CERD/C/84/D/50/2012
The facts as submitted by the petitioner
2.1
In 1996, having completed his studies at the Military and Civil Academy in Tripoli
and unsuccessfully applied for a residence permit in Libya, the petitioner boarded a plane to
return to Somalia via Zurich, Switzerland. Fearing persecution by the majority clans in his
country of origin (he felt threatened because he had been sent to Libya by the former
Somali government), the petitioner applied for asylum in Switzerland while in transit in
Zurich. In response to his asylum application dated 11 August 1997, the petitioner was
granted temporary admission on 5 January 1999 by the Federal Office for Refugees (later
succeeded by the Federal Office for Migration). The Office considered that the petitioner
did not meet the criteria for refugee status as he had not “personally suffered persecution”.
Even so, having considered the whole file and in view of the political situation in Somalia
at the time of the application, the Office for Refugees did not find it reasonable to send him
back. Since then, the petitioner has had an “F” permit, which gives him temporary
admission status.
2.2
Since 5 January 1999, the petitioner has received a monthly allowance of 387.50
Swiss francs (CHF), which he considers insufficient to meet his needs.2
2.3
Apart from a period between 2 May 2000 and 30 September 2002, the petitioner has
never managed to find work in Switzerland, despite his Libyan university education and his
efforts to improve his qualifications.3 The contract he signed with his employer in 2000
referred to him as a house boy (garçon de maison), although the job consisted in working in
a hotel reception and acting as interpreter, mainly for Arab guests. He was paid CHF 1,700
gross per month. After a year, the petitioner told his employer that he could not continue
under those conditions. He was told that as a holder of an “F” permit he could not be hired
as a receptionist, as positions of that kind were reserved for holders of a residence permit.
The employer therefore put in the contract that he was a porter (tournant de loge). As this
did not suit him, the employer offered him night work so that he could keep up his German
classes during the day. The contract referred to him as a night receptionist, part-time and
hourly paid. He therefore had no job security. The Federal Office for Migration took 10 per
cent of his pay and placed it in a special account.
2.4
To boost his chances of finding more stable employment, the petitioner took steps to
obtain vocational training and university education. In 2001 he asked the unemployment
benefit office to pay for training in hotel work and said he would be prepared to pay back
his unemployment benefit as soon as he could. His application, dated 30 November 2001,
was turned down by the Regional Employment Office on the grounds that, although such
training would improve his qualifications, it was not necessary in order to find a job as he
was already working in the hotel business. By a ruling of 18 June 2003, the Administrative
Tribunal of the Canton of Vaud upheld that decision. By a ruling of 2 September 2004, the
Federal Insurance Court upheld the cantonal tribunal’s decision on the grounds that, with
his qualifications, the petitioner should be able to find work in Switzerland and did not need
that training to do so.
2.5
One of the many job applications submitted by the petitioner was to the Federal
Office for Migration in October 2007 for a post as a translator and minute-taker. As he
spoke Somali, Arabic and French, he thought his CV would be of interest. He had an
interview and a written test, doing very well in both. An official of the Office informed him
that he could not be hired: the Federal Government had refused to take him on the grounds
that a person with an “F” permit could not be hired for that position.
2
3
GE.14-41526
This sum is paid by the Migrant Reception Office of the Canton of Vaud if the beneficiary is not in
gainful employment. That Office also provides accommodation and pays for health insurance.
The author attended a training course in Germany in 2005 and returned to Switzerland in 2006.
3