European NPM Project 9th Thematic Workshop: irregular migrants , Frontex and the NPMs

1. Returns Directive: how can NPMs act strategically together to take up similar positions in relation to the Returns Directive? European NPM Project 9th Thematic Workshop: irregularmigrants, Frontexandthe NPMs Belgrade, Serbia, 12 June 2012

2. Outline • Implementing the Returns Directive in Switzerland; • Pre-conditions for CNPT‘s involvement in the monitoring of removals by air; • Advantages of legal-based NPM solution; • Monitoring system envisaged by CNPT; • Strategic action for NPMs: some thoughts

3. Implementing the Returns Directive • Federal Office of Migration (FOM) launched a public appeal in 2011 for flight monitoring; • FOM mandated the Evangelical Churches to conduct a pilot phase; • Pilot phase implemented form July 2011 – December 2011; • Report published in March 2012(download) http://www.bfm.admin.ch/content/dam/data/pressemitteilung/2012/2012-03-22/20120322-taetigkeitsbericht-d.pdf • CNPT takes over monitoring of forced removals by air from July 2012 onwards.

4. Pre-conditions for CNPT‘s involvement in the monitoring of removals by air • No formal mandate from the FOM; → Implementation of the Returns Directive solely based on CNPT‘s federal law. • Budgetary requirements need to be fully met. → CNPT‘s budget has been increased by Fr. 340‘000.-.

5. Advantages of legal-based NPM solution for monitoring • Unrestricted access to all places where people are deprived of their liberty under jurisdiction of the state → pre-removal retention centers, forced removal and possibility to visit returness after aborted removal. • Unrestricted access to key information and data about returnees → prior to each flight, detailed information about detainees.

6. Monitoring system envisioned by CNPT Three pillars • Recruit and train monitoring experts; • Establish a formal dialogue with authorities in charge of forced removals by air; • Discussion forum with civil society organisations.

7. Monitoring system envisioned by CNPT • Monitoring experts • CNPT is about to recruit a minimum of twelve experts in the field of law, detention or medicine to monitor approximately 40 special flights/year; • A specific training with relevant theoretical (national and international legislation) and practical knowledge (i.e. application of physical restraints) will take place in August 2012; • Debriefing after every flight and reporting to the Secretariat within 48 hours!

8. Monitoring system envisioned by CNPT • Dialoguewithauthorities • Regular meetings (4-5 per year) withrepresentativesof FOM, the Union oftheCantonal Migration Authoritiesandthe Swiss Conference ofthe Police Commanders. • Aim: informaboutmonitoringobservationsanddiscussfirstrecommendations. • Report on monitoringactivities, including all formal recommendationsissubmittedat least once a yeartothe Federal Councillorofthe Department of Justice and Police andthePresidentoftheCantonal Conference ofthe Heads of Justice and Police.

9. Monitoring system envisioned by CNPT 3. Consultative Forum withcivilsociety • Representativesofmajorcivilsociteyorganisations in thefieldofmigration (e.g. Swiss Refugee Council, Swiss Medical Association, OMCT, Federal Commission on Migration, Red Cross etc.); • Representativesof FOM, Swiss police, cantonalauthorities; • Aim: discussthematicandselectedissuesarisingduringmonitoringactivities such asapplicationofphysicalandmedicalrestraints, proportionnalityissues etc.

10. Strategic action for NPMs: some thoughts Short-term strategy • Develop common standards on monitoring forced removals by air; • Create an interactive forum for sharing experiences in the field of monitoring; • Draft a common engagement strategy. Mid-term strategy • Develop inter-NPM cooperation especially on Dublin-out and Frontex flights through joint ventures. • Cooperation with NPMs for hand-over of returnees.

11. Thank you for your attention!