Asylum Funding Confusion
OUSU's legal advisors have blocked plans by OUSU Council to financially support Ruskin College student Alfred Koineh's fight against deportation to Sierra Leone. OUSU Council voted recently to match the Ruskin College Students Union contribution to the 'Let Alfred Stay Campaign' pound for pound. While some have questioned the move, the OUSU Vice-President (Finance) has defended the decision claiming that because of the nature of the campaign it would not have been legal for OUSU to make an official contribution.
Campy told the Oxford Student, "OUSU exists to support the educational welfare of Oxford students. Charity law prevents OUSU from supporting any non-educational causes, this includes the legal costs of students and political causes ranging from the Labour Party to Third World Action. The money requested from OUSU is intended to be used towards paying the legal costs for Alfred Koineh's upcoming application for judicial review." He added "OUSU Council cannot force the trustees of OUSU to break the law. It would not be surprising if OUSU was sued for misusing its funds, if it were to financially support political causes." The OUSU guidelines, based on government legislation, on what is 'Ultra Vires', state that "Union funds must not be used to promote or support campaigns on matters which may be of general interest...but which do not affect members of the Union as students." Campy said that Alfred Koineh's case was outside the remit of OUSU as it would involve contributing to the legal fees of students.
Alfred Koineh told the Oxford Student, "There are colleges which had affiliated to the campaign and had pledged money but with this issue going on those colleges might not actually make the donations." While a number of JCR's have affiliated to the campaign, only a few have actually made financial contributions to the cause, as it is not a registered charity. A number of colleges have attempted to get around the legal obstacle by holding private collections.
Campy also warned JCR's intending to donate money to overtly political causes. He said that the charity status of most students' societies made donations to political causes illegal. Campy added that OUSU is especially under scrutiny and there is a great threat of legal suits if OUSU spends its money outside its remit.
Koineh however felt that despite the setback, his campaign against his deportation to Sierra Leone was gathering momentum. "The moral and physical support is there," he said, "immediately after the launch a lot of students and colleges affiliated straightaway. A lot of students came to our general meeting, it was really great. It really hasn't stopped since then, a lot of JCR's have affiliated already."
He added that, "It's beginning to tell on my academic performance."
His bid for Jack Straw to overturn the rulings denying him political asylum has been endorsed so far by the NUS President Andrew Pakes, the Black National Students' Union, various branches of the Health Union UNISON, and the Oxford Trades Council.
The OUSU President Josh Bell, has personally writen to the Home Secretary and Mike O'Brien the Home Office Minister with responsibility for the case, in support of Alfred's claim.
Koineh said, "Students who sympathise with my campaign and who want to contribute or help are most welcome. At this period exams are just around the corner but we just want students to keep in contact and say how the campaign is going. A lot of JCRs have affiliated and say they'll write to the Home Office. If they could do that now and send us a copy so we can gauge the level of support, it would be a big help, because now I am getting very tired."
Ed Griffith, a spokesman for the Young Communist League, told the Oxford Student "We fully support the 'Let Alfred Stay Campaign', and I think it is very bad of the OUSU leadership. They have gone back on donating the money due to what I believe are financial reasons."
He disputed the legal reasons for OUSU's actions, he said the 1994 Higher Education Act, which gives guidelines on the activities of Students Unions did not debar a contribution to the Alfred Koineh Campaign. According to Griffith, the aims of OUSU must include safeguarding the welfare of its students and if Alfred Koineh returned to Sierra Leone he would be in danger.
OUSU replied that even political activities which deal with a students' welfare are still outside the remits set out by the law.
Campy emphasised, "I am sorry we cannot support the campaign financially, it is a campaign I support myself but a campaign OUSU cannot pay for."