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].
UN Member States Adopt Modalities for Global Migration and Refugee Compacts
In September 2016, the United Nations General Assembly adopted resolution 71/1, the New York Declaration for Refugees and Migrants, which called for a preparatory process consisting of global, regional, and thematic consultation leading to intergovernmental negotiations in 2018 on two Global Compacts, on refugees and migrants.
Global Compact for Safe, Orderly and Regular Migration
The preparatory process for the Global Compact on Migration is now underway, with the President of the General Assembly organizing a series of informal thematic discussions between April 2017 and November 2017, as well as four days of informal interactive multi-stakeholder hearings between April 2017 and June 2018, in accordance with the organizational arrangements adopted by the UN General Assembly.
An informational note about the preparatory process is available here.
A process for non-ECOSOC accredited organizations to apply for special accreditation to the consultative process for the Global Compact on Migration was open from 14 March - 17 April 2017. This process is now closed and a list of approved organisations is available here.
The registration process for ECOSOC accredited organisations is ongoing, and is available here.
For more information on the Global Compact for Safe, Orderly and Regular Migration, please visit the main Global Compact webpage: https://refugeesmigrants.un.org/migration-compact
If you are interested in contributing to this Global Compact process or would like further information, please contact IDC Advocacy Coordinator Ben Lewis at [email protected].
Global Compact on Refugees
The preparatory process for the Global Compact on Refugees will informally begin with the UNHCR Annual Consultations with NGOs, which are dedicated in 2017 to the theme “From global responsibility to local action – implementing the comprehensive refugee response framework”.
For more information on the Global Compact on Refugees, please see the Concept Note prepared by UNHCR available here. UNHCR has also prepared a “Roadmap” for thematic discussions taking place in 2017, which is available here.
If you are interested in contributing to this Global Compact process or would like further information, please contact IDC Advocacy Coordinator Ben Lewis at [email protected].
Input into the Council of Europe Standards for Administrative Detention of Migrants.
The Council of Europe (CoE) is currently elaborating the first-ever set of minimum standards for the administrative detention of migrants.
According to the Terms of Reference for the Committee of Experts on Administrative Detention of Migrants (CJ-DAM), the CoE is seeking to codify existing standards regarding the minimum conditions and treatment of migrants within places of immigration detention. Based upon the model of the European Prison Rules (EPR), these new draft administrative standards are open for your comments and inputs by 30 June 2017.
Comments, in English or French, on the draft codifying instrument can be sent to the CoE Secretariat ([email protected]) by 30 June 2017 at the latest. Those who submit formal comments will also be invited to a hearing with external stakeholders, to be held in Strasbourg from 22-23 June. You may find additional information about the process and upcoming dates online here: http://www.coe.int/en/web/
The IDC would like to work with interested Members and partners before 30 June 2017 to provide qualitative inputs to the draft codifying instrument. If you are interested in contributing to the IDC submission, please contact IDC Advocacy Coordinator Ben Lewis at [email protected].
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]
Spotlight on the 34th Session of the UN Human Rights Council
Written by Paloma Varela as part of her internship with the International Detention Coalition
GENEVA, CH (27 February - 24 March 2017) – It was another busy session with a focus on ending arbitrary immigration detention, and promoting more effective and humane alternatives to immigration detention at the 34th Regular Session of the UN Human Rights Council, held in Geneva, Switzerland from 27 February- 24 March 2017.
The UN Human Rights Council is an inter-governmental body within the United Nations that consists of 47 member States responsible for the advancement and protection of human rights worldwide.
Photo: UN Human Rights Council by OHCHR
The ceremony for the 34th Human Rights Council commenced with an opening speech from the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein. His speech drew on historical elements and the key purpose of founding the Human Rights Council. Zeid Ra’ad Al Hussein stated that,
“. . . We, the peoples of the United Nations vowed ‘to reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equal rights of men and women and of nations large and small.’ This commitment was made immediately after the determination ‘to save succeeding generations from the scourge of war’ – before all other language devoted to peace and security; before all language devoted to development”.
Mr. Ra’ad Al Hussein highlighted the annual report and updated the Human Rights Council of details and information regarding human rights situations of deep concern around the world.
The key theme highlighted the importance of human rights for all minority communities, and to reaffirm the values and ‘dignity and worth of every human being’ worldwide.
On Thursday, 2nd March 2017, the Human Rights Council held a clustered interactive dialogue with Dr. Nils Melzer, the newly-appointed UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. The focus of the dialogue was to reaffirm the universal prohibition of all forms of torture and other forms of “cruel, inhuman and degrading treatment” and to improve the current situation of human rights defenders. During the interactive dialogue, Dr. Melzer indicated that his first thematic report focused specifically on torture and ill-treatment in the context of migration control, including the obligation of States to end all forms of torture and provide alternatives to detention for migrants. For more information on this interactive dialogue, please find the link here.
