CERD/C/84/D/50/2012 The petitioner recalls the Committee’s general recommendation No. 22 (1996), on article 5 and refugees and displaced persons,11 whereby the State party has a positive obligation to take a series of measures, notably economic and social measures, to protect individuals and ensure the effective realization of their fundamental rights. 5.4 According to the petitioner, holders of an “F” permit are subject to arbitrary decisions by the State party’s administrative authorities. Every Swiss institution must inform the migration services of any procedures undertaken by members of this group. That includes schools, regional employment offices, unemployment benefit offices, doctors, banks and the Post Office. This is a dehumanizing practice. This intrusive behaviour by the migration services, and all discriminatory practices by migration officials, go unpunished. In fact, since no justification is given for the decisions taken by the migration services, any recourse against them is ineffective, particularly as the courts themselves recognize the competence of these services in this regard. The petitioner refers to a legal opinion published in a report of the Federal Commission against Racism to the effect that not only do the migration services decide whether, and under what circumstances, to consider hardship cases (temporary admission), but that they have a free hand, at least for decisions at the cantonal level, in interpreting and weighing the criteria. The decision-making process is thus also a political process.12 This legal opinion goes on to point out that this situation is problematic because those who are victims of discriminatory application of the law by the authorities cannot appeal. 5.5 On these grounds the petitioner criticizes the system of issuing a residence permit to these individuals while keeping them under close supervision, controlling their access to all rights, including the right to work. Supervision in his case included weekly calls to the employer he worked for between May 2000 and September 2002 to find out how he was working. 5.6 The differences in the treatment of foreigners are blatant, with rejected asylum seekers receiving emergency aid of CHF 8 to CHF 10 per day, temporary admissions receiving aid of CHF 12.50 per day and other categories of foreigners and Swiss requiring social assistance receiving around CHF 40 per day (CHF 1,200 per month). The petitioner has tried to contest the amount paid but to no avail – in his view because there are no remedies. The payslip states that the recipient may contest the payment but this refers to the right to challenge an error in the payment, not to contest the amount of social assistance as such. In addition, persons on temporary admission may not freely choose their doctor (Cantonal Act on Assistance to Asylum Seekers and Other Categories of Foreign Nationals, art. 37, para. 2). A person can receive no treatment apart from emergency treatment without a payment guarantee issued by the Migrant Reception Office. In his case the Office did not accept the dentist’s estimate and his tooth became infected. 5.7 As regards the violation of privacy, the petitioner rejects the State party’s explanations and says that the Migrant Reception Office did not give him advance notice of the official’s visit but left a note afterwards saying they had called. The petitioner tried to obtain explanations and lodge an appeal, to no avail. 5.8 The petitioner considers that the “F” permit is not a reliable, unambiguous document that allows him to move freely within the Schengen area in Europe. Although in theory that possibility is open to him, in practice the other European States interpret the document 11 12 12 Official Records of the General Assembly, Fifty-first Session, Supplement No. 18 (A/51/18), annex VIII, sect. C. S. Bolz, “Cas de rigueur dans le domaine de l’asile – les mêmes chances pour tous?” Report of the Federal Commission against Racism, TANGRAM No. 24, November 2009, p. 76. Available from www.ekr.admin.ch/pdf/Tangram_24.pdf (accessed 26 February 2014). GE.14-41526