Call for Trinidad & Tobago to Use Alternatives to Detention
On the weekend of April 22, Trinidad and Tobago deported 82 Venezuelan nationals, some of whom were registered asylum seekers. There were also asylum seekers who had been held in the Immigration Detention Centre (IDC) although they had already applied for asylum and their refugee status determination interviews were pending.
The United Nations Refugee Agency (UNHCR) strongly criticised the decision and called for the country to abide by its international obligations to ensure people with possible international protection needs are given access to asylum procedures and never returned to a country where their lives may be at risk.
IDC research and other reports continue to produce evidence that immigration detention is often unnecessary and instead undermines processes to identify and ensure protection for persons fleeing violence or instability in their home countries. Detention is extremely harmful to individuals health and well-being and generally creates new obstacles to access asylum procedures, legal representation and support from NGOs. As happened in Trinidad and Tobago, detention can also lead to refoulement or unnecessary return before each individual case has been reviewed and resolved.
By contrast, alternatives to detention do better to ensure people seeking safety are identified and can access international protection procedures. The most effective alternatives to detention offer people the chance to remain in community, and provide for basic needs, legal advice and individual case management while awaiting a final outcome on their migration situation.
Such alternatives already exist in Trinidad and Tobago, including programs specifically for people seeking international protection. These alternatives include community based programs run in collaboration with local civil society organization Living Water Community (LWC). LWC provides case management and partners with UNHCR and the International Organization for Migration (IOM) to assist persons in the asylum process, from application to resettlement. They provide services or referrals for legal, psycho-social and other forms of support. Refugees and asylum-seekers are issued an “order of supervision,” which allows them to reside freely in the community with regular reporting to the Immigration Division. Such alternatives work to ensure human rights of individuals are respected while promoting compliance with authorities for effective case resolution.
Trinidad and Tobago is one of the largest refugee-receiving countries in the Caribbean. In response to the growing number of asylum-seekers in the country, the Government adopted a Refugee Policy in 2014. Although many challenges persist, the policy is a step in the right direction and articulates a phased approach to developing a comprehensive asylum system and plan of action for transitioning the responsibility of refugee status determination from UNHCR to the government.
IDC hopes that the government of Trinidad and Tobago responds positively to this important call to collaborate with international organizations and civil society to ensure alternatives to detention are made available and that the country is meeting its international obligations:
- Alternatives to detention based in the community should be strengthened and used for the majority of cases
- Detention should only be used as a last resort and completely avoided for asylum seekers, children and others in vulnerable situations
- People should be treated as asylum seekers and protected from refoulement until their claims can be assessed
- People should not be returned against their will to countries where their life or freedom would be threatened
- Detention centres should be independently monitored in partnership with civil society organisations to ensure international standards are met.
Thailand: Theory of Change Workshop
Bangkok Workshop
On 16th and 17th of May, the IDC brought together various stakeholders in Thailand to develop a national strategy for ending child immigration detention, built upon a theory of change.
Theory of change is a methodology for planning, participation and evaluation that is used to promote social change.
The workshop, led by an experienced theory of change facilitator, was held in Bangkok and was attended by close to 20 participants from civil society and United Nations agencies.
Over a period of two days, participants came together to identify a common long-term strategy, as well as specific intermediate outcomes needed to bring an end to immigration detention of children and their families, and to develop effective community-based alternatives. Participants also identified existing opportunities, gaps and challenges in national advocacy, as well as areas for intervention and capacity-building to achieve those aims.
In Thailand, groups have been engaged on advocacy and service provision for children impacted by immigration detention for several years now, however this is the first time that a broad range of stakeholders have came together to try to develop a common vision and cohesive long-term strategy to end immigration detention of children.
Following this workshop, participants will further refine the theory of change, clarify assumptions, and begin identifying ways to implement and evaluate interventions.
IDC organized a similar workshop in Malaysia at the end of February, and will be organizing one in Indonesia in the coming months.
