Refugee Act Under Review in Kenya
Refugee Camp in Kenya. Photo: RCK
The Kenyan Refugees Act of 2006 is currently under review, as part of the promulgation of the Constitution of Kenya, which necessitated the review of various pieces of legislation passed prior to 2010, including the Refugee Act 2006, to ensure conformity.
Last month the debate on the refugee bill went into the 3rd reading section, receiving crucial support from various members of parliament.
Several clauses were approved in favour of refugee rights, which include:
- Access to legal aid during Refugee Status Determination (RSD) processes
- Special consideration for women and children during RSD and in durable solutions.
- Access to work permits
- Access to land for settlement Refugee Trust Fund
Many of these clauses allow for alternatives to detention to be developed, which are any legislation, policy or practice that ensures people are not detained for reasons relating to their migration status.
IDC Member the Refugee Consortium of Kenya (RCK), together with a task force chaired by the Refugee Affairs Secretariat have been working with members of parliament, specifically the Kenya Parliamentary Human Rights Caucus (KEPHRA) on the adoption of the bill.
UN Experts Seek Submissions on the Human Rights of Migrant Children
This is reposted from OHCHR, please find the original post here
CMW-CRC Joint General Comment on the Human Rights of Children in the Context of International Migration
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) and the Committee on the Rights of the Child (CRC) have started to elaborate a Joint General Comment (JGC) on the human rights of children in the context of international migration.
The joint general comment will seek to provide guidance to States parties to both Conventions on the situation of children in the context of international migration, including:
- Children that migrate with their parents who are migrant workers;
- Children that are born to parents who are migrant workers in transit and destination countries;
- Migrant children that return to their country of origin, either voluntarily or by force, alone or with their parents;
- Children left behind by their parents (or one of them) who have migrated to another country; and
- Children that migrate unaccompanied and separated from their parents (for reasons such as seeking employment, family reunification or as victims of trafficking, labour exploitation and child labour).
Following a call for submissions and the establishment of a zero draft, the Committees have decided to hold consultations to ensure that the perspectives of States, United Nations agencies and entities, civil society organizations and other stakeholders with respect to this issue are raised, discussed and reflected in the draft for further consideration by both Committees.
Documentation:
Expert and Regional Consultations:
Geneva Consultation (2 May 2017)
Madrid (4 to 5 May 2017)
Bangkok (24 to 25 May 2017)
- Concept Note Bangkok
- Background Note on Regional Conference on Children on the Move in Southeast Asia.
Berlin (12 to 13 June 2017)
Mexico City (28 to 29 June 2017)
If you are interested in contributing to this Joint General Comment on the Human Rights of Children in the Context of International Migration and would like further information, please contact IDC Advocacy Coordinator Ben Lewis at [email protected].
Promoting Alternatives to Detention in Southern Africa
IDC Members at the Alternatives to Detention Implementers Meeting in Lusaka, Zambia, May 2017
Significant steps to further develop alternatives to detention in the Southern Africa were undertaken this month.
IDC Staff visited South Africa, Zambia, Malawi and Botswana between April 24th and May 14, discussing alternatives to detention in the region.
The delegation included the Director of the IDC, Mr. Grant Mitchell, as well as Ms. Junita Calder, the Africa Regional Coordinator of the IDC and the Africa Program Officer of the IDC, Tiffany Shakespeare. The Coordinator of the Global Campaign to End Child Immigration Detention, Ms. Leeanne Torpey and Ms. Ramya Dilipkumar, Communications Intern for the IDC.
In each country, the IDC met with members, supporters, UN agencies and Governments about positive practice in the region and ways that these practices can be expanded.
The visit builds on the commitment by fifteen States across Africa to develop and implement alternatives to detention for migrants, including children, at the 2016 Migration for Southern Africa Dialogue (MIDSA). Find out more about this significant achievement in the MIDSA Dialogue here.
During the visit, the IDC highlighted the need for alternatives to detention to be considered as immigration law is being updated in South Africa. Read our press release here.
