Vreemdelingenbewaring: UNHCR concerned at detention of asylum-seekers and releases new guidelines
A
mother and her children at a detention centre in Greece. UNHCR
advocates alternatives to detention, especially for vulnerable
asylum-seekers such as mothers and children.
The
UN Refugee Agency has issued new guidelines on the detention of
asylum-seekers and is concerned at its growing use in a number of
countries.
The guidelines represent UNHCR policy and are intended as advice for governments and other bodies making decisions on detaining people.
As
a principle, UNHCR opposes detention of people seeking international
protection. The new guidelines make clear that seeking asylum is not a
criminal act, and that indefinite and mandatory forms of detention are
prohibited under international law, Adrian Edwards, UNHCR
spokesman explained.
We are
disappointed that many countries continue to hold asylum-seekers in
detention, sometimes for long periods and in poor conditions, including
in some cases in prisons together with common criminals.
UNHCR
is particularly concerned that detention is in growing use in a number
of countries. Edwards said that the Refugee Agency's research "shows
that irregular migration is not deterred even by stringent detention
practises, and that practical alternatives to detention do exist. In
addition, there are well-known negative and at times serious physical
and psychological consequences for asylum-seekers in detention.
The
new guidelines, reflecting the current state of the international law,
supersede the last ones issued by UNHCR in 1999. They recognise the
phenomenon of irregular migration as well as mixed movements of refugees
and migrants that can strain asylum systems in many countries.
This
is a particular challenge for governments, and some of them respond
through detention policies and practices, extending it – at times – to
asylum-seekers. "The fundamental right to liberty and the prohibition of
arbitrary detention applies to all people regardless of their
immigration or other status," Edwards stressed.
The
right to seek asylum entails open and humane reception arrangements for
asylum-seekers. Recent research on alternatives to detention,
commissioned by UNHCR, shows that with community-based supervision
arrangements, more than 90 per cent of asylum-seekers comply with
conditions of release from detention.
UNHCR
calls on states to make better use of alternatives to detention. These
can include various forms of reporting requirements to community and
supervision schemes or accommodation in designated reception centres,
but with guaranteed freedom of movement.
Such
solutions are important features of immigration and asylum regimes.
Alternatives to detention are also far more cost-effective than
detention. UNHCR will continue to carry out research to identify and
promote good practices related to alternatives to detention of
asylum-seekers and remains fully engaged on this issue at international
and national levels.
"We
stress our view that unaccompanied children should not be detained,"
Edwards said. "UNHCR calls on governments to also pay special attention
to vulnerable asylum-seekers such as victims of torture and trauma,
older persons or persons with disabilities," he added.
The
UN Refugee Agency believes detention should be a measure of last
resort, prescribed by national laws and implemented only where necessary
and proportionate to a legitimate purpose – in conformity with
international standards.
"In
line with the growth in international, regional and national monitoring
and inspection bodies, we stress that detention should be subject to
independent monitoring and inspection, including by UNHCR," Edwards
said.
Bron: http://www.unhcr.org.uk/news-and-views/news-list/news-detail/article/unhcr-concerned-at-detention-of-asylum-seekers-and-releases-new-guidelines.html
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