IDC Member Meeting 2018
The IDC Member Meeting took place directly after the Geneva UNHCR NGO Consultations and provided an opportunity for engagement with some of our 400 Members worldwide.
Watch a recording of the Member Meeting here:
For a copy of the minutes, please email [email protected]
IDC Member Meeting 2017
Our Member Meetings are a chance to come together, discuss trends, and determine how our coalition will continue to work together in the year to come. The development of the Global Compacts on Refugees and Migrants formed the basis for discussions about impactful advocacy.
IDC Member Meeting 2016
In his opening address, IDC Director Grant Mitchell highlighted the pressures that NGOs are facing in response to unprecedented number of people migrating, pointing to the 250 alternatives to detention that the IDC has identified from over 50 countries, as a viable option for migration governance.
Publication Launch on Alternatives to Detention in Africa
The IDC Africa team launched its latest publication at a side event of the 62nd Ordinary Session of the African Commission on Human and Peoples’ Rights, held in Nouakchott, Mauritania. There Are Alternatives: Africa provides evidence that there is rights-based migration governance is being utilised across Africa already, with potential for significant up-scaling in the current context.
The publication includes case studies from 32 African States. These include laws, policies and practices that allow migrants to live in the community with freedom of movement while their immigration status is being resolved or while they are awaiting removal from the host country.
The launch of the research was joined by IDC members from the Refugee Consortium of Kenya (RCK) and Lawyers for Human Rights (LHR), also of South Africa.
Commissioner Maya Sahli-Fadel, Special Rapporteur on Refugees, Asylum Seekers, Migrants, IDPs, and Stateless Persons, spoke on behalf of the report to further the rights of refugees and migrants together by adopting alternative means to detention. Read her guide for policy makers, an introduction piece for handbook. The French translation is available, here.
The presentations made during the launch of the research centred on the protection of migrants and identifying opportunities for shared regional approaches that assist in reducing the need for unnecessary immigration detention.
In highlighting positive examples of domestic and regional law, policy and practice, Governments can provide effective & humane migration governance systems that respect rights.
The case studies detailed in this report include a range of alternatives implemented by civil society, governments or a combination of both. Collaborations have been shown to be particularly effective at resulting in positive outcomes for migration governance and migrants. The case studies were gathered by IDC staff between January 2017 and January 2018. More than 25 Member organisations and 50 government representatives were engaged in multiple sessions, and follow up programming work has taken place since in Malawi, Zambia and South Africa.
IDC Regional Advisor, the Refugee Consortium of Kenya, Koome Fredrick Imaana, sharing positive practice from Kenya
This recent handbook builds on the work published in Alternatives to Immigration Detention in Africa, 2015-2016. This research details legislation, policies and practices related to immigration detention in six countries: Egypt, Kenya, Libya, South Africa, Tanzania and Zambia. It complements There are alternatives – a handbook to prevent unnecessary immigration detention.
Read the latest revised report here!
For more information, email [email protected]
Alternatives to Immigration Detention in Tunisia
Refugee and migrant case management in Tunis
In an interview with Sana Bousbih from Terre d’Asile Tunisie, we explore the case management system and referral network currently operating in Tunis.
IDC: How do you determine the level of case management needed for a migrant?
SA: After an initial screening of migrants who visit us at the “Maison”, one of our resident caseworkers conduct an in-depth needs-assessment interview in order to evaluate the individual’s level of vulnerability, strengths or resilience. The caseworker classifies the case as “Green” or “Red”. “Green” flagged cases indicate less-intensive case management such as administrative support. “Red” is the emergency protocol in which one of over 20 specialised partner NGOs are mobilised.
IDC: What are some examples of Terre d’Asile Tunisie’s referral partnerships?