The Zambian government has already developed a National Referral Mechanism (NRM) that provides guidelines to identify vulnerable groups like refugees, victims of human trafficking and children, to ensure that they are not detained unnecessarily or for prolonged periods.
While learning more about this alternative to detention, the IDC met with partners and members, as well as the Zambian Department of Home Affairs and Immigration, the Department of Correctional Services, the National Human Rights Institute and attended a Mixed Migration Taskforce Meeting. Many government contacts expressed an interest in how case management could be utilised to strengthen alternatives to detention, with the potential for a pilot program to be developed to strengthen existing programming.
The IDC also visited several alternatives to detention in Zambia and visited migrants being held in a maximum security prison. The press release about national meetings can be found here.
Technical working group on mixed migration in Zambia
Department of Home Affairs and Immigration with Annie Lane from IOM and Grant Mitchell, IDC Director, Lusaka, Zambia
Department of Correctional Services in Kabwe, Zambia – with Annie Lane from IOM and Grant Mitchell, IDC Director
In Malawi, a government roundtable on alternatives to detention was held with UN partners, civil society organisations and the visiting delegation from the IDC. See the press release on the roundtable here. During the roundtable participants committed to a working group which will explore the development of a pilot alternative to detention program for unaccompanied minors. See the participant statement here.
In Botswana, the delegation met with government representatives and explored further partnerships with civil society.
Find out more about the situation of migrants and refugees in these countries in our recent publication Alternatives to Immigration Detention in Africa.
If you would like to find out more about our visit contact Junita Calder via [email protected] .
Grant Mitchell, Director of the International Detention Coalition highlights the opportunity that these commitments provide for the region.
“I am impressed by the considerable work that has already been undertaken by Governments to reflect on their migration policies. During my visit we shared examples of positive practice in other parts of the world to inspire policy makers, especially in countries whose law already enables the use of alternatives. This is a critical time for this work to be undertaken.”
Junita Calder, Africa and Middle East Regional Coordinator, looks forward to the UN Agency staff and their government counterparts fulfilling their MIDSA 2016 commitment to “develop and implement” alternatives to immigration detention.
“This is the time to test what works, by supporting pilots in the region to ensure that alternatives to immigration detention are implemented in a way that is effective and explores all options in each individual person’s case.”
IDC Report Launch on Alternatives in Africa
Date:
Time:
Venue:
Friday, 28th April 2017
11.00 – 13.00
Constitution Hill, Human Rights Conference Room, The Old Fort, 11 Kotze Street, Braamfontein
In celebration of Freedom Day on Thursday 27th April, the International Detention Coalition (IDC) invites you to meeting about human rights for detained refugees, asylum seekers and migrants in South Africa.
We will launch the IDC’s new report on “Alternatives to Immigration Detention in Africa” which is part of an exciting new series that maps legislation, policies and practices related to immigration detention (including child detention) and alternatives that governments in South Africa, Zambia, Tanzania, Kenya, Libya and Egypt are pursuing.
At a time when the rights of non-nationals are at risk due to changes outlined in the government’s new White Paper on International Migration, this is an important chance to talk to our South African member NGOs such as Lawyers for Human Rights (LHR), Consortium for Refugees and Migrants in South Africa (CoRMSA), Jesuit Refugee Service South Africa (JRS-SA), the Ethiopian Community in South Africa (ECSA) and other community groups.
The IDC is a network of over 300 civil society organisations and individuals in more than 70 countries that advocate for, research and provide direct services to refugees, asylum seekers and migrants affected by immigration detention. Come and hear about the IDC’s ten year programme of research that identifies more humane, effective and affordable alternatives to immigration detention.
Refreshments will be served.
Please RSVP to Tiffany Shakespeare ([email protected])
Urgent Need to Maintain Alternatives to Detention in Uganda
Rather than investing in harmful, expensive immigration detention, the Government of Uganda have an alternative to detention in place for people seeking asylum.
They provide people with the right to work, freedom of movement, access to health and education services and the right to live in settlement zones, where they are allocated plots of land and given materials to build a home.
