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FORCED-MIGRATION  June 2006

FORCED-MIGRATION June 2006

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Subject:

What Basis for Fingerprinting Refugees

From:

Forced Migration List <[log in to unmask]>

Reply-To:

Forced Migration List <[log in to unmask]>

Date:

Mon, 12 Jun 2006 15:27:05 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (173 lines)

(Responses to this message should be sent to Stuart M. Leiderman at 
[log in to unmask])

Dear Readers:

I have two questions:  What rights to privacy are implied or guaranteed under
the Universal Declaration of Human Rights?  And for refugees, what is the 
basis, justification and legality permitting governments, employers and other 
entities to fingerprint them?

Yesterday, I received from the UN Office for the Coordination of Human Affairs, a news article, below, describing plans for a joint UNHCR-Pakistani project to register Afghan refugees living in Pakistan.  According to the 
article, this follows a census of refugees conducted in March 2005, 
revealing "over three million Afghan individuals comprising more than 55,000 
families..."  [three million divided by 55,000 is approx. 60!]

The article further states, "In April, the Pakistani government and UNHCR 
agreed to carry out a national registration drive, which is mandatory for 
every Afghan living in the country.  All Afghans aged five and above will be 
issued an identity card...NADRA [Pakistan's National Database and Registration 
Authority-- 'Largest IT [Information Technology] Organization in Pakistan' -- 
<http://www.nadra.gov.pk/>] being the implementing agncy, said it would 
conduct the exercise using fingerprint biometrics and photos to record 
information...According to UNHCR, the registration process will capture a 
detailed profile of Afghans living in Pakistan: where they come from, how old 
they are and what skills they have."

Now, the configuration of minute skin patterns at the tips of the fingers are 
part of a person's body.  They, like other  constant physiological 
characteristics such as blood type, DNA, precise racial heritage and iris 
patterns are not readily and publicly discernible, i.e. they are not 
distinguishable as unique by one's unaided five senses in the course of normal 
human relations.  Therefore I consider them to be the most intimate of all 
private property, something that normally should be secure and free from 
invasion or mandatory takig by governments, employers and other entities.  I 
believe that at least Articles 2 and 12 of the Universal Declaration of Human 
Rights give bases to hold these personal characteristics inviolate:

Article 2 states, "Everyone is entitled to all the rights and freedoms set 
forth in this Declaration, without distinction of any kind, such as race, 
colour, sex, language, religion, political or other opinion, national or 
social origin, property, birth or other status. Furthermore, no distinction 
shall be made on the basis of the political, jurisdictional or international 
status of the country or territory to which a person belongs, whether it be 
independent, trust, non-self-governing or under any other limitation of 
sovereignty.

Article 12 states, "No one shall be subjected to arbitrary interference with 
his privacy, family, home or correspondence, nor to attacks upon his honour 
and reputation. Everyone has the right to the protection of the law against 
such interference or attacks."

Mark Twain's important novel, Pudd'nhead Wilson (1894) 
<http://etext.virginia.edu/railton/wilson/pwhompg.html>
is the first book I know to popularly explain the uniqueness of finger 
markings and introduce the practice of fingerprinting as a way to catch a 
thief.  Over time, it's become customary in some countries to fingerprint 
someone who has been officially arrested and charged with a crime, for the 
purpose of trying to match their prints with those left at a specific crime 
scene or on a weapon used for the crime.  But this is a far cry from the 
growing practice of requiring prints to register or identify refugees and 
common citizens who are not charged with crimes.

I believe that the mandatory gathering of fingerprints for any purpose other 
than in the course of a specific crime investigation is an arbitrary and 
discriminatory practice that violates the Universal Declaration of Human 
Rights.  Further, I believe that the holding of fingerprint records after a 
person is cleared of accusation is wrong.  Likewise, I believe that the 
holding of fingerprint records after a refugee has returned home is wrong.

