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Data Collection and Tracking State Detention Practices

Commemorative event for the 25 th Anniversary of the Working Group on Arbitrary Detention Panell II – Challenges in the context of migration-related detention. Data Collection and Tracking State Detention Practices Global Trends – State legislation and practices.

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Data Collection and Tracking State Detention Practices

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  1. Commemorative event for the 25th Anniversary of the Working Group on Arbitrary DetentionPanell II – Challenges in the context of migration-related detention Data Collection and Tracking State Detention Practices Global Trends – State legislation and practices 28 November 2016, Palais des Nations, Geneva Mariette Grange 1-3 rue de Varembé – 1202 Geneva - globaldetentionproject.org

  2. Global Detention Project Map view – November 2016

  3. Global Detention Project Map view – November 2016

  4. Global Detention Project Map view – November 2016

  5. Challenges for research on migration-related detention Bring transparency to policies and practices Clarify the immigration laws Monitor adherence to international norms Develop data for assessing trends, comparing countries, evaluating the impact of advocacy Exposeinadequate detention conditions Global Detention Project

  6. Shielding of detention and other coercive measures Misleading language in law and policy Use of “alternatives” to liberty to veil alternative forms of detention (or weaken the right to liberty) Detention terminology Global Detention Project

  7. Trends in terminology From euphemistic migration discourse illegals, illegal aliens bogus asylum-seekers, clandestine, infiltrators non-deserving, queue jumpers v. genuine & deserving illegal maritime arrivals designated arrivals migration crisis … and “perceived” crisis To → language blurring policies generating detention practices migration “management” border control neighbourhood policies returns/readmission v. expulsion/deportation risk analysis off-shore locations and excised territory hotspots Global Detention Project

  8. Trends in terminology To → opaque language for places of immigration detention accommodation in guesthouses for foreigners, accommodation in the temporary stay facilities for foreigners, specialized home for temporary accommodation of foreigners, family residential centre, shelter (eg. centrode albergue de migrantes, centro de acogida temporal) border reception centre, repatriation centre, distribution centre, immigration processing centre, transit centre, reception and orientation centre, regional processing centre migratory station (estacionesmigratorias), immigration depot hold room, detention house, deportation centre, centre de rétentionadministrative (administrative retention centre), removal centre Global Detention Project

  9. Externalisation of detention Getting poorer states at the periphery of large Western states to shoulder the burden of population movements Creating/sponsoring new detention sites in countries with serious concerns for the rule of law , no independent monitoring, muted or harassed civil society and no information on transparency Three parts of the world: EU periphery, Asia-Pacific and Central America Readmission and other bilateral agreements Global Detention Project

  10. Global Detention Project Map view – November 2016

  11. Global Detention Project Map view – November 2016

  12. Global Detention Project Map view – November 2016

  13. ¿Criminalisation? Unclear concept Administrative detention Legislation providing criminal penalties De-criminalising’s perverse impact Global Detention Project

  14. Involvement of non-state actors For profit and not for profit service providers Private security and other companies Charities, NGOs IGOs Issues of accountability and state responsibility Global Detention Project

  15. Other related issues Re-detention and lack of protection Detention of children …. “seldom in their best interest” Global Detention Project

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