Presentation on theme: "[Insert date and place of the launch]. 2 [Add Regional/National] Overview Detention is a global challenge. There is no empirical evidence that the use."— Presentation transcript:
2 [Add Regional/National] Overview Detention is a global challenge. There is no empirical evidence that the use of immigration detention deters irregular migration. Criminalization of asylum-seekers.
3 Impact on asylum-seekers Drastic physical, psychological and social impacts Psychological illness, trauma, depression, anxiety, aggression, and other physical, emotional and psychological consequences. Family separation or breakdown, long-term psychological problems, and difficulties for later integration or constructive engagement in the community, whether in the asylum country or country of origin.
4 Definition of Detention Detention refers to the deprivation of liberty or confinement in a closed place which an asylum-seeker is not permitted to leave at will, including, though not limited to, prison or purpose-built detention, closed reception or holding centres or facilities.
5 Detention Detention can take place in a range of locations: land and sea borders, or at “international zones” of airports, islands, boats, closed refugee camps, house arrest, extraterritorially. The important question is whether an asylum-seeker is being deprived of their liberty de facto and whether this deprivation is lawful.
6 Definition of Alternatives to detention Alternatives to Detention (ATD) is not a legal term but refers to any legislation, policy or practice that allows asylum-seekers to reside in the community subject to a number of conditions or restrictions on their freedom of movement.
7 The Detention Guidelines Reflecting the current state of international law, the Guidelines are intended to guide: – a) governments in their elaboration and implementation of asylum and migration policies which involve an element of detention; and – b) decision-makers, including judges, in making assessments about the necessity of detention in each individual case. There are 10 guidelines in total, addressing the main aspects of detention in the asylum context.
8 Main messages Seeking asylum is not an unlawful act Open and humane reception arrangements Fundamental right to liberty and against arbitrary detention apply to all persons, regardless of their immigration or other status. Detention of asylum-seekers should in principle be avoided, be a measure of last resort, prescribed by law and applied only where necessary and proportionate to a legitimate purpose. Alternatives to detention need to be considered.
9 Main messages cont’d The Guidelines also provide guidance on: – Alternatives to detention – minimum procedural safeguards, – humane and dignified standards of treatment, – special circumstances and needs of particular persons that need to be taken into account, and – independent monitoring and inspection.
10 Alternatives to detention The human rights consequences as well as social and economic costs of immigration detention compel States to consider alternatives to detention. Cooperation improves with alternatives to detention Cost-effective
11 Implementation [insert activities / actions in your country/region for UNHCR and areas for cooperation with the government/NGOs etc.]
12 Thank You! The Guidelines are available in Refworld: http://www.unhcr.org /refworld/docid/5034 89533b8.html http://www.unhcr.org /refworld/docid/5034 89533b8.html