On Tuesday, 6th March 2017, the annual full-day meeting on the Rights of the Child was held, focusing on “Protection of the Rights of the Child in the Implementation of the 2030 Agenda for Sustainable Development”. This built upon the previous work from the December 2016 meeting which highlighted that:
“. . . [children are disproportionately] subject to violence and multiple further rights violations, and migration linked to conflict and humanitarian crises worldwide places children and their families on a precipice, with children potentially facing separation from their caregivers, economic insecurity, marginalization and discrimination.”
The panel discussions featured contributions from, among others, Mr. Benyam Dawit Mezmur, Chairperson, Committee on the Rights of the Child and Ms. Marta Santos Pais, Special Representative of the Secretary-General on Violence Against Children, who highlighted the continued relevance of working toward the Sustainable Development Goals (SDGs).
“. . . Surrounded by violence and hardship, children feel ready to embark on a perilous journey of uncertainty and confront serious risks in the hope of finding a place of safety and security. Yet, more often than not these children fail to benefit from the protection they are entitled to. They can even be perceived as intruders rather than victims at risk as they cross borders in the search of a safe destination. It is imperative and urgent to transform the continuum of violence that shapes their life into a continuum of protection of their fundamental rights!”
Photo: Marta Santos Pais by United Nation Sustainable Development
On Wednesday, 8th March 2017, the IDC co-sponsored a side event regarding the effective implementation of the UN Global Study on Children Deprived of Liberty.
The panelists included:
- Manfred Nowak, Independent Expert leading the Global Study on Children Deprived of Liberty
- Marta Santos Pais, Special Representative to the Secretary General on Violence Against Children
- Leila Zerrougui, Special Representative of the Secretary General for Children and Armed Conflict
- Ben Lewis, Advocacy Coordinator of the International Detention Coalition, and member of the Advisory Board to the Global Study
- Benoît van Keirsbilck, past President of Defence for Children International, co-convener of the NGO Panel for the Global Study on Children Deprived of Liberty, and member of the Advisory Board to the Global Study
The side event emphasized the need for civil involvement and innovative partnerships to accelerate future outcomes of the study, and highlighted the issue of detention of refugee and migrant children. Panelists and participants discussed the need to strengthen existing data collection systems, to implement positive alternative practices, and made concrete recommendations for States to urgently end child immigration detention as a matter of priority. For more information about the panelists and the side event, please find the link here.
On Friday, 10th March 2017 the Council held an Enhanced Interactive Dialogue (EID) on the Human Rights of Migrants in the context of mass human movement. A number of key issues were discussed, including gaps in human rights protections, the current climate of anti-immigrant xenophobia, and the rising criminalization and detention of migrants. The IDC collaborated with the Association for the Prevention of Torture, and Save the Children International to make two oral interventions during the EID.
On Friday, 17th March 2017, the Council held a debate on racial profiling and hatred in migration, commemorating the International Day for the Elimination of Racial Discrimination. The Council hold that xenophobia around the world is creating more dangerous situations for refugees and people seeking asylum who are forced into inhumane, arbitrary detainment. The debate highlighted key strategies to improve integrative measures for migrants and eliminate discrimination and fear mongering tactics against migrants. For more information on this event, please find the link here.
The 34th Regular Session of the Human Right Council concluded with the appointment of mandate holders, the election of Advisory Committee members was held, and the adoption of the session report was recounted.
The 35th Regular Session of the Human Rights Council will take place from 6 June to 23 June 2017. During the June session, a new mandate holder will be appointed to the role of UN Special Rapporteur on the human rights of migrants. The June session will also include a Panel Discussion on the human rights of unaccompanied minors and separated children (UAM).
For more information on any of the past, or future, activities of the Human Rights Council, contact IDC Advocacy Coordinator, Ben Lewis ([email protected]).
Photo: United Nations Head Office Geneva by UNOG
IDC event at 34th Human Rights Council
Written by Paloma Varela as part of her internship with the International Detention Coalition
GENEVA, CH (8 March 2017) –The 34th Human Right Councils held a side event that was co-sponsored by the IDC on the margins of the Human Rights Council regarding the effective implementation of the UN Global Study on Children Deprived of Liberty.
