Why Scotland’s Treatment of Refugees is a Cut Above the Rest

This past week, I’ve been doing some freelance research for a British human rights charity. This experience has dramatically opened my eyes to the absolute chaos that is the British “immigration” system.

Of course, we’ve all heard about British government’s fumbling inability to handle current refugees and even integrate migrants. Windrush Scandal, anyone? Or Theresa May’s explicit wish since 2012 “to create, here in Britain, a really hostile environment for illegal immigrants”? Well, looks like it’s worked there, Prime Minister! How about the refusal to grant visas to 100+ Indian doctors, who had been especially recruited to help critical health shortages in the NHS? Or the ever-growing imprisonment of asylum seekers in British “detention facilities”? Or the fact that the Home Secretary herself had no idea that immigration quotas were used in her own department? So long, Amber Rudd.

But while I was scrutinising the absolute disorder and contradictory measures that the Home Office currently takes towards the world’s most vulnerable people – refugees, asylum seekers and victims of trafficking – I was delighted to discover that at least one portion of this Great Britain is taking deliberate, long-term steps towards helping these groups: Scotland.

Did you know that of all the UK, Scotland is the only nation that wants to give refugees the right to vote?

Hurrah! In May 2018, it was announced that plans are being proposed to the Scottish Parliament to give EU, non-EU and asylum seekers the right to vote. Let’s hope it passes!

But why is this a good thing? Giving migrants the right to vote is an absolute cornerstone of nations with a history of immigration and diversity. For example, Australia, the United States, and Canada have benefitted immensely from giving refugees, asylum seekers and other landed migrants the right to vote. Although, admittedly, this didn’t happen overnight. (For example, Japanese and aboriginals in Canada were not given the right to vote until 1949 and 1960, respectively). But in the 1970s, Canadian PM Pierre Trudeau flooded Canada with migrants and, by extension, new voters. Although it seems wonderfully inclusive, the true motive was to dilute existing Francophone and Anglophone tensions that were hitting a crisis point!

Trudeau’s strategy, however underhanded, achieved something remarkable. It meant that political parties had to include these new immigrants in their broader policy objectives. It meant that migrants were courted with initiatives that appealed directly to them. This forced politics to become dynamic, progressive and inclusive. Instead of pushing migrants to the fringes of society, this enforced that Canadians, whether new or native, were included in the most high-level decisions in Ottawa. In fact, in 2011 and 2015, the Canadian Conservative Party won a higher share of votes among immigrants than it did among native-born Canadians. Go figure.

Of course, if migrants in Scotland are given the right to vote, this allows the Scottish National Party (SNP), currently a significant minority party, an opportunity to expand its voter base. And, you know what? I don’t care. It doesn’t matter if you’re an SNP, Tory, Labour, Lib Dem or Green supporter. If migrants can vote, including EU and non-EU residents, then this only benefits greater Scottish society. Inclusivity and diversity will become ingrained in Scottish politics which, in turn, will impact Scottish voters, Scottish attitudes and broader long-term Scottish aims.  This will irrevocably enrich Scottish society.

Also, increasing the rights of people who live here does not nullify or decrease the existing voter rights of born-and-bred Scots. Equal rights for others does not mean less rights for them. It’s not pie, right?

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Green MSP Ross Greer said in May 2018,  “What better way could we show refugees and asylum seekers that they truly are welcome and that Scotland is their home than by giving them the right to vote?” These Syrian refugees arrived in December 2017 to be settled on the Isle of Bute (Photo by Christopher Furlong/Getty Images).

Did you know that of all the UK, Scotland is the only nation to have an explicit strategy in place to integrate newly-arrived refugees?

To my absolute astonishment, England, Wales and Northern Ireland do not have any broader strategy to integrate its thousands of refugees and asylum seekers.  Stupid, no? Fortunately, after mounting pressure, England announced last March that it will invest £50m to support an Integrated Communities Strategy that will initially target five local authorities in England to improve English language skills, increase economic opportunities (particularly for women) and ensure that every child receives an education. So, I guess late is better than never, eh?

But a lack of an “integration strategy” (however bureaucratic and boring that sounds) has massive impact on migrants. For example, asylum seekers in the UK face massive problems once they’re granted refugee status. After waiting six months for a decision (while surviving on just £37.75/week for yourself and dependents, with no right to work or access mainstream benefits, and living in shady Home Office accommodation outsourced to companies with a history of poor quality compliance, like G4S), you are given just 28 days to find work, a new home, apply for benefits, and “move on” towards integration.

