Nuevo curso en línea sobre alternativas

¡AHORA EN ESPAÑOL!

Presentamos el curso completo sobre las Alternativas a la Detención Migratoria

El curso es parte del Kit de Herramientas en línea de IDC, que presenta las experiencias de las y los miembros de la Coalición trabajando para promover las alternativas a la detención migratoria.

El curso incluye 7 Módulos, y cada uno cuenta con un estudio de caso, así como herramientas y materiales que se puede descargar. Se tarda alrededor de 15 minutos para finalizar cada módulo y se puede completar el curso en su propio tiempo.

El curso incluye módulos sobre:

El Modelo CAP

Conozca el Modelo de Evaluación y Colocación Comunitaria (el Modelo CAP, por sus siglas en inglés), y cómo puede formar parte de una estrategia para limitar el uso de la detención migratoria.

La Gestión de Casos

Aprenda sobre la gestión de casos, que es un componente clave para asegurar que las alternativas sean eficaces. Este Módulo incluye un estudio de caso de México.

Extra: Alternativas para Niñas, Niños y Adolescentes 

Este Módulo extra es un avance del próximo curso: ¡Alto a la Detención de Niñ@s Migrantes! Incluye ejemplos de prácticas positivas de Costa Rica, Indonesia, México, Zambia y más.

¡Gracias por este curso en línea, me gustó mucho! Me encantaría que mis colegas lo tomaran. Considero que se podría ahorrar mucho tiempo de talleres con estos materiales accesibles en línea. Es un muy buen ejemplo a seguir.

-Lars Stenger, Servicio Jesuita a Refugiados Indonesia, Miembro de IDC


CONSULTA: El derecho a la libertad

El Comité sobre Trabajadores Migrantes de la ONU invita a actores interesados a enviar insumos para la Observación General No. 5 sobre el derecho a la libertad personal de las personas migrantes.

 

QUÉ: El Comité de protección de los derechos de todos los trabajadores migratorios y de sus familiares de las Naciones Unidas decidió elaborar una nueva observación general (No. 5) sobre la libertad personal de los migrantes y su protección en contra de la detención. Es una oportunidad crítica para aportar información sobre la problemática de la detención por motivos migratorios y el derecho a la libertad personal.  El Comité invita todos los actores interesados a aportar información sobre esta iniciativa a través de un cuestionario, antes del 1 de abril de 2019. La nota conceptual y el cuestionario están disponibles en español e inglés AQUÍ. El cuestionario incluye preguntas específicas sobre el uso de la detención migratoria y sus alternativas.

 

CÓMO: Los insumos deben ser enviados de forma electrónica, en formato Word, al email [email protected] con el asunto “Información para la Observación General sobre el Derecho a la Libertad Personal de los Migrantes”. La extensión de las aportaciones no podrá ser mayor a diez páginas. Las contribuciones escritas no serán traducidas y deberán, preferentemente, ser enviadas en inglés. Aportaciones en Francés y Español también serán aceptadas. Todos los documentos recibidos se publicarán en la página web del Comité, a menos que se solicite explícitamente lo contrario.

 

Cualquier pregunta o consulta debe ser dirigida al Secretario del Comité Sr. Luc Mubiala: [email protected]

Si desea explorar la posibilidad de contactarse con otros miembros y aliados de IDC de su país o región para coordinar sus respuestas al cuestionario, favor de escribir a: [email protected]org


Interview: Silvia Gómez on the Global Compact

The Global Compact on Migration was signed last week in Marrakech by 164 States, after 18 months of negotiation.  It is a non-binding document, but it aims to set the framework for how States will cooperate to manage migration in the years to come.  Detention is a major focus: Objective 13 commits States to prioritising alternatives to detention and ‘working to end the practice of child detention’.  In the aftermath of the sign-off in Marrakech, IDC’s Global Advocacy Coordinator Silvia Gómez, who was involved in the negotiations throughout, discusses her impressions of the Compact process and what happens next.

 

Jerome Phelps, IDC Director & Silvia Gómez, IDC Advocacy Coordinator

 

Why did you decide that IDC should prioritise working on the Compact?

It was clear from the beginning that the Compact was going to be a key process linking global migration policy discussions to what happens on the ground at the national level.  We needed to be there, influencing the process, because that process was going to shape the next decades of migration work at the global level.

But a year ago, no one knew what the process would be or what would come out of it.  There was no chance to understand what was going to happen! But I had a gut feeling that we needed to see what this was creating.  We didn’t know at first that there would be such a focus on detention, that it would have an objective of its own.

