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[ 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. . Impact on asylum-seekers.
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[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.
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.
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.
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.
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.
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.
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.
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.
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
Implementation • [insert activities / actions in your country/region for UNHCR and areas for cooperation with the government/NGOs etc.]
ThankYou! • The Guidelines are available in Refworld: • http://www.unhcr.org/refworld/docid/503489533b8.html