This “move on” period is often the worst moment for refugees in the UK. Suicide rates spike, mental health problems increase, people are forced into destitution and exploitation simply due to a lack of support and, critically, not enough time.

In fact, the Home Office often does not send critical documentation to new refugees within this 28-day period. For example, a National Insurance Number (NINo) and Biometric Residence Permit become vital to a refugee’s survival in the UK because they often did not flee war and persecution in their homeland with their passports, right? So, one or both of these documents are required for gaining employment, opening a bank account, applying for a Home Office “integration loan” (£100+), accessing mainstream benefits and securing private or public accommodation. However, the Home Office often does not send these documents until well after an asylum seeker has been granted refugee status. Seems counterintuitive, no?

For example, the All Party Parliamentary Group on Refugees wrote in their report about Sami from Iraq. He was not sent his NINo until the day after he was evicted from his Home Office accommodation (at the end of the 28 day “move on” period). Because Sami could not claim benefits or obtain employment to secure accommodation without his NINo, he was forced into homelessness. Charity reports are riddled with stories like these, where it’s obvious that the UK’s current system is failing those it most means to help. Instead, homelessness, destitution and exploitation become synonymous with the refugee experience.

After the “move on” period, refugees now have the long-term task to integrate. Learning English is, obviously, the biggest task. Without being able to communicate, migrants cannot access NHS services, higher education or training, the job market, or even just simple things like community events! So, English for Speakers of Other Languages (ESOL) classes are vital, right? But in England, government funding for ESOL classes was drastically reduced by 55% between 2008 to 2015. Fortunately, Scotland and Wales and Northern Ireland all currently have ESOL strategies in place. Nearly 5% of all Scots (over age of 3 years old) actually speak another language other than English in the home. Although Brits are generally notorious for not speaking other languages, at least the Scottish government is wise enough to support these refugees learning English. This, sadly, is something they’re failing to do south of Hadrian’s Wall.

Did you know that of all the UK, Scotland currently hosts the largest urban population of refugees? Yep, Glasgow.

The local authorities that currently host the largest number of asylum seekers (waiting on refugee status) are Glasgow (3,799), Liverpool (1,622), Birmingham (1,575), and Cardiff (1,317). But the largest asylum seeker populations are actually in North West (10,111), the West Midlands (5,431), Yorkshire and the Humber (5,258) and London (5,084).

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By September 2016, asylum seekers were ten times more likely to live in Glasgow than anywhere else in the UK. Seems the ‘Weegies were okay with this! (Photo credit)

Although asylum seekers are allocated Home Office accommodations in Glasgow, decisions on their applications are not within the remit of the Scottish authorities. Everything is decided through a centralised, federal system. But while one waits on their application, one can be “dispersed” anywhere within the system without one’s choice taken into account. This means that local authorities and NGOs must compensate for shortages in financial support, issuing documentation and allocated housing.

Fortunately, there’s multiple Scottish/Glaswegian charities willing to help: Scottish Refugee Council, Refugee Survival Trust, Positive Action in Housing, and Scottish Faiths Action for Refugees, among others.

To my great surprise, I googled “Glasgow, refugees, asylum seekers, bad, 2018” to find recent negative news stories about asylum seekers in Scotland. To my shock, I found nothing that denotes a systemic problem between asylum seekers and the local populations. Instead, I googled “Glasgow, refugees, asylum seekers, 2018” and found headlines within the last 6 months like this:

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Damascene Street Food really does look delicious, eh?

Of course, there must be bad news stories… and they appear to be coming from Scottish charities. One independent news source, called The Ferret, reported that charities had doled out record amounts of emergency grants to asylum seekers in 2017 – over £110,000 to be precise. And, at £80 per grant, that’s a huge number of asylum seekers deemed to be in crisis in Scotland.

Why is it so high, the Ferret asks? Due to delays on documentation, poor housing, no access to work or benefits while waiting on one’s application, etc. Basically everything I’ve already written. In fact, The Ferret calls it the “invisible epidemic” of refugee destitution. Evidently, Scottish charities are facing the same challenges as their brothers and sisters south of the border.

Did you know that Scotland allows asylum seekers and refugees full access to the NHS?