In the end though, it will only be important if it leads to change on the ground, and less detention.

 

What was your involvement in the negotiations?

I went to New York for five out of six rounds of the negotiations.  I’d never been to New York before, so I stayed in an AirBnb in a different part of the city every time, to get to know the city.  Until the last two times I stayed in Brooklyn and took the ferry every morning.

Our strategy was to have bilaterals with delegations, developing relationships with them.  They are the State representatives negotiating the Compact, so we needed to engage with them so we could get the best possible language. Civil society and UN agencies were there to support the process, but at the end of the day it was States negotiating.  

Our proposal was to give the text a solutions-based approach, consistent with the nature of the Compact.  So we focused it on alternatives and using alternatives to end child detention.

The idea was to map the different positions to understand how to influence the States to get the best language. It was clear early that the only language at risk in Objective 13 was the child detention language.  The language of the first draft was very strong, it was about ending the detention of children, which was immediately contested by many delegations, mostly European and Western. So the goal was to find a compromise that would be okay for all sides of the negotiations. Which meant having relationships with different groups of States, both the supportive ones and the ones who were opposing. We had to build relationships with them, have informal conversations, understand the way that these negotiations work at the global level, and get ourselves into those spaces. The conversations were never about disagreeing but about finding compromise – they are negotiating, they need to find a compromise too.

I had a conversation with one northern European delegation which strongly opposed the language on ending child detention.  We had an early evening meeting with them, they invited us for wine, it was a relaxed atmosphere. It took us a minute to agree to disagree on the basic principles of non-detention of children, we acknowledged that and talked negotiation. We had been working on language that we could offer to different States if the strong language in the first draft was not going to be accepted.  We discussed with them our proposed language, whether it addressed their concerns. They eventually moved out of a blocking position and did eventually sign the Compact.

 

What do you think of the language of the final text?

The final language was a diplomatic compromise – ‘working to end’ child immigration detention.  It was a struggle to get that one degree more of commitment than the New York Declaration, which the Compacts are building on.  Taking into account the political context, it was a big win. The language is strong enough to be consistent with the international human rights framework, while addressing States’ concerns.

 

What happens next? Will this be just another document on the shelves in Geneva?

Implementation of the Compact will be at the national level.  The Compact is a global process, but it’s about national work.  Otherwise it’s just one more document discussed in Geneva and New York.  It is encouraging to see that all actors, with different degrees of commitment, see it as about national plans and actions.  

The tricky thing is how to make that happen.  One of the big added values we as IDC can offer is that we are a network, we can mobilise our members on the ground and our regional offices on the implementation of Objective 13 around development of alternatives to detention.  What we are doing now is engaging with States at national and global level to support them to develop different actions to implement Objective 13.

We need to capitalise on the potential of the Compact as a global process which aims to bring change on the ground.  The Compact opens spaces for States to share and support each other in the process of developing national level solutions.  We are not only supporting national level actions plans and actions, helping States frame work on alternatives as implementing the Compact, but also facilitating the development of space at the global level, where States can come together to share what they are doing, to learn from each other, to discuss the challenges that they are facing.  Supported of course by civil society and UN agencies at the national and global level.

 

Is the Compact going to be important, if it’s not binding on States?

What the Compact is doing is creating a tool for States to be able to manage migration.  There was never going to be a binding document on migration, particularly in the current political context.  The potential of the Compact is in establishing a framework for cooperation and collaboration that states can use if they want to address migration challenges.  That framework, and the spaces where states can cooperate and talk to each other about migration governance, can be valuable. In terms of detention, it is repeating international human rights standards which are binding already, with or without the Compact.  The point is bringing together standards and encouraging States to implement them.

The negotiations went on for half a year.  During that period, once or twice a month, 192 states would come together in the same room to discuss migration. States were learning from each other and better understanding the processes, by taking a solutions-based and multilateral approach.  If we can repeat that during the implementation phase, the results could be important. Whereas the intergovernmental conference this week was not about that, it was back to a series of speeches. But now we are entering a new phase. The Compact is opening a long-term process.  With all its problems, it is a big success that now there is a text that addresses migration as a whole, which we can use to work with States to actually reduce detention. 


Adopting Alternatives: An Opportunity for Africa

A key forum in Africa highlights a significant opportunity in Africa.