To my knowledge, no one has proved that information about a person's private 
physiological characteristics is essential for identity in normal public human 
relations such as work, travel, education and voting.  I believe that the push 
to invade one's physiological space for the purpose of "registration" is 
insupportable; it presumes that innocent people are or may become criminals.  
No matter how widespread it has become among governments, employers and 
obsessive data-gatherers, I believe this practice is wrong and should be 
opposed everywhere.

I would appreciate your opinions on this and support for convening an 
international forum to examine, correct and confine the practice of requiring, 
gathering and holding such personal "biometric" information.

see Mortensen, "Human Relations" 1932 
<http://www.eastman.org/taschen/m198004790024.jpg>

Thank you,

Stuart M. Leiderman

[log in to unmask]

- - - - - - -

U N I T E D  N A T I O N S
Office for the Coordination of Humanitarian Affairs
Integrated Regional Information Network (IRIN) - 1995-2005 ten years serving 
the humanitarian community

[These reports do not necessarily reflect the views of the United Nations]

CONTENT:

1 - PAKISTAN: Afghan registration to start in October

KARACHI, 9 June (IRIN) - Pakistan's National Database and Registration 
Authority (NADRA) will begin registering Afghans living in the country in 
October, officials said on Thursday. 
 
The US $6 million registration programme follows-up the census conducted in 
March 2005, which showed that more than three million Afghans were still 
living in Pakistan.
 
"Over three million Afghan individuals comprising more than 55,000 families 
will be registered during the 8-11 week drive, which is scheduled to start in 
October," Brig Abid Haider Kazmi, director general of NADRA's provincial 
chapter of Sindh said in the southern Pakistani port city of Karachi.

During the drive, Afghan refugees will be issued ID cards, allowing them to 
stay in Pakistan for another three years beyond 2006. The existing agreement, 
between the governments of Afghanistan and Pakistan and the office of the 
United Nations High Commissioner for Refugees (UNHCR), which regulates 
voluntary Afghan repatriation from Pakistan, is set to expire at the end of 
December.  
 
In April, the Pakistani government and UNHCR agreed to carry out a national 
registration drive, which is mandatory for every Afghan living in the 
country.  

"All  Afghans aged five and above will be issued an identity card while those 
under five years of age will be listed on the card of the head of the family," 
Kazmi added. 
 
NADRA, being the implementing agency, said it would conduct the exercise using 
fingerprint biometrics and photos to record information. 
 
"This exercise would be done through a combination of fixed and mobile 
registration points. To this, we will utilise about 88 registration centres in 
all four provinces [of Pakistan] and Pakistani-administered Kashmir along with 
our mobile teams," NADRA's official said.
 
According to UNHCR, the registration process will capture a detailed profile 
of Afghans living in Pakistan: where they come from, how old they are and what 
skills they have.  

"These findings will also tell us the needs of Afghans who have trouble 
returning [to Afghanistan], so appropriate solutions can be found for them," 
Vivian Tan, a UNHCR spokeswoman, said in Karachi. 
 
The data collected in the registration will help the Afghan government plan 
regional development in potential areas of return. It will also help Kabul 
make the best use of the skills returnees have, by identifying key workers 
such as teachers and doctors, the UNHCR official said. 

More than 76,000 Afghan refugees have returned so far this year. About  2.8 
million Afghan refugees have repatriated from Pakistan since the UN refugee 
agency started its voluntary repatriation assistance programme for Afghans in 
early 2002. 

TS/SC [ENDS]

- - - - - - -


++++++++++++++++++++++++++++++++++++++++++++++++++++
Note: The material contained in this communication comes to you from the
Forced Migration Discussion List which is moderated by the Refugee Studies
Centre (RSC), University of Oxford. It does not necessarily reflect the
views of the RSC or the University. If you re-print, copy, archive or
re-post this message please retain this disclaimer. Quotations or extracts
should include attribution to the original sources.

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