All refugees in the UK have immediate free access to healthcare provided by the NHS. Asylum seekers are also entitled to free “urgent care” (also called “primary care”) while in the UK. But “secondary care,” such as getting a specialist to check that never-ending ear infection, or receiving mental health support, or chemotherapy if you have cancer, all those types of long-term “secondary care” benefits are not provided to everyone.

In England, those refused asylum are required to payfor secondary health services. However, in Scotland, refugees and even refused asylum seekers (those deemed as having no recourse to public funds “NRPF”) have full access and treatment on the same basis as any other UK national. Also, all prescriptions are free! Sensational.

So what?

The broader immigration system in the UK is flawed, to put it mildly. Asylum seekers like Nesrîn, an Iraqi Kurd, and her two children, survive on just £37.75/week. She comments that:

They give us asylum benefit so we will not beg, but actually we are begging. Sometimes I cry for myself; everything is secondhand, everything is help. I can never do something for myself… When you become a mum you have everything dreamed for your daughter, and I can’t do anything. I’ve given up, actually.

I can’t imagine just how powerless an asylum seeker must feel in this country. After fleeing violence, war and persecution in their homeland, they arrive on British shores to only find a hostile and monstrous bureaucracy awaiting them.

But, fortunately, Scotland’s treatment of refugees is a cut above the rest. By giving asylum seekers the right to vote, you are giving them a voice. By giving asylum seekers access to full healthcare, you are giving them a chance to live. By creating national strategies for local governments, communities and charities, you are giving refugees a chance to learn English, get a job, find a home, receive an education and integrate into Scottish society. These are remarkable steps in a direction that is supportive, inclusive and diverse. As Sabir Zaza, Chief Executive of the Scottish Refugee Council, said eloquently in May 2018:

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Refugees often flee their homes because their human rights are denied. For people from the refugee community to then have access to all their rights including the right to vote in Scotland is a hugely significant point in their journey towards integration, citizenship and the ability to play an active role in society.”

Should the Youth be given the Vote? Historical Reasons Why Age is Arbitrary

I made a rather startling discovery. Those who suffer from dementia can still vote in the UK and Canada. “Really?” you may ask. “Really,” I reply.

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Voting in an inalienable right in democratic nations. Once you gain the right to vote, it is extremely difficult to lose.

Criminals are some of the only disenfranchised groups. In Britain, a criminal’s right to vote is suspended while you serve your sentence. This is the same for Australia, except prisoners who serve less than three years can still vote. In Canada, criminals still retain the right to vote, regardless of the prison sentence. The United States has some of the most punitive measures against voting for criminals and because it varies drastically between states, I excluded the USA from this article. (Apologies to my American friends, but you can read more about the almost 6 million felons, or nearly 2.5% of voting Americans, who could not vote in the 2012 federal election here).

Voting is a pillar of equality among citizens and the act of voting is a benchmark in a person’s life.

What about the Youth Vote?

Historically speaking, the argument that youth aged 16 and above should get the right to vote is a very recent phenomenon. Before the Second World War, only people aged 21 years and older were given the right to vote in most major western democracies. In the 1970s, this age was lowered to 18 years of age in the UK, Canada, Germany, and France due to the fact that 18 years was the age of military conscription. However, some nations retain 20 or 21 years as the age of suffrage. Only since the 1990s have some nations successfully lowered the youth vote to include 16 year olds. Scotland is one of them.

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Over 75% of Scottish youths voted in the 2014 Scottish Independence Referendum

After years of campaigning, the Scottish National Party were able to give youth the right to vote in the June 2014 Scottish Independence Referendum. Impressively, over 75% of those youths aged 16 and over (who registered) turned out, compared with 54% of 18- to 24-year-olds. This turnout was considered hugely successful and resulted in Westminster granting new electoral powers to the Scottish Parliament in December 2014. Now, all youths aged 16 and over can vote in both parliamentary and municipal elections in Scotland.

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Nicola Sturgeon and the SNP Party campaigned successfully for years to secure the youth vote (Photo from BBC Article)

For the rest of Britain, youth cannot vote in UK general elections until age 18. Although calculating the youth turn-out rates must not be accepted entirely at face value, in the recent general election one statistic claimed that 72% of all 18 to 24 year olds turned out to vote. This means that turn-out rates for young British voters were remarkably high.

