Policy & Lobbying Empowering Direct Provision Residents

1. Policy & LobbyingEmpowering Direct Provision Residents FLAC – the Free Legal Advice Centres

2. Opportunities & Strategic Issues • 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 FLAC

3. Complaints Procedure • Two separate components of the complaints procedure • Informal and Formal resolution mechanism • 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 FLAC

4. Complaints against Service Provider by Resident FLAC

5. Complaints Against Resident made by Service Provider FLAC

6. Complaints Procedure and Due Process • 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 • Fair hearing before an impartial adjudicator • Transfer Orders/Expulsion- no right to an oral hearing FLAC

7. Complaints Procedure and Joint Oireachtas Committee • 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 • Impacting on any asylum applications • RIA representative – agreed to amend House Rules • January 2011 – Sec 4.3 removed – New Section 4.3 Making a complaint will not affect how other official agencies consider • An asylum application • An application for leave to remain; or • ‘subsidiary protection application’ in the State • Section 2.3 included • ‘deliberately making false, malicious and defamatory statements’ as offences under Irish Law FLAC

8. Parliamentary Questions on Complaints Procedure • Caoimhghín Ó Caoláin TD –Sinn Fein 11 May 2011 • Dara Calleary TD – Fianna Fáil 7 February 2012 • Responses by Minister for Justice Alan Shatter • 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. “ FLAC

9. Office of the Ombudsman • The Ombudsman’s guide to internal complaints procedures • 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 • Accessibility • Simplicity • Speed • Fairness and Independence • Confidentiality and impartiality • Effectiveness and Flexibility FLAC

10. Office of Ombudsman and Residents Complaints • 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 • 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 FLAC

11. Political Lobbying • Local TDs/Senators • Writing Letters and visits constituency clinics • Contacting local papers • Visits to accommodation centres • Identify potential allies/opposition spokespersons • Lobby front bench TDs • Parliamentary Questions • Joint Oireachtas Committee hearings • Continue to hold briefings on various aspects of the system • Produce clear and accessible information materials • Contact local councillors • 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. FLAC

12. Programme for Government • Immigration and Asylum • 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 • Review of the Direct Provision system itself and failures of system re: delays • Freedom of Information and Ombudsman • Extend remit of both to cover all statutory bodies (but see Shatter PQ response 7 Feb 12) • Tackling poverty and promoting equality • 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 FLAC

13. Programme for Government • Monitor Accountability in PfG • Monitor implementation of commitments • Seek clarity on vague/ambitious aspects of the programme • Highlight and question omissions through research and campaigning • UN Independent Expert on Poverty • 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 FLAC

14. International Monitoring Mechanisms • UN Committee on Elimination of Racial Discrimination Concluding Observations of Ireland – March 2011 • Reform of the direct provision system • Independent appeals mechanism • Impact of DP on physical and mental health • Human Rights training for civil servants • UN Committee Against Torture Concluding Observations of Ireland – June 2011 • 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 • Draft third periodic report produced in December 2011 • UN Committee on the Rights of the Child • Report due 2007 FLAC

15. UN Human Rights Council Universal Periodic Review – Outcome Report October 2011 • 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/ FLAC

16. Shadow Reports to UN Committees • 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 FLAC

17. Examples of Shadow Reports • 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) • FLAC a member of the Alliance • Raised concerns around the direct provision system and complaints mechanisms • Separated Children • Your Rights. Right Now. Ireland’s Civil Society Stakeholder Report on Ireland’s Examination under the Universal Periodic Review (2011) • 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 • Ireland under review in May- Concluding Observations –June 2011 • Reform of Asylum Process and Issues surrounding Deportation FLAC

18. UN Convention on the Elimination of Racial Discrimination • NGO Alliance Against Racism Shadow Report • “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 • 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 FLAC

19. UN Committee Against Torture Concluding Observations of Ireland • 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. FLAC

20. UN Independent Expert on Human Rights and Extreme Poverty: Mission to Ireland 2011 • 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: • 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: • “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” FLAC

21. UN Independent Expert contd. • Recommendations contd.: • 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): • Called for abolition of DP and advocated for fairness and transparency in administering DP scheme to ensure right to adequate standard of living FLAC

22. Council of Europe (CoE)Commissioner for Human Rights: Visit to Ireland 2008 • Commissioner for Human Rights, Mr Thomas Hammarberg, Report on his visit to Ireland in 2008: • “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: • 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 FLAC

23. CoE Commissioner for Human Rights:Visit to Ireland 2011 • Commissioner for Human Rights, Mr Thomas Hammarberg, Report on his visit to Ireland, 1-2 June 2011: • “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.” FLAC

24. Immigration Residence and Protection Bill • 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 • 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. FLAC

25. Single Procedure • Lack of a single procedure leads to protection gaps • Lengthy delay placing burden on the State • 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 FLAC

26. More Information • FLAC website www.flac.ie • Direct Provision campaign page: http://www.flac.ie/getinvolved/campaigns/current/direct-provision-campaign/ • Policy submissions • Irish Refugee Council www.irishrefugeecouncil.ie • 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 FLAC