The IDC, invited by the Africa Commission for Human and Peoples Rights (ACHPR) Committee for the Prevention of Torture in Africa (CPTA) and the Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants, joined a panel discussion on the Situation of Migrants at Risk of Torture and other Ill-treatment in Africa: Alternative Approaches during the 63rd Ordinary Session of the African Commission.

 

"State representatives and the Commission members expressed a real interest in solutions..." Dr. Mandlate at ACHPR 63

 

Dr. Aquinaldo Mandlate from IDC member organisation Southern African Litigation Centre (SALC) represented the IDC. He spoke alongside Commissioner Hatem Essaiem (Chairperson of the CPTA); Commissioner Maya Sahli-Fadel (Special Rapporteur); Judge Malick Sow (Member of CPTA); and Mr Mamina Jallow (Member of the Gambian Returnees from Backway Association).

The Panel drew attention to the situation of migrants in Africa. Judge Sow, Commissioners Essaiem and Sahli-Fadel highlighted the risk of torture and other ill-treatment of migrants during their journeys, especially in detention; also pointing out the duties of States to prevent such abuse under the Guidelines and Measures for the Prohibition and Prevention of Torture, Cruel, Inhuman or Degrading Treatment or Punishment in Africa (the Robben Island Guidelines). Mr Jallow then humanised the discussions by poignantly sharing his own experience of abuse, extortion and ill treatment while travelling from The Gambia across Mali, Mauritania, Burkina Faso, Niger and Libya, in the hope of reaching Europe.

Dr. Mandlate outlined solutions to the problem. He presented “Alternatives to detention” as a strategy that Governments, along with civil society, can pursue in order to implement more humane, effective and affordable migration management systems.

He described some examples of alternatives currently in operation across the African region. Others can be explored in the IDC’s “There are Alternatives: Africa” report, launched earlier this year.

IDC member Aquinaldo Mandlate speaking on the Panel.  Photo Acknowledgement, ACHPR.

Questions and comments were raised by representatives from the Arab Republic of Egypt; the National Preventive Mechanism (NPM) of the Islamic Republic of Mauritania; the National Human Rights Commission of the Republic of Rwanda; Prisoners Rehabilitation and Welfare Action (PRAWA); Advoc Aid Sierra Leone; Equality Now – Solidarity for African Women’s Rights (SOAWR) Coalition; and la ligue marocaine pour les droits de l’homme. The discussions touched on three pressing issues that African governments should address in order to increase the safety of migrants and ensure Alternatives:

  1. The lack of both socio-economic opportunities in their countries and legitimate migration pathways which is  pushing people to embark on dangerous journeys
  2. The military crises and conflicts fueling insecurity and forcing people to flee
  3. Corruption among relevant authorities  that leads to abuse and extortion of migrants

Commissioner Essaiem closed the panel by urging states to use Alternatives as a solution.

Dr. Mandlate noted:  “State representatives and the Commission members expressed a real interest in solutions which will prevent torture of African migrants in the future. This proves there is much space for engaging stakeholders in the development and implementation of effective Alternatives to immigration detention in Africa.”  

The IDC looks forward to finding ways to support African states in their implementation.

For further information please see the ACHPR press release on the same matter or contact the IDC Africa Regional Coordinator, Junita Calder via email: [email protected]

 


Our Work in MENA: A Year in Review

North African alternatives to detention collected in new report: “There Are Alternatives: Africa”

There Are Alternatives: Africa describes examples of “alternatives” in operation across North Africa and was launched alongside the African Commission on Human and People’s Rights (ACHPR) 62nd Session in Mauritania. The IDC ran a side event on alternatives to detention identified across the African continent that are more humane, less expensive and more efficient at achieving case resolution.

Commissioner Maya Sahli-Fadel, Special Rapporteur on Refugees, Asylum Seekers, Migrants, IDPs, and Stateless Persons, was one of three speakers on the Panel discussion who highlighted the importance of identifying opportunities for shared regional approaches that assist in reducing the need for unnecessary immigration detention.  Read her guide for policy makers, an introduction piece for handbook. The French translation is available, here.

See the Launch Agenda here and more information about the launch here.  