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Molly Scott Cato said that denying the youth the right to vote because they aren’t responsible enough was “elitist rubbish” (Photo from BBC Article)

British politicians hotly debate the voting age. The Tories believe it should remain at 18, while Labour proposes lowering it to 16. The Liberal Democratics are somewhere in the middle, suggesting it should be only lowered for local elections. The Scottish National Party, who are very popular with Scottish youth, believe it should be lowered to 16 for general elections. My favourite, perhaps, was when the Green Party’s Mary Scott Cato said that arguments that claim 16 year olds aren’t responsible enough to vote is “elitist rubbish.”

Age is Arbitrary: “Childhood” is a Young Concept

Age as a marker is quite arbitrary, especially when you look at it historically.  In the wake of the Second World War, when over 15 million children were left homeless and resettlement was a huge crisis, the United Nations defined anyone under the age of 17 as a child. Today, childhood ends in the majority of sovereign states at age 18.

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These Polish war orphans at a Catholic Orphanage in Lublin, on September 11, 1946, are among the 15 million children displaced by the war. To expedite the settlement process, the UN defined all children under age 17 as a “child”

But childhood as a historical concept has only been closely examined in the last few decades. That is not to say that children or childhood were never discussed in historical sources. But, similar to race and gender, age was often overlooked, understudied or poorly represented within historical accounts.

In the 1970s, a revival of the historiography of childhood occurred as the result of the book “L’Enfant et la vie familiale soul l’Ancien Regime” (or “Centuries of Childhood,” 1962) by a French medievalist named Philippe Ariès. He argued that childhood was actually a recently-invented modern term, which evolved from the medieval period. Importantly, the concept of childhood was not static but underpinned heavily by the culture of the time. This revolutionized social history and led many scholars to investigate how Europeans transitioned from a pre-children-conscious world to one which had ‘invented’ childhood. (For an excellent overview, see Nicholas Stargardt, “German Childhoods: The Making of a Historiography,” German History, 16 (1998): 1-15).

With state intervention in education in the 19th century, and the subsequent child labour laws from the Industrial Revolution, children’s ages became both legally and economically relevant. How old must a child be to work? Can a child be charged with crime? Records of child delinquency are often the first historical accounts that children existed in certain cultural contexts. For example, historians are aware of the punishments of child delinquents in 19th C Irish workhouses, but we know little else about Irish children’s experiences in workhouses who were not delinquent.

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Illustration of children in a 19th C workhouse courtesy of workhouses.org.uk

Even biological markers of age are debatable. In the USA, lawyers have used science to argue that grey matter is still being developed well into our 20s in the same area of our brains that regulate self control; this has led to numerous cases where juveniles charged with murder have had their prison sentences reduced.  The use of puberty as a reproductive “line in the sand” has also changed in the last few hundred years: the age of puberty today (10-12 years for girls, 12 for boys) is lower today than it was centuries ago (15-16 for girls). And unlike a few centuries ago, “Puberty today marks the transition from childhood to adolescence more than it does childhood to adulthood.” Meanwhile, in the animal kingdom, biologists define animals as adults upon sexual maturity. It seems that neither the historian or biologist can agree about childhood.

And, to make it even more complicated, children as individuals also vary greatly.  Children’s experiences and what they’re subjected to also vary greatly. When in doubt, think of Joan of Arc, Malala Yousafzai, or Anne Frank.

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Anne Frank was just 15 years old when she died in Bergen-Belsen Concentration Camp

So what does this have to do with voting?  

If our definitions and beliefs about childhood are culturally dependent, then the ages we assign it, or the assumptions we have about it, are a product of our culture, and not necessarily an authentic reflection of “childhood.” (If such a thing actually exists).

During the medieval era, children were considered “little adults” who needed to be civilized, which presumes that children are born with inborn rationality and intelligence, but lacking social graces. A medieval parent therefore viewed childhood as a rigorous lesson in civility.

Medieval Children

During the Medieval era, children were viewed as “little adults” and as as Bucks-Retinue points out, even their clothing was just “smaller versions of adult clothes.”

But today’s parent does not view it quite like that. Due to the legality of certain social freedoms – driving a car or drinking alcohol – the state has defined a child in contradictory ways. You can join the military at age 16 in the UK, but you’re not legally entitled to toast the Queen’s health until age 18.  The predictable argument is that if you can join the military, drive a car, leave school for full-time work, pay taxes, marry (and thus have the state’s endorsement to be a parent), then you should have the right to vote. I see no fault in this argument.