SA: If the visitor is identified as a victim of trafficking at the "Maison", the individual is immediately referred to the Anti-Human Trafficking Office, part of the National High Authority for Combating Human Trafficking in Tunisia. Since November 2017, sub-Sahara African Embassies have been involved with the referral mechanism and by mid-2018, the system will be formalised. If the visitor needs emergency housing, we appeal to grassroots NGOs who are working to support vulnerable people in safe, open shelters where psychologists and doctors are available. For people who are in need of sexual and reproductive health advice, we partner with the government’s existing services and accompany individuals to the Family Planning clinics, run by the Ministry of Foreign Affairs. We refer the individual to our legal programme to find a suitable pro bono lawyer or sometimes to a local university legal “clinic” so that students may be trained on the legal aspects of casework.
IDC: What are some of the other activities that Terre d’Asile Tunisie runs?
SA: We run initiatives to raise awareness about our practices. For example, through the “Civil Society Empowerment Platform”, we sensitise grassroots organisations to refugee and migrant issues in Tunisia. Our network of pro bono lawyers meet at the “Maison” to discuss the administration of legal advice, share challenges they face in relation to upholding the human rights of migrants and find solutions together. With our partner, Médicins du Monde Tunisia, we run an advocacy programme to inform doctors that they may apply Constitutional rights to migrants.
Case management as an alternative to detention
A growing body of international research, best practice and evidence shows that the most effective alternatives to detention are those that engage migrants in immigration procedures, in particular through tailored case management. Case management centres on understanding and responding to the unique needs and challenges of the individual and their context – building on their vulnerabilities. The approach facilitates access to support services and networks.
The services run from Terre d’Asile Tunisie’s 'Maison du droits et des hommes' is one of many examples of case management systems that are described in the new report, There Are Alternatives: Africa (available here). It was launched alongside the African Commission on Human and People's Rights (ACHPR) 62nd Ordinary Session where 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. See the agenda here.
The new report complements There are alternatives – a handbook to prevent unnecessary immigration detention and builds on IDC’s 2016 report Alternatives to Immigration Detention in Africa which was the first publication in the series “Alternatives in Africa”.
Alternatives to Immigration Detention in Tunisia
Refugee and migrant case management in Tunis
In an interview with Sana Bousbih from Terre d’Asile Tunisie, we explore the case management system and referral network currently operating in Tunis.
IDC: How do you determine the level of case management needed for a migrant?
SB: After an initial screening of migrants who visit us at the “Maison”, one of our resident caseworkers conduct an in-depth needs-assessment interview in order to evaluate the individual’s level of vulnerability, strengths or resilience. The caseworker classifies the case as “Green” or “Red”. “Green” flagged cases indicate less-intensive case management such as administrative support. “Red” is the emergency protocol in which one of over 20 specialised partner NGOs are mobilised.
IDC: What are some examples of Terre d’Asile Tunisie’s referral partnerships?
SB: If the visitor is identified as a victim of trafficking at the "Maison", the individual is immediately referred to the Anti-Human Trafficking Office, part of the National High Authority for Combating Human Trafficking in Tunisia. Since November 2017, sub-Sahara African Embassies have been involved with the referral mechanism and by mid-2018, the system will be formalised. If the visitor needs emergency housing, we appeal to grassroots NGOs who are working to support vulnerable people in safe, open shelters where psychologists and doctors are available. For people who are in need of sexual and reproductive health advice, we partner with the government’s existing services and accompany individuals to the Family Planning clinics, run by the Ministry of Foreign Affairs. We refer the individual to our legal programme to find a suitable pro bono lawyer or sometimes to a local university legal “clinic” so that students may be trained on the legal aspects of casework.
IDC: What are some of the other activities that Terre d’Asile Tunisie runs?
SB: We run initiatives to raise awareness about our practices. For example, through the “Civil Society Empowerment Platform”, we sensitise grassroots organisations to refugee and migrant issues in Tunisia. Our network of pro bono lawyers meet at the “Maison” to discuss the administration of legal advice, share challenges they face in relation to upholding the human rights of migrants and find solutions together. With our partner, Médicins du Monde Tunisia, we run an advocacy programme to inform doctors that they may apply Constitutional rights to migrants.