Economic benefits
It’s an approach that has paid off, literally, by positively impacting Uganda’s economy. A recent study conducted by the United Nations World Food Programme (WFP) found that “when WFP provided cash assistance, each dollar increased real income in and around the settlements by an additional US$1 and US$1.50.”
However the Government of Uganda and UNHCR, who facilitate the program, have recently called for urgent financial support as large numbers of people from South Sudan enter the country. They currently host more than 800,000 South Sudanese refugees who have fled conflict, violence, severe drought, a lack of employment opportunities and a scarcity of resources.
Apollo Kazungu, a Ugandan commissioner in charge of refugees has said “...allocating them plots (of land) may not be possible if they continue to arrive daily due to violence. We are now building dormitories for them.” Last year, the government raised only one third of the funds needed to support new refugees, limiting their capacity to provide refugees with adequate food rations, health and educational services, and sufficient clean water.
Working towards sustainability
A report by Refugees International states that Uganda’s refugee response “cannot be sustained without continued commitment and investment, particularly by donor governments … [and] any reduction in aid would be devastating for vulnerable refugee families.”
Uganda is on the list of the world’s “least developed economies” compiled by the United Nations Committee for Development Policy, and has been on that list since 1971. They rely significantly on foreign aid - which is reducing worldwide. The Trump Administration has proposed $10.1b cuts to foreign aid.
Possibility for expansion
Research conducted by the IDC indicates that alternatives to detention are significantly less expensive than harsh, restrictive policies that rely on immigration detention. The Africa Regional Coordinator, Junita Calder, says that her organisation joins the call from many in the international community.
“This progressive programme has so many positive impacts - it is far more cost effective than immigration detention and more sustainable than encampment. It has enormous potential even beyond the asylum seeking population to support people in need, and develop Uganda’s economy” says Ms. Calder.
The IDC has highlighted Uganda’s programme for refugees as one of hundreds of examples worldwide of positive practice.
The Ugandan Prime Minister, Ruhakana Rugunda, said the country will continue to welcome vulnerable refugees. However more support from the international community is urgently needed.
Save the Date : IDC Annual Member Meeting June 16
Members at the IDC Annual Member Meeting 2016
Our annual member meeting will be held at the International Conference Centre in Geneva on June 16 from 4.30 - 6.30 pm.
The meeting provides an excellent opportunity for members to share information and insight across the network. We will discuss four thematic areas which will help shape the work of the IDC in the year ahead.
This years meeting will be in the same building - and directly after - the annual UNHCR NGO Consultations.
All Members of the IDC are encouraged to fill out the short survey, available at the button below, by June 1 to inform the planing session.
Responses from the survey will be shared among IDC Members.
For those members who are unable to attend in person, a livestream of the member meeting will be available.
For more details, please contact [email protected]
IDC Southern Africa Visit Promotes Alternatives
IDC Members at the Member Meeting in Africa, 2015, Nairobi
A delegation of IDC Staff will be visiting South Africa, Zambia, Malawi and Botswana between April 24th and May 14 to discuss alternatives to detention.
In each country, the IDC will be meeting with members, supporters, UN agencies and Governments about positive practice in the region and ways that these practices can be expanded.
Last year, fifteen States across Africa committed to developing and implementing alternatives to detention for migrants, including children, at the 2016 Migration for Southern Africa Dialogue (MIDSA). Find out more about this significant achievement in the MIDSA Dialogue here.
All of the countries which the delegation will be visiting have committed to develop alternatives as a solution to end child detention through the MIDSA process, and this will be the focus of discussions.
Zambia, South Africa and Botswana are also “focus countries” in the UN Refugee Agency’s Beyond Detention Strategy, which assists governments to tackle this important issue in partnership with civil society organizations. Find out more about this strategy here.
Several of these countries are also listed in our recent publication Alternatives to Immigration Detention in Africa, which collates the survey results from IDC members across six countries in the region.