The research for the report has highlighted three key themes. Firstly, there is widespread use of Alternatives in the MENA region, the IDC looks forward to publishing further findings on this as a result of our current research project (see more about ongoing field visits below). Secondly, there is growing momentum around the development of Alternatives globally. Thirdly, there are increasing practical developments in the implementation of Alternatives that yield benefits for governments, migrants, and host communities. For example, registration and provision of work permits to migrants who find themselves in an irregular situation in Morocco and Algeria.                                      

 

African Commission on Human and Peoples’ Rights (ACHPR) 62nd Session, Mauritania

Junita Calder, IDC's Africa Regional Coordinator was invited by Honourable Commissioner and Special Rapporteur on the Rights of Asylum Seekers, Refugees, Migrants, Stateless Persons and IDPs Maya Sahli-Fadel to talk on the Panel “Understanding and Management of Mixed Migration in North and Sub-Saharan Africa” during the ACHPR Ordinary Session.

 

Meeting with Mauritanian NGO members

While in Nouakchott, IDC Middle East and Africa team met Mauritanian NGO members and partners to discuss how the IDC might be able to support them through combined advocacy and explored areas for future collaboration.  We were particularly impressed by the women’s vocational training centre we visited which makes freedom of movement a reality, by supporting women from west African countries to access non-exploitative employment and support their children; eventually allowing them the economic freedom to return home, if they wish to or to begin the process of integration.

 

Middle East and North Africa Research Visits

The IDC is hoping to capture some of the learning about how Middle East and North Africa (MENA) governments have managed to host large numbers of refugees and migrants since the onset of the Syrian conflict, without resorting to the widespread use of immigration detention.

The IDC undertook study visits to Egypt and Lebanon in August and September. The visits aimed to document how alternatives to detention, especially case management systems, have been explored, developed and implemented en mass.

Case management, as we understand it, goes beyond following up on an individual’s migration status determination process.  It is instead, a comprehensive and systematic service delivery approach designed to ensure support for and a coordinated approach to, the health and well being of people with complex needs and abilities.

The IDC MENA team explored what is working, what fits the local context, what doesn’t and why? The research is ongoing so if you have suggestions of alternatives that we should profile please get in touch: [email protected]

 

Next Gen Index scorecard launch in Lebanon

IDC, the Global Campaign to End Child Immigration Detention together with Insan Association launched the Lebanese “Next Gen Index” in Beirut, 4th September 2018.

The Next Gen Index is an important advocacy tool that ranks States on their progress in ending child immigration detention, and Lebanon came second last, behind the USA, with 18 points. The launch event created space for a conversation about child immigration detention, using the standard scoring framework to reflect honestly on the situation in Lebanon. Read more about the launch here and download the Lebanon report here.

 

Next Gen Index Israel

The Israel Scorecard Committee, comprised primarily of IDC member Hotline for Refugees and Migrants, completed the Next Gen Index for Israel. Their country report is available to download here.

 

Ongoing engagement in Libya: Increased capacity to offer Alternatives to Detention

Since 2015, IDC have been engaging and working with IOM and the Danish Refugee Council programmes in Libya. Working alongside these organisations, IDC has been running capacity building workshops for and providing technical advice to a range of Libyan NGO and Government staff, as well as embassy representatives based there. The workshops, training and research have inspired the design of local alternative to detention programming options.  IOM Libya has since increased staff to capacity to exclusively support alternatives to detention in Libya and IDC will continue supporting the development and piloting of host family and shelter alternative models.

 

UNHCR Global Detention Strategy

IDC attended a Global UNHCR Global Detention Strategy (GDS) internal meeting in April 2018 and met with both the Detention focal points from UNHCR Iraq and UNHCR Israel to hear insights into alternatives to detention in their national contexts. IDC MENA was then able to introduce UNHCR Iraq to the IDC Asia Pacific team and IDC Director when attending the UNHCR's Roundtable on Reception and Care Arrangements for Asylum-Seeking Children in Bangkok, Thailand 10-11 October 2018.

 

Engagement with MENA members and partners:

The IDC has engaged with around 200 MENA members and partners, with whom the IDC has shared their advocacy tools, including: IDC Online Training Toolkit; The Roadmap for States to Develop Alternatives to Detention; The Roadmap for States to End the Immigration Detention of Children; The Alternatives to Detention Database; The Global Campaign to End Immigration Detention of Children’s the Next Gen Index resources such as the Key Global Trends Report and the Global Launch WebinarAround 10 new MENA members have joined the IDC in 2018, most of whom are from Lebanon, Mauritania, and Egypt. In addition, the IDC was able to connect organisations working on similar issues, both regionally and nationally.


Seven Rohingya Children Ordered Released In Malaysia

A Malaysian court ordered for the release of seven Rohingya children detained in an immigration detention centre in Malaysia into a NGO shelter, following an application for habeas corpus to challenge their detention brought by their lawyers.