Case management as an alternative to detention
A growing body of international research, best practice and evidence shows that the most effective alternatives to detention are those that engage migrants in immigration procedures, in particular through tailored case management. Case management centres on understanding and responding to the unique needs and challenges of the individual and their context – building on their vulnerabilities. The approach facilitates access to support services and networks.
The services run from Terre d’Asile Tunisie’s 'Maison du droits et des hommes' is one of many examples of case management systems that are described in the new report, There Are Alternatives: Africa (available here). It was launched alongside the African Commission on Human and People's Rights (ACHPR) 62nd Ordinary Session where 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. See the agenda here.
The new report complements There are alternatives – a handbook to prevent unnecessary immigration detention and builds on IDC’s 2016 report Alternatives to Immigration Detention in Africa which was the first publication in the series “Alternatives in Africa”.
Trust & Support is Key to Effective ATD
New guidance from the Council of Europe could help European governments refocus on the kind of alternatives that really work to reduce harmful and expensive immigration detention.
A detailed and practical guide, it uses a broad understanding of alternatives to immigration detention, “across a range of non-restrictive and restrictive options, in order to consider a wider range of practices that can help states avoid the use of detention in the context of migration”.
The Analysis of the legal and practical aspects of effective alternatives to detention in the context of migration was adopted by representatives of all forty-seven member States of the Council of Europe, through its foremost inter-governmental human rights body, the Steering Committee on Human Rights.
It analyses the European and international standards relevant to alternatives to detention and provides guidance on the practical aspects of implementing effective alternatives, recognising persisting challenges in this field.
But the real added value of the document is that it sets out key elements which make alternatives to detention effective. According to the study, alternatives are more effective in terms of ensuring respect for human rights, compliance and cost efficiency when they:
- Use screening and assessment to address individual circumstances, including vulnerabilities and risks;
- Provide clear and precise information about rights, duties and consequences of non-compliance;
- Ensure access to legal assistance from the beginning and throughout the process;
- Build trust in asylum and migration procedures;
- Uphold individualised case management services;
- Safeguard the dignity and fundamental rights of the persons concerned.
This holistic approach to migration systems helps move beyond the traditional focus in Europe on types of risks and conditions, to understand the factors that help achieve government objectives while also ensuring the rights and welfare of migrants.
“The Analysis highlights that by building trust and supporting migrants, governments can achieve their compliance and case resolution goals without detention” said Jem Stevens, IDC’s Europe Regional Coordinator, “Council of Europe governments have agreed that to ensure detention is really a last resort, they can and should be trying this approach first.”
The Analysis is the result of over a year’s work carried out by Council of Europe’s Drafting Group on Migration and Human Rights (CDDH-MIG) in 2016 – 2017. In terms of follow-up, it suggests developing a practical and user-friendly handbook for authorities on effectively implementing alternatives to immigration detention as a next step to this work.
Successful ATD in Zambia
A successful alternative to detention has been highlighted in Zambia.
The alternative is a Lusaka-based transit centre is run by IDC member Action Africa Help Zambia (AAHZ), an implementing partner of the UNHCR. Refugees are housed at the centre pending relocation or resettlement, or while their asylum applications are being processed by the UNHCR.
These identification, decision-making and referral processes are part of an established National Referral Mechanism (NRM) that has been rolled out across Zambia. All categories of migrants are referred to the appropriate authorities and services under the NRM chart and associated Guidelines .
The IDC defines an alternative to detention as any law, policy or practice by which persons are not detained for reasons relating to their migration status. The NRM in Zambia is an example of a successful alternative to detention.
The NRM was developed to provide guidance on the different stages of assistance to vulnerable migrants. It was implemented in 2014 by the government of Zambia in collaboration with IOM, UNHCR and the United Nations Children’s Fund. The NRM process begins with an initial interview and registration of migrants by front-line officers to determine the case-type, recognise vulnerabilities and needs, and possible referral options. It also promotes coordination of national stakeholders for provision of protection in line with national legal frameworks and international best practices.
The governments of Botswana, Malawi and Mozambique are in the process of developing and implementing their country-specific NRMs. The NRM is one of many successful processes that work towards building systems that do not use harmful, expensive and damaging immigration detention.