All of the countries being visited also committed to work towards ending child detention in the New York Declaration, which was signed in September of last year. The commitments will be implemented via the global compacts, developing guidelines on the treatment of migrants in vulnerable situations to achieve a more equitable sharing of the burden and responsibility for hosting and supporting the world’s refugees.
Below we have listed the members of the delegation. For any questions or ideas contact Junita: mailto:jcalder@
Grant Mitchell, Director of the International Detention Coalition highlights the opportunity that these commitments provide for the region.
“I am impressed by the considerable work that has already been undertaken by Governments to reflect on their migration policies. During my visit I will share examples of positive practice in other parts of the world to inspire policy makers, especially in countries whose law already enables the use of alternatives. This is a critical time for this work to be undertaken.”
Junita Calder, Africa and Middle East Regional Coordinator, hopes the visits will support UN Agency staff and their government counterparts to fulfil their MIDSA 2016 commitment to “develop and implement” alternatives to immigration detention.
“This is the time to test what works, by supporting pilots in the region to ensure that alternatives to immigration detention are implement in a way that is effective and explores all options in the individual case.”
Leeanne Torpey, who coordinates the Global Campaign to End Immigration Detention of Children will meet with campaigners in each of these countries to develop targeting strategies to complement broader advocacy work that is being undertaken in the region.
“It’s time to remind African leaders of their promises to never detain children, regardless of their migration status. Alternatives are more affordable, effective and humane – and the right approach for children, especially.”
Tiffany Shakespeare, Africa Programme Officer, says the thing she is most looking forward to about the IDC team coming to Southern Africa is:
“being a part of ensuring that the same freedom Southern Africans enjoy is available to the many asylum seekers and migrants who travel to seek protection and ensure their family’s survival within the region”.
Ramya Dilipkumar, currently completing an Internship with the IDC, and has been supporting the media and communications for the Africa team.
“I’m looking forward to meeting IDC members who run Alternatives every day; working to support migrants who live successfully outside immigration detention. It has been a real eye-opener to me, to see that migration governance is possible with out using harmful immigration detention.”
How to Get Involved In the UN Global Study on Children Deprived of Liberty
Around the world, an unknown number of children are deprived of their liberty every year. Such detention often occurs in squalid conditions, without adequate oversight and regulation, negatively impacting children’s mental and physical development. Despite evidence that deprivation of liberty is both costly and harmful, there is an acute lack of comprehensive, disaggregated data and qualitative research on child detention, leaving States without a clear indication of the scope of the problem or adequate information on alternatives to detention that may be more beneficial to both children and society.
What is the UN Global Study?
The UN Global Study on children deprived of liberty (“Global Study”) will collect sorely needed qualitative and quantitative data on children in detention, while also studying good practices that can shape more effective policies and practices. Previous in-depth UN studies of this caliber have proved crucial in providing an objective reference point for serious issues such as children affected by armed conflict (Machel Study, 1996) and violence against children (Pinheiro Study, 2006).
The Global Study will take into account deprivation of liberty in all its forms, including: children in conflict with the law, children confined due to physical or mental health or drug use, children living in detention with their parents, immigration detention, and children detained for their protection or for national security reasons such as during armed conflict. It will take a collaborative approach with the involvement of a range of actors, including UN agencies, States, civil society organizations, academics, and children.
Support for the UN Global Study?
In December 2014, during the 69th Session of the UN General Assembly, UN member States adopted resolution A/Res/69/167:
“To invite the Secretary-General to commission an in-depth global study on children deprived of liberty, funded through voluntary contributions and conducted in close cooperation with relevant United Nations agencies and offices . . . and in consultation with relevant stakeholders, including Member States, civil society, academia and children, and to include good practices and recommendations for action to effectively realize all relevant rights of the child . . .”
The key output of the Global Study will be an in-depth, comprehensive global report to be presented to the UN General Assembly (UNGA) at its 73rd regular session (2018).
In October 2016, the UN Secretary General appointed Manfred Nowak as Independent Expert to lead the Global Study. Mr. Nowak is a professor of international law and human rights at the University of Vienna and the Secretary-General of the European Inter-University Centre for Human Rights and Democratisation in Venice. He was previously the United Nations Special Rapporteur on Torture and a member of the United Nations Working Group on Enforced or Involuntary Disappearances.