In this landmark judgment, the court recognised the viability of alternatives for children in Malaysia, and for the first time, explicitly referred to the rights of the CRC being applicable to children in immigration detention.

While the High Court judge ruled that the detention order on the children was valid as they were non-citizens who did not have the approval to enter and remain in Malaysia, the judge also noted the requirement for “appropriate protection and humanitarian assistance” as set out in Article 22 of the Convention of the Rights of the Child (CRC).

“Without need for further elaboration, this court is of the view that, continued detention of the applicants at the Belantik detention camp, has violated the children’s rights under CRC and also the Child Act 2001 that also recognises the right to protection and assistance in all situation to children regardless of race, colour, gender, language, religion and so on,” the judge said in the written decision.

The court ordered that the children be placed in a shelter that can provide for the children’s welfare, and was of the view that Chow Kit Foundation, a local shelter based in Kuala Lumpur, would be able to ensure that these benefits would be available to the children.

Each child was released with a bail of RM500 ($120). The court went on to hold that the safety and welfare of the children at the shelter should also be assured during the 'detention on them' and they should be made ‘available’ at all times needed by the authorities for any further 'action on them,' including to be present in court to answer any charges if there are such charges. Subsequently, the court made an additional order that the children would be released immediately to the care of UNHCR, as part of immigration's further action.

 

Further News Coverage: Judge Sends Seven Rohingya Children from Kedah Immigration Detention to KL Shelter


Celebrating 29 Years of the CRC

On Tuesday November 20th, the Initiative for Child Rights in the Global Compacts held an event at the Palais des Nations, “Child Rights and the Global Compacts: A Call For Action,” to commemorate 29 years of the Convention on the Rights of the Child. The Keynote Speakers were:

  • H.E. Ambassador Socorro Flores Liera of the Permanent Mission of Mexico
  • H.E. Ambassador Eunice Kigenyi of the Permanent Mission of Uganda
  • Video Message from several Syrian and Afghani girls experiencing forced migration

A panel of experts discussed and defined concrete actions and initiatives, with a multi-stakeholder approach, that will contribute to putting children’s rights at the heart of the implementation of the Global Compacts. Panelists included:

  • Philip Jaffe, Member of the UN Committee on the Rights of the Child
  • Ellen Hansen, Senior Policy Advisor to the Assistant High Commissioner for Protection
  • Michele Klein Solomon, Director, Global Compact for Migration, IOM
  • Peggy Hicks, Director of Thematic Engagement, Special Procedures & Treaty Bodies Division
  • Laurent Chapuis, Regional Advisor, Migration, UNICEF
  • Constanza Martinez, UN Representative, World Vision
  • Moderated by - Delphine Moralis, Secretary-General, Terre Des Hommes

The Global Compact on Refugees and the Global Compact on Safe, Orderly and Regular Migration were adopted the very next day.


JRS Report on the Detention of Trafficked Men

IDC partner, JRS UK, has released a report based on the experience of 13 trafficked men. The report finds that a fundamental conflict between supporting trafficking victims and immigration control meant that victims continued to be detained. The UK government often ruled people in detention were not victims despite strong evidence to the contrary, and even those acknowledged to be likely victims were sometimes still detained due to immigration factors. Convictions and instances of non-reporting that were a direct result of being trafficked and held in modern slavery were routinely used to justify continued detention.

Download Below

TOPICAL BRIEFING: Survivors of Trafficking in Immigration Detention, October 2018

 


Global NextGen Index: Key Trends

Key Trends

The Global NextGen Index


La acogida comunitaria para reducir la detención

El 5 de octubre de 2018, IDC facilitó un webinar sobre la acogida comunitaria como estrategia para reducir la detención migratoria de niños, niñas y adolescentes.

Como parte del webinar, se escucharon de iniciativas de recepción y acogida comunitaria para niños, niñas y adolescentes migrantes en México y Guatemala, incluyendo:

esfuerzos de Coordinación y Colaboración Inter-institucional, presentado por Pablo Loredo Oyervidez, Procurador de Protección de Niñas, Niños y Adolescentes de San Luis Potosí, México; y

el Modelo de Comunidad Terapéutica en el Centro de Protección Especial ‘Raíces de Amor’, presentado por Sandra Gularte, Directora de Protección Especial de El Refugio de la Niñez, de la Ciudad de Guatemala. 

Las y los participantes reflexionaron sobre estos esfuerzos y cómo forman parte de una estrategia para reducir el uso de la detención migratoria en la región de las Américas.