The use of the NRM, Action Africa Help Zambia (AAHZ)’s work and other case studies of alternatives to detention are described in the IDC’s new report: “There are alternatives: Africa”. The report is the second in a series collating examples of systems in Africa that avoid the use of immigration detention.
The latest report contains new descriptions of alternatives to detention currently operating in over 30 African countries. The report will be launched on 26th April 2018 at the African Commission for Human and Peoples Rights (ACHPR)’s 62nd Ordinary Session in Nouakchott, Mauritania. It complements the exiting handbook to prevent unnecessary immigration detention - There Are Alternatives.
The first publication detailing legislation, policies and practices related to immigration detention in six countries: Egypt, Kenya, Libya, South Africa, Tanzania and Zambia is available to download here: “Alternatives to Immigration Detention in Africa, 2015-2016”.
To find out more, contact lead author of the report, Tiffany Shakespeare – [email protected]
See related content: How one little book can lead to a whole lot of change
UN Detention Experts: End Criminalisation of Migration
When is detention arbitrary? When is it lawful? Imminent UN Detention experts clarify in their revised Deliberation No. 5
Expressing concern over the constant use of detention in the context of migration, the Working Group on Arbitrary Detention has recently revised its Deliberation No. 5.
“The irregular entry and stay in a country by migrants should not be treated as a criminal offence,” it states.
The revised text includes a clear call on States to seek alternatives to detention such as community-based solutions to ensure immigration detention is only use as an exceptional measure of last resort and that detention of migrants in situations of vulnerability never takes place.
It reaffirms the absolute prohibition of arbitrary detention in migration contexts, the exceptionality of any form of administrative detention and the absolute prohibition of detention of migrants in situations of vulnerability. As such, detention must be used only in exceptional circumstances and, when resorted to, must be lawful, justified as reasonable, proportionate and necessary by a judicial authority, and only for the shortest period of time.
Specifically on the issue of child detention, the Revised Deliberation No. 5 provides strong lines to challenge the detention of accompanied children. Advocates are often confronted with States justifying the need to detain accompanied children with their parents or legal guardians as the only mean to maintain family unit and protect the principle of best interests of the child. Revised Deliberation No. 5 sends a straight forward message: “Alternatives to detention must be applied to the entire family instead”.
“Detaining children because of their parents’ migration status will always violate the principle of the best interests of the child and constitutes a violation of the rights of the child..."
“Detaining children because of their parents’ migration status will always violate the principle of the best interests of the child and constitutes a violation of the rights of the child”, reads the Revised Deliberation reflecting the authoritative guidance given by the Committee on the Rights of the Child and the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families through the two Joint General Comments on the human rights of children in the context of international migration in countries of origin, transit, destination and return.
By revisiting its Deliberation No.5 the Working Group consolidates its own jurisprudence on deprivation of liberty of migrants and reflects relevant changes in international law providing a helpful tool not only for States but also for advocates and human rights defenders working to protect migrants from criminalisation practices such as detention and other forms of deprivation of liberty.
Read the Revised Deliberation No. 5 on deprivation of liberty of migrants here.
Country Reports on Child - Sensitive Migration
Kids Empowerment, a Paris-based NGO and IDC member, aims to empower children and youth by helping them assert their rights, as well as advocate for the compliance of international law in the protection of migrant children. Part of their work involves creating and publishing comparative country reports, which look at the legal framework affecting children on the move both in transit and receiving countries. Their goal is to identify best practices and highlight areas that should be improved, and to provide technical guidance to public authorities and private organisations working in the field of children’s rights.
Key issues addressed in their reports are – among others - basic fundamental rights, access to justice, conditions in reception centres, family reunification, guardianship, age assessment, best interest of the child in the asylum process, deportation and automatic returns. They also include a section on detention.
Country reports for Czech Republic, Finland, Italy, Mexico and Ukraine are already available.
More information can be found on their website, https://kidsempowerment.org