Alternatives to detention in Europe By Philip Amaral JRS Europe 1 What Ill talk about How JRS views alternatives to detention ATD A proposal for how you might think about ATDs What ingredients does a good ATD call for ID: 263002
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Locking up the detention centre
Alternatives to detention in EuropeBy: Philip Amaral, JRS Europe
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What I’ll talk about
How JRS views alternatives to detention (ATD)A proposal for how you might think about ATDsWhat ingredients does a good ATD call for?Why do we European NGOs need to work on ATDs?
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First, a question:
What elements make for a good alternative to detention?3Slide4
What elements do you think make for a good ATD?
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ATDs: A recipe with
many ingredients5ATDs as a means to an end, and not an end itself.
A means to which end?
A transparent & fair outcome to a person’s case
A dignified and humane immigration procedure
A scenario in which detention is hardly used…
…because gov’ts decide more often to not detainSlide6
How do you define ATDs?
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How does JRS define ATDs?
Any policy, practice or legislation that allows asylum seekers and migrants to live in the community with freedom of movement, in respect of their right to liberty and security of person, while they undertake to resolve their migration status and/or while awaiting removal from the territory.
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Why does JRS define ATDs so broadly?
At critical points in a person’s immigration procedure, we want governments to decide not to detain. To have this, we see the need for flexibility on deciding how not to detain.
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This is the heart of our views on ATDsSlide9
The heart of JRS’s view on ATDs
ATDs are a decision, and not only an outcome.The ATD is the point in which the state authority faces the decision whether to detain an individual or not. Scenario: State authority comes into contact with an asylum seeker, or an irregular migrant, and decides:
“No, we won’t detain; the person will live independently in the community.”“No, we won’t detain; but the person has to check-in once a week”“No, we won’t detain; but the person needs to be with a case manager.”
The starting point for any decision
to not detain
should be the person’s liberty & security of person; in other words, no restriction.
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State authorities should be
screening and assessing each individual to determine the best kind of ATD.Most cases, people can live independently.
But there will be cases in which conditions need to be attached. These must be a result of rigourous screening and assessment.
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Why does JRS define ATDs so broadly?Slide11
‘Good elements’ for ATDs, in JRS’s view
Decent living conditionsComprehensive supportRegular, up-to-date, information
Qualified legal assistanceFocus on all possible outcomesFrontloading support
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Another question:
What are your organisational views on ATDs in Europe?12Slide13
Organisational views on ATDs in Europe
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There are a range of views on ATDs in Europe.
None of them are wrong.
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NGO variety is a good thing.
We need NGOs who …Are emboldened and strong speakingPrefer working closely with governmentsAre close to refugees, asylum seekers and migrantsHave experience and expertise with service provision
Know how to give legal aidKnow how to do research
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Just because there are different views on ATDs, doesn’t mean we can’t work together to achieve a common goal:
To make detention so unnecessary, so hardly used that it truly becomes an exception
.
To make detention
extinct
as a government practice.Slide16
We need to work together on ATDs, right now.
Why the hurry?16Slide17
The ATD
‘window of opportunity’
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Reception Conditions Directive
The Dublin III Regulation
The Return DirectiveSlide18
ATD language in EU law: strikingly similar
“Individual assessment”“Individual case” / “specific case”“Less coercive measures”ATDs must “respect fundamental rights”
“Laid down in national law”
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Where we as NGOs come in
19Conduct a good individual assessment
NGOs have particular expertise that can be used towards governments for the following:
Identify good less coerci
ve alternative measures
Make sure ATDs are in law & implemented
Ensure ATDs respect fundamental rights
Screen individual and specific casesSlide20
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If we don’t work actively to achieve the best scenario for ATDs, we will have
missed an opportunity
to reduce detention in Europe over the next years.Slide21
To work together, we’ll need different tactics. Which ones?
Generate noise to get governments’ & publics’ attentionTechnical planning and strategy developmentService provision methods
Monitoring fundamental rightsTo be close to refugees, migrants, asylum seekersClose connections to decision makers
Coordinators, people and organisations who can bring it all together
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Let’s take the time we have to start off on this track!
Thank you for listening!
Jesuit Refugee Service Europe
e
urope.advocacy@jrs.net
+32 2 250 32 20