In November, the Swedish government presented a proposal for a new law requiring public servants to provide information regarding undocumented migrants to the police, who will then share the information with immigration authorities.
The proposal, which has been debated for years, has sparked protests by civil society and trade unions. They argue that legally requiring teachers, doctors, nurses and librarians to report undocumented people would violate their professional code of ethics and deny people their human rights.
The government, which consists of three centre-right parties collaborating with the right-wing Sweden Democrats, has now agreed that employees of six government authorities should be included in the proposed law. Municipalities and healthcare facilities, schools, and social services will not be included. The Red Cross’ mission is to assist people in vulnerable situations. We are guided by our seven fundamental principles, including humanity and impartial support for all those who turn to us, regardless of their legal status.
When we meet undocumented people in Sweden, we see that they are increasingly worried and afraid since this debate about the proposed new law began.
Withdrawal and avoidance
The mere fact that the government has opened an inquiry to look into whether municipalities and authorities should be obliged to actively provide information on undocumented individuals has stoked this fear, even before the proposal was officially unveiled.
The Swedish Red Cross has extensive experience in assisting people fleeing conflict and providing legal advice and social support to asylum seekers, refugees, and migrants.
Undocumented individuals are difficult to define and this is a heterogenous group. This means that measures to improve the return process for asylum seekers, when possible, need to take this into account and be varied.
The return process must be based on strengthening the individual’s well-being and ability to receive information, make informed decisions about their future, and take the time to be well-prepared for a return and what it may entail.
This is also relevant for the return of individuals who are undocumented for other reasons.
When people in vulnerable situations meet public servants, for example in healthcare and education, and become uncertain about what they could do, their trust in authorities in general is affected, leading to withdrawal and avoidance of all forms of contact.
This could make it difficult for authorities to reach out with information and protect individuals in the event of a crisis.
We know that there is no simple or quick solution to reduce the number of people living undocumented. In countries such as Germany and the UK, there is no clear evidence that a legal duty to report undocumented migrants has led to increased returns.
Instead, evaluations show that people remain in the country, but in increasingly vulnerable and marginalised situations. This is particularly true for vulnerable groups such as children and women, especially pregnant women and women subjected to violence.
With this in mind, the Swedish Red Cross welcomes the fact that municipalities, schools, healthcare, and social services are excluded from the obligation to provide information in the government’s proposal.
However, we must analyse further the effect of the inclusion of the Swedish Tax Agency in the proposed law, and what that means for pregnant women and newborns, victims of domestic violence and other vulnerable groups.
We must also recognise that some damage has already been done. The government’s initial lack of clarity in specifying how the investigation will proceed has created fear among undocumented people, undermining trust in public institutions and, to some degree, civil society. We must now make joint efforts rebuild this damaged trust in public institutions.
Ulrika Modéer is secretary general of the Swedish Red Cross.
This article first appeared on Context, powered by the Thomson Reuters Foundation.