Get Involved
There are now over 100 non-governmental organizations from around the world who support the Global Study as members of the NGO Panel. The IDC Secretariat is a member of the NGO Panel, and encourages our Members to also join the NGO Panel to lend your support to the Global Study.
The IDC is also holding a free webinar to inform our Members and partners further about the Global Study and to discuss how to best support the Independent Expert on the collection of data and good practices around ending the immigration detention of children.
UNHCR Issue Brief clarifies position on ending child immigration detention
The IDC welcomes this update on UNHCR’s position on the detention of children in the context of immigration. As a global leader in ending the immigration detention of children and families, and in promoting alternatives to immigration detention, UNHCR has long played an important role in clarifying State obligations vis-à-vis asylum seeking and refugee children, and has been a close strategic and operational partner to the IDC.
This new Issue Brief, published in January 2017, builds upon the legal guidance provided by UNHCR’s 2012 Detention Guidelines (para. 51), and clarifies that children should never be detained for immigration related purposes, irrespective of their legal/migratory status or that of their parents, and that detention is never in their best interests. The Information Note further confirms that, in all cases, appropriate care arrangements and community-based alternatives need to be in place to ensure adequate reception of children and their families.
The rationale behind this clarification lies in the need to pair the policy in the 2012 Detention Guidelines with the evolution of the position of the UN Human Rights Mechanisms over the past few years, supported by a strong advocacy position from civil society organisations, in relation to the non-application of Art. 37(b) of the UN Convention on the Rights of the Child (CRC) to the detention of children in the context of immigration and border controls.
The Issue Brief also re-confirms public statements made by both the former and current High Commissioners for Refugees. In 2014, at the 25th Anniversary commemoration of the Convention on the Rights of the Child, then High Commissioner and current United Nations Secretary General, Mr. António Guterres, stated “the practice of putting children in immigration detention is in violation of the CRC in many respects and it should be stopped”. Similarly, at the ninth annual High Commissioner’s Dialogue on Protection Challenges in 2016, the current High Commissioner for Refugees, Filippo Grandi, when addressing how to better protect children on the move, stated:
“Children on the move are first and foremost children, and should be treated as such. They need love, care and schooling. They should be able to express their views freely and be listened to. Detention centres are no place for a child – immigration detention of children must stop.”
The Issue Brief is now available on Refworld and on UNHCR’s Detention page:
- UN High Commissioner for Refugees (UNHCR), UNHCR's position regarding thedetention of refugee and migrant children in the migration context, January 2017, available at: http://www.refworld.org/docid/5885c2434.html
- UNHCR’s Global Strategy - BeyondDetention: http://www.unhcr.org/detention.html
To learn more about this new UNHCR Issue Brief, please contact Ariel Riva, Legal Officer, Protection Policy and Legal Advice, Division of International Protection ([email protected]).
IDC Africa Mapping Report Coming Soon!
The IDC is very pleased to announce that our “African Alternatives to Immigration Detention Mapping" report will be published in early 2017.
The Mapping contains examples of Alternatives from six African countries, including constitutional provisions that set up a presumption against immigration detention; as well as both formal or informal work and education opportunities for migrants at risk of the same. As our IDC Africa members have said, though the situation of migration throughout Africa can be “mixed and complicated…it's a pleasure to work and collaborate in order to enhance human rights and save the lives of immigrants.” It is our hope that by collating and presenting Region-specific examples of alternatives, other civil society and government actors will be inspired to join us in piloting meaningful alternatives and legislation change.
Work has already begun on the second round of the Mapping with more IDC Members, partners and government collaborators coming on board to expand the number of countries and variety of Alternatives captured in 2017. If you or anyone you know has knowledge of programmes that allow refugees and migrants to live and support themselves in community, outside detention centres, in Africa, please put them in touch with IDC Regional Coordinator for Africa, Junita Calder who can be reached via email at [email protected]