1. Reception and Detention A European Perspective Martin Wyss – Chief of Mission – IOM Moldova

2. Illegal Migration Who’s to “blame” ? & What can be done?

3. Who’s to “blame” ? THE SMUGGLERS/FACILITATORS ? THE SMUGGLERS/FACILITATORS ? THE COUNTRIES OF DESTINATION ? THE COUNTRIES OF DESTINATION ? THE COUNTRIES OF ORIGIN ? THE COUNTRIES OF ORIGIN ? THE MIGRANTS ? THE MIGRANTS ?

4. Who’s to “blame” ? The smugglers (facilitators) - WHY The smugglers (facilitators) - WHY They exploit and endanger migrants They exploit and endanger migrants They undermine the authorities of the state They undermine the authorities of the state They are criminals They are criminals Problem: Smugglers act (mostly) on demand

5. Who’s to “blame” ? The countries of destination – WHY ? Inadequate control mechanisms Inadequate control mechanisms Indiscriminate access to social benefits Indiscriminate access to social benefits No alternative legal migration (points-based) system No alternative legal migration (points-based) system Problem: Changes require radical new look at Migration Management Problem: Changes require radical new look at Migration Management

6. Who’s to “blame” ? The countries of origin – WHY ? Lack of care for certain groups within society (push factors) Poor investment climate (corruption) Problem: 1. Some push factors beyond control (earthquakes..) 2. Nobody “enforces” human rights or social justice

7. Who’s to “blame” ? The migrants – WHY ? For leaving? – No For leaving? – No For not understanding the concept of asylum ? - No For not understanding the concept of asylum ? - No For using smugglers? – No For using smugglers? – No For fraud and cheating? – Yes For fraud and cheating? – Yes For having criminal intentions?- Yes For having criminal intentions?- Yes Problem: So far the rules apply too indiscriminately

8. What to do against smugglers? Interception (e.g. ALOs) Interception (e.g. ALOs) Criminalization through effective investigation and prosecution Criminalization through effective investigation and prosecution Lower demand Lower demand

9. How to control who enters and who stays in your country? Increase controls Increase controls Change the rules for access to social benefits Change the rules for access to social benefits Facilitate migration which benefits migrants and their host society (work and taxes) Facilitate migration which benefits migrants and their host society (work and taxes)

10. What can countries of origin do? Study who is leaving and how it affects the country Study who is leaving and how it affects the country Investigate who organizes illegal migration Investigate who organizes illegal migration Inform about dangers of illegal migration and legal alternatives Inform about dangers of illegal migration and legal alternatives

11. MANAGING MIGRATION IS ABOUT BALANCING NECESSARY CONTROLS WITH DESIRED FACILITATED MIGRATION

12. Minimum standards on THE RECEPTION OF APPLICANTS FOR ASYLUM in EU Member States Date of entry into force 06.02.2003 Final date for implementation in the Member States 06.02.2005

13. Objective: To set out minimum standards of reception conditions for applicants for asylum in order to ensure them a dignified standard of living; to afford them comparable living conditions in all Member States and to limit secondary movements.

14. Member States must guarantee: - Certain material reception conditions, in particular accommodation, food, clothing in kind or in the form of a financial allowance. Allowances must be such to prevent the applicant from becoming destitute; - Family unity; - Medical and psychological care; - Access to the education system for minor children and language courses to enable them to attend ordinary school.

15. Reduction or withdrawal of reception conditions Reduction or withdrawal of reception conditions Member States can reduce or withdraw reception conditions provided for in the proposal if the applicant: - Disappears without reasonable cause, or does not comply with requests for information or fails to appear for personal interviews concerning the asylum procedure; - Has withdrawn his application; - Has unduly benefited from material reception conditions; - Presents a threat to national security or is suspected of having committed a war crime or a crime against humanity.

16. DETENTION IS AN ADMINISTRIATIVE NOT A PENAL MEASURE WHICH HAS TWO DIFFERENT LEGAL AND PRACTICAL BASES: 1. DETENTION PENDING FORCED OR VOLUNTARY RETURN 2. DETENTION OF ASYLUM SEEKERS TO FACILITATE SPEEDY PROCESSING OF ASYLUM CLAIMS. NOTE: NEGATIVE DECISIONS ALSO RESULT IN RETURN.

17. 1. Identification of asylum-seekers and irregular immigrants Asylum-seekers often arrive with incomplete identification papers. Asylum-seekers can apply several times for asylum; the still not functioning EURODAC shows that 7% of asylum applications made in more than one country. Detention is justified in order to identify the persons. General justifications of detention in Europe 1. Identification of asylum-seekers and irregular immigrants Asylum-seekers often arrive with incomplete identification papers. Asylum-seekers can apply several times for asylum; the still not functioning EURODAC shows that 7% of asylum applications made in more than one country. Detention is justified in order to identify the persons.

18. 2. Medical screening Detention is often justified for reasons of medical screening. Asylum-seekers might bring contagious diseases to the country. Thus detention is regarded partly as a protective measure (health of the resident population).

19. 3. Screening asylum-seekers and irregular immigrants against the background of international terrorism After 11 September 2001, the EU Member States looked at reinforced security safeguards to prevent terrorists from gaining admission to their territory through different channels. Thus officials regard detention also as a way of keeping a person in custody while being screened to make sure that the person is not a (potential) terrorist.

20. 4. Facilitation of processing asylum claims As regards detained asylum-seekers, officials stress that detention facilitates the processing of asylum claims: public authorities are able to get more easily in touch with the asylum applicants when they are kept at a place they cannot leave. So detention is also seen to be a contribution to speedy processing.

21. RECEPTION AND DETENTION ONLY MAKE SENSE IF THEY CAN BE FOLLOWED-UP WITH RETURNS

22. IOM’s Role 1. IOM does not take a ‘normative’ position against closed centres. They are common elements in the migration management systems in most countries, including those of the EU. 2. IOM assists governments in building their capacity to operate such centres in a manner consistent with common international standards, but does not directly engage in government functions such as building or operating such centres. IOM assists governments in providing additional humanitarian services to reception centre populations, whether in closed or open facilities, including health services, migration information services and other services. 3. IOM also continues to promote and directly assist with the provision of less restrictive options, including assisted voluntary return, open service/reception centres, and centres for special support to vulnerable migrants. 4. IOM does not become operationally involved in deportations and forced removals. IOM’s Role 1. IOM does not take a ‘normative’ position against closed centres. They are common elements in the migration management systems in most countries, including those of the EU. 2. IOM assists governments in building their capacity to operate such centres in a manner consistent with common international standards, but does not directly engage in government functions such as building or operating such centres. IOM assists governments in providing additional humanitarian services to reception centre populations, whether in closed or open facilities, including health services, migration information services and other services. 3. IOM also continues to promote and directly assist with the provision of less restrictive options, including assisted voluntary return, open service/reception centres, and centres for special support to vulnerable migrants. 4. IOM does not become operationally involved in deportations and forced removals.

23. INFORMATION WORK AHEAD MIGRANTS MUST BE INFORMED ABOUT THE REQUIREMENTS, CONDITIONS AND CONSEQUENCES OF THE ASYLUM (ADJUDICATION) PROCESS. MIGRANTS MUST BE INFORMED ABOUT THEIR RIGHTS AND DUTIES. INFORMATION WORK AHEAD MIGRANTS MUST BE INFORMED ABOUT THE REQUIREMENTS, CONDITIONS AND CONSEQUENCES OF THE ASYLUM (ADJUDICATION) PROCESS. MIGRANTS MUST BE INFORMED ABOUT THEIR RIGHTS AND DUTIES.