Transcript Policy & Lobbying: Empowering Direct Provision Residents

Policy & Lobbying
Empowering Direct Provision
Residents
FLAC – the Free Legal
Advice Centres
Opportunities & Strategic Issues
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Complaints Procedure
Role of the Ombudsman
Political lobbying
Programme for Government
Monitoring State’s Obligations
UN International Monitoring Mechanisms
International Human Rights Standards
Immigration Residence and Protection Bill
Single Procedure
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Complaints Procedure
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Two separate components of the complaints procedure
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Informal and Formal resolution mechanism
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Issues and complaints dealt with fairly and in a speedy and
effective manner
Complaints made by residents against the direct provision
accommodation centre
Complaints made by the management of direct provision
centre to resident who breaches the House Rules
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Complaints against Service
Provider by Resident
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Complaints Against Resident
made by Service Provider
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Complaints Procedure and Due
Process
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Complaints against Service Providers referred to the Reception
and Integration Agency (RIA)
Contractual nature of RIA’s relationship with centre managers
No dedicated complaints section in RIA
No review of decisions by a more senior official
No record of complaints made by residents
Right to Due Process and Fair Procedure – Bunreacht na
hEireann
Article 6 European Convention on Human Rights
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Fair hearing before an impartial adjudicator
Transfer Orders/Expulsion- no right to an oral hearing
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Complaints Procedure and Joint
Oireachtas Committee
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Issue of complaints procedure arose in Joint Oireachtas
Committee on Health and Children -12th October 2010
RIA House Rules – frivolous or vexatious complaints- Sec 4.3
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Impacting on any asylum applications
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RIA representative – agreed to amend House Rules
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January 2011 – Sec 4.3 removed – New Section 4.3
Making a complaint will not affect how other official agencies consider
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An asylum application
An application for leave to remain; or
‘subsidiary protection application’ in the State
Section 2.3 included
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‘deliberately making false, malicious and defamatory statements’ as offences
under Irish Law
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Parliamentary Questions on
Complaints Procedure
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Caoimhghín Ó Caoláin TD –Sinn Fein
Dara Calleary TD – Fianna Fáil
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Responses by Minister for Justice Alan Shatter
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11 May 2011
7 February 2012
RIA is satisfied that the structure of the complaints procedure ...is broadly in line
with the guidelines set out by the Office of the Ombudsman for internal
complaints systems.
Complaints to be dealt with informally or where they cannot be resolved referred
onto RIA. Where complaint is about the decision of a RIA official on a complaint
then it will be dealt with by another official.
Referred to working group on House Rules with RIA and NGO participants
stating “It was the RIA’s view that no clear model was cited during these
discussions as to the make-up of an independent claims mechanism or how it
could be implemented without undue cost and bureaucracy. “
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Office of the Ombudsman
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The Ombudsman’s guide to internal complaints procedures
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Assist public bodies to “establish efficient and credible internal complaints
handling systems”
Improve quality service, cost effective, less time and resources
Assurance that their complaint[s] are being taken seriously and
that they are being treated properly fairly and impartially
Good internal complaints system to include
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Accessibility
Simplicity
Speed
Fairness and Independence
Confidentiality and impartiality
Effectiveness and Flexibility
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Office of Ombudsman and
Residents Complaints
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Existing complaints procedure lacks impartiality, independence
and support
Residents have no faith in the current complaints procedure
Fear of making complaints having a negative impact on their
asylum applications
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Change to the House Rules does not seem to change that perception
Proper appeals process is essential in order to maintain a
standard of fairness
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Political Lobbying
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Local TDs/Senators
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Writing Letters and visits constituency clinics
Contacting local papers
Visits to accommodation centres
Identify potential allies/opposition spokespersons
Lobby front bench TDs
Parliamentary Questions
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Joint Oireachtas Committee hearings
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Continue to hold briefings on various aspects of the system
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Produce clear and accessible information materials
Contact local councillors
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Asylum seekers and direct provision residents have the right to vote in local
elections.
This may provide an opportunity to seek support from local councillors.