Photo: Palais des Nations by UNHCR
The panelists included:
- Manfred Nowak, Independent Expert leading the Global Study on Children Deprived of Liberty
- Marta Santos Pais, Special Representative to the Secretary General on Violence Against Children
- Leila Zerrougui, Special Representative of the Secretary General for Children and Armed Conflict
- Ben Lewis, Advocacy Coordinator of the International Detention Coalition, and member of the Advisory Board to the Global Study
- Benoît van Keirsbilck, past President of Defence for Children International, co-convener of the NGO Panel for the Global Study on Children Deprived of Liberty, and member of the Advisory Board to the Global Study
The side event emphasized the need for civil involvement and innovative partnerships to accelerate future outcomes of the Study, and highlighted the issue of detention of refugee and migrant children in the Study. Panelists and participants discussed the need to strengthen existing data collection systems, to implement positive alternative practices, and made concrete recommendations for States to urgently end child immigration detention as a matter of priority. For more information about the panelists and the side event, please find the link here.
UNHCR Expands Focus Countries for “Global Strategy - Beyond Detention”
Since June 2014 the UN Refugee Agency (UNHCR) has been working towards a five-year “Global Strategy – Beyond Detention” (2014-2019), which aims to support States to end the use of detention for asylum-seekers and refugees by supporting the implementation of alternatives to immigration detention (“alternatives”) and with a special focus on protecting children.
The Global Strategy started with 12 focus countries that have developed progress reports and targeted national action plans together with NGOs and other stakeholders working on immigration detention issues at the national level. These countries include: Canada, Hungary, Indonesia, Israel, Lithuania, Malaysia, Malta, Mexico, Thailand, the United Kingdom, the United States and Zambia.
Building on the success of the Global Strategy over the past two years, UNHCR announced in December 2016 at the occasion of the High Commissioner Dialogue on Protection “Children on the Move” that the Strategy will be expanded to a further seven focus countries. These new focus countries include: Belgium, Botswana, Bulgaria, Czech Republic, Macedonia, South Africa and Zimbabwe. This expansion means that the Global Strategy is now operating in 19 countries, with the hope that further countries will continue to join the Global Strategy in the remainder of the five-year plan.
The IDC continues to actively support the Global Strategy, with the IDC’s three key goals mirroring the strategic priorities identified by IDC Members in the course of our annual and strategic planning, namely:
- to end the detention of vulnerable groups, particularly children;
- to ensure that alternatives to detention are available in law and implemented in practice; and
- to ensure that conditions of detention (where detention is necessary and unavoidable) meet international standards.
Thus far, the Global Strategy – Beyond Detention has achieved a number of major developments in the expansion of alternative to detention pilots and working groups at the national level. The Global Strategy has also led to the development of a number of joint IDC / UNHCR tools, including a Tool for Identifying and Assessing Vulnerability in the decision to detain, a video on alternatives to detention for children and families, and a Practical Manual for Monitoring Immigration Detention developed in collaboration with the Association for the Prevention of Torture (APT). Specifically to the attention of Governments, UNHCR also developed at the occasion of the 2015 Toronto Roundtable on Reception and Alternatives to detention two Options Papers on alternatives to detention (one on care arrangements for children and families, the other for adults), and a few months later, a Conference Room Paper on Alternatives to detention.
In January 2017, UNHCR also published its position regarding the detention of refugee and migrant children in the migration context, clarifying the position of 2012 Detention Guidelines 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. It further confirms that, in all cases, appropriate care arrangements and community-based programmes need to be in place to ensure adequate reception of children and their families.
The IDC welcomes these seven new focus countries to the Global Strategy – Beyond Detention, and looks forward to continuing to work closely with our UNHCR and government partners to achieve the Global Strategy’s three key goals.
To learn more about the Global Strategy – Beyond Detention, including to become involved in your country’s national working group, please contact Marie Huberlant, Global Strategy Specialist ([email protected]), or UNHCR national focal point.
Resources
Vulnerability Screening Tool
A Tool for Identifying and Assessing Vulnerability in the decision to detain.
Monitoring Immigration Detention: A Practical Guide
A Practical Manual for Monitoring Immigration Detention developed in collaboration with the Association for the Prevention of Torture (APT)
UNHCR Options Papers
UNHCR also developed at the occasion of the 2015 Toronto Roundtable on Reception and Alternatives to detention two Options Papers on alternatives to detention (one on care arrangements for children and families, the other for adults), and a few months later, a Conference Room Paper on Alternatives to detention.
Upcoming UNHCR Annual Consultations with NGOs
GENEVA, (16 June 2017) – The United Nations High Commissioner for Refugees (UNHCR) Annual Consultations with NGOs takes place annually in Geneva.
This years focus is on the Comprehensive Refugee Response Framework (CRFF).
"Explore ensuring rapid and well-supported reception and admission measures for refugees by supporting immediate and ongoing needs through adequate financial and other resources" as well using the CRRF to operationalize "the “whole-of-society” approach through operational partnerships and frameworks among State entities, international organizations, and national and international non-government organizations".
- Regional Dimensions
- CRRF Operationalization
- Partnerships
- Lessons to be learned (good practices and application of CRRF)
- From the CRRF Framework to the Global Compact of Refugees and beyond
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]).