Memo

From:             Anna Gallagher and Melanie Teff, Jesuit Refugee Service

To:                  NGOs Interested in the International Coalition on Detention of Refugees, Asylum Seekers and Migrants

Re:                  Strategy Document

Date:              October 16, 2004

                                                                                                                                   

During the initial NGO meeting in Geneva in March 2004, it was agreed that a Strategy Task Force would draft a document which addressed:  1) the definition of an international coalition on detention, including a definition for proposed members; 2) the objectives of the coalition; and 3) the suggested activities to reach the objectives.  The members of the Strategy Task Force were:  Jesuit Refugee Service (JRS); WomenÕs Commission on Refugee Women and Children; Human Rights Watch; Amnesty International; Canadian Council for Refugees; World Council of Churches; Human Rights First; Lawyers for Human Rights; CIMADE; LIRS.  After a second NGO meeting, held in September 2004 during Pre Ex Com, it was decided that the document would be amended to include information on why an international coalition on detention is necessary.  The document below represents the amended version of the original strategy document. 

 

International Coalition on Detention of Refugees, Asylum Seekers and Migrants:  Who We Are

We are a coalition of non-governmental groups and individuals working around the world providing legal, social and other services, carrying out research and reporting, and doing advocacy and policy work on behalf of refugees, migrants, asylum seekers[1]  and other displaced persons, who have come together to share information and to promote best practices on the use of detention vis-ˆ-vis this population.   

 

For purposes of clarity, we recognize the UNHCR definition of detention as follows: 

 

Confinement within a narrowly bounded or restricted location, including prisons, closed camps, detention facilities, or airport transit zones, where freedom of movement is substantially curtailed, and the only opportunity to leave this limited area is to leave the territory. 

 

We interpret this definition also to include confinement in such settings as refugee camps, prisons, hotels, police stations and offshore detention centers. 

 

Why is there a need for an international coalition on detention of Refugees, Asylum Seekers and Migrants?

More and more governments around the world are using detention as a migration management tool.  They are also cooperating bilaterally or multilaterally in attempts to restrict migration flows, sharing information and at times personnel in these efforts.  NGOs, therefore, should share resources and information in order to promote greater respect and protection for the human rights of forced migrants.  Detention policies and practices in one region affect other regions.  Therefore, there is a is a need to tackle the global picture and these cross-regional impacts

 

Currently, much work on direct services and advocacy is being carried out by individual NGOs and some national NGO coalitions with and on behalf of detainees.  Apart from Migreurop in Europe, there are no other regional coalitions and no international coalitions working on detention issues.  The lack of such coalitions limits the impact of advocacy work on behalf of detained refugees, asylum seekers and migrants.  Joining forces to campaign together on the issue will have much more impact. 

 

An international coalition can speak out on issues in countries where national NGOs cannot do so for fear of reprisals or of losing their access to detainees.  Additionally, an international coalition may be able to speak out in situations where other international organizations cannot for political or funding reasons.  It can also flag detention situations in forgotten areas where there is no national NGO present working on the issue. 

 

What is the proposed aim or mission of the International Coalition on Detention pf Refugees, Asylum Seekers and Migrants?

The purposes of the coalition are:  

 

 

Subjects of concern for our coalition include but are not necessarily limited to the following:

 

o      Consideration of the grounds, conditions and duration of detention, and  the development of fair and humane detention standards that recognize the human rights and needs of those detained, including the right to spiritual expression and religious practice;

o      Elimination of the use of arbitrary and/or punitive detention practices;

o      Elimination of the inappropriate or inhumane detention of vulnerable people, including torture survivors, and the mentally or physically disabled;

o      Elimination of the detention of minors;

o      Elimination of  the use of detention as a regular and  integral part of national immigration policies;

o      The development and promotion of humane alternatives  to detention;

o      The promotion of standards of procedural fairness;

o      Consideration of concerns  relating to the privatization of detention;

o      Consideration of the proper  role of international and intergovernmental bodies in supporting or challenging detention policies

o      The promotion of better public access to credible and correct information and statistics on detention practices;

o      The elimination of the co-mingling of non Ðcriminal detainees with criminal populations.

 

What are proposed activities to comply with this mission?    

In order to carry out the purposes of our coalition, we will work together in the following ways:  

 

Networking and Advocacy:

The coalition will carry out networking, and advocacy with the following objectives:

 

á      To raise awareness among our members and constituents, the general public and the policy and decision makers of the situation of asylum seekers, refugees and migrants in detention.

á      To urge governments to limit the use of detention and to use the least restrictive and most humane forms of detention for those persons whom they feel it is essential to detain.

á      To urge governments to use alternatives to detention whenever possible.

á      To urge governments to consider the rights and mental and physical welfare of those held in detention, and to ensure that those detained are held in conditions of safety and dignity.

á      To urge governments to create and enforce consistent, fair, and humane detention standards that include access to adequate medical treatment, mental health counselling, and spiritual and religious care

á      To urge governments who have not signed relevant Conventions and Treaties to do so.

 

Activities to be undertaken to promote our mission might include: 

 

á      The creation of a monitoring body of international standards to promote the observance of  international and regional standards regarding detention of migrants and asylum seekers and to monitor the compliance of governments with those standards

á      The creation of aÓ toolboxÓ of materials to educate a broad range of people on the issues. 

á      The organization of meetings, conferences and seminars that would provide an opportunity to network, share information and strategy and to invite, liaise and lobby governmental personnel. 

 

In addition to the advocacy which we as groups and individuals carry out at the local level, we would propose to aim our advocacy at both national governments and institutions that would be in a position to establish regional or international standards for detention, such as the Organization of American States, the European Union, the Organization of National Unity and other regional and international organizations.

 

Research and Reporting 

The coalition would promote research in order to develop a comprehensive information base on the statistics, laws, practices and procedures of governments around the world regarding detention of asylum seekers, refugees and migrants. Related activities might include  

 

o      The publication of a Detention Monitor:  regular report (two or three times a year) with news from around the world on detention of asylum seekers, refugees and migrants (including information on statistics, best/worst practices, conditions, costs, locations. . . .etc.)  

 

 



[1]   References made throughout this document to asylum seekers, refugees and migrants include men, women and children in the following categories:   documented and undocumented migrants; asylum seekers with pending applications; recognized refugees; rejected asylum seekers.