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Locking up the detention centre Alternatives to detention in Europe By: Philip Amaral, JRS Europe 1

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Page 1: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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Locking up the detention

centreAlternatives to detention in Europe

By: Philip Amaral, JRS Europe

Page 2: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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What I’ll talk about

• How JRS views alternatives to detention (ATD)

• A proposal for how you might think about ATDs

• What ingredients does a good ATD call for?

• Why do we European NGOs need to work on

ATDs?

Page 3: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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First, a question:

What elements make for a good alternative to detention?

Page 4: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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What elements do you think make for a good

ATD?

Page 5: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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ATDs: A recipe with many ingredients

ATDs as a means to an end, and not an end itself.

A means

to which end?

A transparent & fair outcome to a person’s

case

A dignified and humane immigration

procedure

A scenario in which detention is hardly

used…

…because gov’ts decide more often to

not detain

Page 6: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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How do you define ATDs?

Page 7: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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How does JRS define ATDs?

Any policy, practice or legislation that allows asylum

seekers and migrants to live in the community with

freedom of movement, in respect of their right to

liberty and security of person, while they undertake

to resolve their migration status and/or while

awaiting removal from the territory.

Page 8: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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Why does JRS define ATDs so

broadly?

• At critical points in a person’s immigration

procedure, we want governments to decide not to

detain. To have this, we see the need for flexibility

on deciding how not to detain.

This is the heart of our views on ATDs

Page 9: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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The heart of JRS’s view on ATDs

• ATDs are a decision, and not only an outcome.• The ATD is the point in which the state authority

faces the decision whether to detain an individual or not.

• Scenario: State authority comes into contact with an asylum seeker, or an irregular migrant, and decides:o “No, we won’t detain; the person will live independently in the

community.”o “No, we won’t detain; but the person has to check-in once a week”o “No, we won’t detain; but the person needs to be with a case

manager.”

• The starting point for any decision to not detain should be the person’s liberty & security of person; in other words, no restriction.

Page 10: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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• State authorities should be screening and

assessing each individual to determine the best

kind of ATD.

• Most cases, people can live independently.

• But there will be cases in which conditions need

to be attached. These must be a result of

rigourous screening and assessment.

Why does JRS define ATDs so

broadly?

Page 11: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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‘Good elements’ for ATDs, in JRS’s

view

• Decent living conditions

• Comprehensive support

• Regular, up-to-date,

information

• Qualified legal assistance

• Focus on all possible

outcomes

• Frontloading support

Page 12: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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Another question:

What are your organisational views on ATDs in Europe?

Page 13: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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Organisational views on ATDs in

Europe

Page 14: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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There are a range of views on ATDs in

Europe.

None of them are wrong.

Page 15: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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NGO variety is a good thing.

• We need NGOs who …o Are emboldened and strong speakingo Prefer working closely with governmentso Are close to refugees, asylum seekers and migrantso Have experience and expertise with service provisiono Know how to give legal aido Know how to do research

Just because there are different views on ATDs, doesn’t mean we can’t work together to achieve a

common goal:

To make detention so unnecessary, so hardly used that it truly becomes an exception.

To make detention extinct as a government practice.

Page 16: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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We need to work together on ATDs, right

now.

Why the hurry?

Page 17: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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The ATD

‘window of

opportunity’

• Reception Conditions Directive

• The Dublin III Regulation

• The Return Directive

Page 18: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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ATD language in EU law: strikingly similar

• “Individual assessment”

• “Individual case” / “specific case”

• “Less coercive measures”

• ATDs must “respect fundamental rights”

• “Laid down in national law”

Page 19: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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Where we as NGOs come in

Conduct a good individual assessment

NGOs have particular expertise that can be used towards governments for the following:

Identify good less coercive alternative

measures

Make sure ATDs are in law & implemented

Ensure ATDs respect fundamental rights

Screen individual and specific cases

Page 20: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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If we don’t work actively to achieve the best scenario for

ATDs, we will have missed an opportunity to reduce

detention in Europe over the next years.

Page 21: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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To work together, we’ll need different tactics.

Which ones?• Generate noise to get governments’ & publics’ attention

• Technical planning and strategy development

• Service provision methods

• Monitoring fundamental rights

• To be close to refugees, migrants, asylum seekers

• Close connections to decision makers

• Coordinators, people and organisations who can bring it

all together

Page 22: Locking up the detention centre 1. What I’ll talk about How JRS views alternatives to detention (ATD) A proposal for how you might think about ATDs What

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Let’s take the time we have to start off on this track!

Thank you for listening!

Jesuit Refugee Service [email protected]

+32 2 250 32 20