locking up the detention centre 1. what i’ll talk about how jrs views alternatives to detention...
TRANSCRIPT
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Locking up the detention
centreAlternatives to detention in Europe
By: Philip Amaral, JRS Europe
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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?
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First, a question:
What elements make for a good alternative to detention?
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What elements do you think make for a good
ATD?
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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
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How do you define ATDs?
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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.
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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
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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.
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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?
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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
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Another question:
What are your organisational views on ATDs in Europe?
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Organisational views on ATDs in
Europe
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There are a range of views on ATDs in
Europe.
None of them are wrong.
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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.
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We need to work together on ATDs, right
now.
Why the hurry?
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The ATD
‘window of
opportunity’
• Reception Conditions Directive
• The Dublin III Regulation
• The Return Directive
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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”
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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
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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.
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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
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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