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Programme for Government
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Immigration and Asylum
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Introduce comprehensive reforms of the immigration, residency and asylum seekers,
which will include a statutory appeals system and set out rights and obligations in a
transparent way
Review of appeals system
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Review of the Direct Provision system itself and failures of system re: delays
Freedom of Information and Ombudsman
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Extend remit of both to cover all statutory bodies (but see Shatter PQ response 7 Feb
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Tackling poverty and promoting equality
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Elimination of child poverty
Promote policies which integrate minorities
Promote social inclusion, equality, diversity
Promote the participation of immigrants in the economic social and cultural life of
their communities
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Programme for Government
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Monitor Accountability in PfG
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Monitor implementation of commitments
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Seek clarity on vague/ambitious aspects of the programme
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Highlight and question omissions through research and campaigning
UN Independent Expert on Poverty
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Called on the State to “review its Programme for Government and National
Recovery to ensure that it complies with human rights principles, particularly
the obligation to use the maximum resources available and to not take
retrogressive measures in the protection of economic social and cultural rights,
and consider reversing those measures which will disproportionately impact on
the most vulnerable and excluded”. 17th May 2011
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International Monitoring
Mechanisms
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UN Committee on Elimination of Racial Discrimination Concluding
Observations of Ireland – March 2011
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UN Committee Against Torture Concluding Observations of
Ireland – June 2011
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Reform of the direct provision system
Independent appeals mechanism
Impact of DP on physical and mental health
Human Rights training for civil servants
Amend the IRP Bill to bring it in line with international obligations
Examine the decrease in positive determinations for refugee status
Ensure migrants have the right to judicially review administrative decisions
Immigration-related detention should be in facilities that are appropriate to status
Human Rights training for civil servants
UN Committee on Economic Social and Cultural Rights
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Draft third periodic report produced in December 2011
UN Committee on the Rights of the Child
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Report due 2007
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UN Human Rights Council Universal
Periodic Review – Outcome Report
October 2011
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Government claimed “steps were being taken to reduce unacceptable delays in parts of the
system”, i.e. Immigration, Residence and Protection Bill
Country concerns:
• Ireland is not following UNHCR guidelines on unaccompanied asylum seeking children
(Czech Republic)
• long detention periods for asylum seekers inaccessibility of healthcare for asylum seekers
(Brazil)
• variations in standards among privately operated centres in the “Direct Provision” system
(Ukraine)
Country recommendations accepted by government:
• Ensure laws on separated and unaccompanied minors seeking asylum in conformity with
international standards (Uruguay)
• Establish independent Appeals body for immigration and asylum issues (United Kingdom)
• Establish more effective procedures in determination of refugee status(Mexico)
• Enhance the position of children in the short term (i.e. extending the remit of the
Ombudsman to children in prisons and asylum seeking children) (Netherlands)
• Take the necessary measures to avoid detention of asylum seekers (Brazil)
More information on Your Rights Right Now Campaign: http://www.rightsnow.ie/
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Shadow Reports to UN Committees
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States which ratify international human rights treaties are subject
to review and submit periodic reports to specific UN Committees
Treaty Bodies may then invite NGOs to submit their own
independent Shadow Reports
Key chance to voice their human rights concerns and criticisms
Purpose of Shadow Report is so UN treaty bodies do not rely
entirely on the Government’s Periodic Report
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Examples of Shadow Reports
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NGO Alliance Against Racism (NAAR) Shadow Report in
response to the Third & Fourth Periodic Reports of Ireland under
UN International Covenant on Elimination of Racism (Jan 2011)
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Your Rights. Right Now. Ireland’s Civil Society Stakeholder Report
on Ireland’s Examination under the Universal Periodic Review
(2011)
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FLAC a member of the Alliance
Raised concerns around the direct provision system and complaints mechanisms
Separated Children
Government under review by UN Human Rights Council on 6th October 2011
Government partaking in consultation process – Govt report due 4th July
NGO reports sent to UN Human Rights Council
Lobbying for reform of direct provision system and asylum process generally.
IPRT/ICCL Joint Shadow Report to UN Convention Against Torture
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Ireland under review in May- Concluding Observations –June 2011
Reform of Asylum Process and Issues surrounding Deportation
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UN Convention on the Elimination of
Racial Discrimination
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NGO Alliance Against Racism Shadow Report
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“An independent complaints mechanism should be established for those in Direct
Provision in line with the guidelines of the Ombudsman”
Direct provision system should “undergo a radical review in light of the serious
concerns as to its negative impact on residents”
Concluding Observations of Ireland 11 March 2011
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The Committee is further concerned at the failure by the State party to provide
for an independent appeals tribunal considering that the remit of the Office of
the Ombudsman does not extend to asylum and immigration matters (article 2, 5
and 6)
The Committee recommends that the State party strengthens its efforts to
sensitise relevant civil servants on human rights issues particularly against racism
and intolerance by ensuring that human rights training is mainstreamed in the civil
service.
The State party should take all necessary measures to improve the living
conditions of asylum seekers by providing them with adequate food, medical
care, and other social amenities including also a review of the direct provision
system
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UN Committee Against Torture
Concluding Observations of Ireland
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The Committee recommends that the State party should
pursue efforts aimed at strengthening the protection of
persons in need of international protection.
The Committee recommends that the State party should
investigate the increased drop in positive determinations
for refugee status to ensure that applicants are processed
following due process.
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UN Independent Expert on Human
Rights and Extreme Poverty: Mission
to Ireland 2011
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UN Independent Expert, Magdalena Sepúlveda Carmona,
visited Ireland from 10 to 15 January 2011
FLAC & other NGO’s sent submissions and made presentations
to the Expert highlighting concerns on DP & asylum system:
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DP system “limits the autonomy of asylum seekers and impedes their family
life”
Calls for asylum seekers to be allowed access the labour market “an essential
element of complying with ICESCR”
Report of Mission to Ireland (17th May 2011) issued
recommendations:
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“The Independent Expert reminds Ireland that asylum seekers and refugees
must be guaranteed the enjoyment of all human rights, including the right to
privacy and family life, an adequate standard of living and adequate
standards of physical and mental health, rights that complement the
provisions of the 1951 Refugee Convention”
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UN Independent Expert contd.