So why did I start this conversation by talking about people with dementia?

Dementia is an umbrella term for various progressive neurological disorders that includes memory loss, anxiety/depression, personality and mood changes, and problems communicating. We most often associate dementia with Alzheimer’s disease, which has no cure. 46 million people suffer from dementia world wide, which is expected to double every 20 years.

In Britain, 1 in 6 people over the age of 80 have dementia, or a total of 850,000.  But having dementia, similar to having learning difficulties or other mental health problems, does not preclude you from voting. According to the Electoral Commission’s Guidance:

“A lack of mental capacity is not a legal incapacity to vote: persons who meet the other registration qualifications are eligible for registration regardless of their mental capacity.”

If someone suffers from mental incapacity or physical disability, they may assign a close relative as a proxy to vote for them (These situations are generally meant to help those serving overseas, or temporarily inaccessible, so they can still exercise their democratic rights and, sometimes, must be approved by a health practitioner or social worker). If a proxy is authorised, the Electoral Commission makes is absolutely clear that no one – whether relative, doctor, nurse or lawyer – can decide how to cast that ballot. The choice alone lay with the voter. Period.

In Britain, you cannot vote if you reside in a mental institution due to criminal activity or if you are severely mentally incapacitated and cannot understand the voting procedure. Those with dementia are still legally entitled to vote because it is not considered legally incapacitating (especially in its early stages) and worthy of disenfranchisement. Usually it is not until a doctor is requested to authorise a proxy vote whereupon someone possibly becomes disenfranchised, depending on the doctor’s judgement.

In Canada, 1.5% of the Canadian population (around 480,000) have dementia, most of which experience this after the age of 75. The Canadian Human Rights Act makes it illegal to discriminate against persons based on age or (dis)ability.

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Age is the number one risk factor for dementia.

Canada was one of four countries (Italy, Ireland and Sweden) which did not impose any mental capacity requirement (dementia included) upon the right to vote. After a legal challenge in 1992, the call for a minimum mental health requirement was repealed and by 2008, only Nunavut will disqualify someone from voting based upon mental incapacity. Thus, similar to Britain, Canadians with dementia also retain the right to vote.

What does this tell us about our society?

It is impressive that people suffering from dementia (often elderly) still retain this right. This demonstrates that nations like Britain and Canada strongly respect equality among citizens, irrespective of (dis)ability, mental (in)capacity, or age. And, importantly, this demonstrates that these nations honour the incontrovertible democratic rights of its aging and sick citizens. Discrimination is fundamentally not tolerated.

BUT to deny the youth vote while granting it to someone with a progressive neurological condition seems unfair. Should a 16-year-old “child” be considered less politically capable than someone with dementia?  Is that fair?

Youth Vote vs. “Elderly” Vote

In my frustration at this quandary, I read a provocative and humourous commentary calling for disenfranchising all elderly in Time Magazine. Joel Stein said simply “Old people aren’t good at voting”.  Although Stein avoided getting his hands dirty with dementia, he highlighted the “out of touch” policies endorsed by “old people”: They’re twice as likely to be against gay marriage, twice as likely to be pro-Brexit and nearly 50% more likely to say immigrants have a negative impact on society. Although funny, I am a staunch supporter of democracy and believe we should enfranchise people even if we disagree with them. That’s the point of democracy: to find consensus among disparate voices. Young, old, sick, healthy, rich, poor, all should be allowed to vote.

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In June 2017, Justin Trudeau and Barack Obama had an intimate dinner

Justin Trudeau and Barack Obama recently enjoyed their enviable bromance over a candlelit dinner in a little Montreal seafood restaurant. They spoke of a great many things, but one was “How do we get young leaders to take action in their communities?”

Such conversations among politicians reflect a growing interest to include the youth’s voice and agency within our political process and communities.  If what medievalist Philippe Ariès said is true – that our concept of childhood is culturally-dependent – then how our culture interprets our youth needs to change. Historically speaking, it appears that that change is already beginning. And although Scotland has taken remarkable strides towards giving political agency to Scottish youths, this can be taken even further.

By engaging youths in political process, supporting their agency and action in multiple national bodies and networks, and listening to their needs and incorporating their voices into politics, then our cultural assumptions will shift. In the same way as we honour our elders and our sick, let us honour our youths.