Transcript Guidelines on the Applicable Criteria and Standards

[Insert date and place of the launch]
[Add Regional/National] Overview
• Detention is a global challenge.
• There is no empirical evidence that the use of
immigration detention deters irregular
migration.
• Criminalization of asylum-seekers.
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Impact on asylum-seekers
• Drastic physical, psychological and social impacts
• Psychological illness, trauma, depression, anxiety,
aggression, and other physical, emotional and
psychological consequences.
• Family separation or breakdown, long-term
psychological problems, and difficulties for later
integration or constructive engagement in the
community, whether in the asylum country or
country of origin.
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Definition of Detention
• Detention refers to the deprivation of liberty or confinement
in a closed place which an asylum-seeker is not permitted to
leave at will, including, though not limited to, prison or
purpose-built detention, closed reception or holding centres
or facilities.
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Detention
Detention can take place in a range of locations:
• land and sea borders, or at “international zones” of airports,
• islands,
• boats,
• closed refugee camps,
• house arrest,
• extraterritorially.
The important question is whether an asylum-seeker is being
deprived of their liberty de facto and whether this deprivation is
lawful.
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Definition of Alternatives to detention
• Alternatives to Detention (ATD) is not a legal term but refers
to any legislation, policy or practice that allows asylum-seekers
to reside in the community subject to a number of conditions
or restrictions on their freedom of movement.
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The Detention Guidelines
• Reflecting the current state of international law, the
Guidelines are intended to guide:
– a) governments in their elaboration and implementation
of asylum and migration policies which involve an element
of detention; and
– b) decision-makers, including judges, in making
assessments about the necessity of detention in each
individual case.
• There are 10 guidelines in total, addressing the main aspects
of detention in the asylum context.
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Main messages
• Seeking asylum is not an unlawful act
• Open and humane reception arrangements
• Fundamental right to liberty and against arbitrary detention apply to
all persons, regardless of their immigration or other status.
• Detention of asylum-seekers should in principle be avoided, be a
measure of last resort, prescribed by law and applied only where
necessary and proportionate to a legitimate purpose.
• Alternatives to detention need to be considered.
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Main messages cont’d
• The Guidelines also provide guidance on:
– Alternatives to detention
– minimum procedural safeguards,
– humane and dignified standards of treatment,
– special circumstances and needs of particular persons that need to
be taken into account, and
– independent monitoring and inspection.
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Alternatives to detention
• The human rights consequences as well as social
and economic costs of immigration detention
compel States to consider alternatives to detention.
• Cooperation improves with alternatives to detention
• Cost-effective
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Implementation
• [insert activities / actions in your
country/region for UNHCR and areas for
cooperation with the government/NGOs etc.]
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Thank You!
• The Guidelines are
available in Refworld:
• http://www.unhcr.org
/refworld/docid/5034
89533b8.html
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