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Recommendations contd.:
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The Independent Expert calls on the Government to quickly adopt a single
procedure for determining refugee and subsidiary protection claims, with
strong protection elements, and to ensure that asylum seekers enjoy the full
range of economic, social and cultural rights including the right to work.
Calls on the State to fully implement the EU Procedures Directive to ensure
better protection of asylum seekers.
Independent Expert presented findings to the UN Human Rights
Council in early June 2011
Independent Expert sent questionnaire to Government and
NGOS to provide relevant information to assess the compliance
with the recommendations made in the mission reports and the
remaining challenges. FLAC submission (December 2011):
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Called for abolition of DP and advocated for fairness and transparency in
administering DP scheme to ensure right to adequate standard of living
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Council of Europe (CoE)
Commissioner for Human Rights:
Visit to Ireland 2008
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Commissioner for Human Rights, Mr Thomas Hammarberg, Report
on his visit to Ireland in 2008:
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“The Commissioner is concerned about the current state of accommodation for
families and the deficiencies reported by Independent inspectors. The
Commissioner is also concerned about the low degree of personal autonomy
asylum seekers may retain throughout the process”
Recommendations:
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Introduce temporary work permits for asylum seekers
Implement the principle of the best interests of the child in decisions within the
field of immigration and refugee law related to children.
Provide family accommodation to families with children seeking asylum in
Ireland
Ensure that the right to remain in Ireland during the procedure is granted to
asylum seekers who appeal asylum decisions which raise questions in relation to
Article 3 of the European Convention on Human Rights
Introduce statutory provisions regulating family reunification for all groups of
people
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CoE Commissioner for Human Rights:
Visit to Ireland 2011
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Commissioner for Human Rights, Mr Thomas Hammarberg, Report on
his visit to Ireland, 1-2 June 2011:
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“The Commissioner notes the ongoing work on the Immigration, Residence and
Protection Bill 2010 and encourages the authorities to speed up procedures with a
view to putting a transparent framework in place, affording sufficient safeguards
while processing case files with diligence and without undue delay for migrants and
asylum-seekers alike.” The Commissioner also “expressed his concern about the
overall length of asylum procedures under the current dual system which is unique
among the 27 EU member states”.
“The Commissioner is concerned at the lack of an overhaul of the overly complex
asylum and immigration system. He urges the Irish authorities to complete work on
current draft legislation with a view to ensuring transparent, speedy decision-making
subject to judicial review, taking into account internationally agreed principles, such
as the right to respect for family life and the best interests of the child. In this context,
the Commissioner welcomes the progress made for separated asylum-seeking
children, placing them into mainstream care and reiterates his previous
recommendation to assign a guardian ad litem to each separated child as an
additional safeguard to combat trafficking in human beings.”
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Immigration Residence and
Protection Bill
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2010 Bill fell with last government and restored by current
government on 23 March 2011; no progress since
Potential for reform of immigration system which could benefit
Direct Provision
Submissions to Joint Oireachtas Committee’s
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Policy submissions with suggestions for reform of the IRP Bill
Send to secretary of the specific Committee
CERD Concluding Observations re IRP Bill
The Committee recommends that the State party’s should pursue efforts aimed at
strengthening the protection of all people from racial discrimination by improving the
existing draft pieces of legislation and passing them into law. The Committee further
recommends that the State party should improve the Immigration and Residence
Protection Bill 2010 to provide for (a) the right of migrants to judicial review against
administrative actions and prescribe reasonable periods within which to do so, and
(b) the right of migrant women in abusive relationships to legal protection by
providing them with separate residence permits.
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Single Procedure
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Lack of a single procedure leads to protection gaps
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Lengthy delay placing burden on the State
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Single procedure would enable immigration officials to consider
whether a person is entitled to all different forms of international
protection at one time
Streamlined approach to immigration application process thus
decreasing time of asylum seekers residing in Direct Provision
accommodation
UN Independent Expert on Extreme Poverty called for the State to
introduce a single procedure for determining refugee and
subsidiary protection claims
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More Information
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FLAC website www.flac.ie
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Direct Provision campaign page:
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Policy submissions
http://www.flac.ie/getinvolved/campaigns/current/direct-provision-campaign/
Irish Refugee Council www.irishrefugeecouncil.ie
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Policy submissions
Programme for Government report
RIA website www.ria.gov.ie
Office of Ombudsman www.ombudsman.gov.ie
House of the Oireachtas www.oireachtas.ie/parliament
Office of the High Commissioner for Human Rights www.ohchr.org
Council of Europe http://www.coe.int
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