Alternatives to detention
and their practical implementation
IDC Africa Regional – Kampala , July 30 2014
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Global trends
1. States are increasingly concerned about effective
migration management, especially with regards to
irregular migration.
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International legal framework: detention as a last resort
Custodial detention models have proven financially costly
Custodial detention has led to criticism for their impact on
human rights
No evidence that detention deters
1. There is an increasing global awareness, exploration
and implementation of alternatives to detention.
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Alternatives to Detention (ATD)
Any legislation, policy or practice
that allows for asylum seekers,
refugees and migrants to reside in
the community with freedom of
movement while their migration
status is being resolved
Photo: Migrant shelter
in Lebanon
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• Research: practices
in 28 countries
considered
• Highlighting
spectrum and the
benefits of ATD
• Community
Assessment and
Placement (CAP)
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What do alternatives look like?
Examples include:
• Documentation
• Legal aid
• Shelters
• Open reception centres
• Living with family or ethnic community
• Self sufficient/own recognizance
• Assisted voluntary return programs
• Case management
• Safe spaces to access information, emergency
assistance (e.g. drop in centers)
• Conditions
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Screening & assessment
Process & procedures for officers to assess*,
explore, refer to and/or implement alternatives
to detention in the first instance
Helps:
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Informed decision making
Avoid wrongful detention
Minimise use of resources
Minimise harm
Prevent unnecessary immigration
detention
*Where? Prior to and/or from detention
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Screening and assessment
Two
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Vulnerability considerations
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Community setting
Not just individual assessment – need
to look at the environmental context
Assists in determining factors that
support or undermine a person’s
ability to remain engaged in process
and comply with authorities during
status resolution
Decisions regarding referral, support
and management required can then
be made
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Screening, assessment & referral
Screening/A
ssessment
Case
planning
Referral &
implementatio
n
Review
Multi-stakeholder collaboration & coordination
Case management
Case
Resolution
Pulling it together: Benefits of collaboration
Every region:
•Middle East: Yemen, Jordan, Israel
•Asia Pacific – Hong Kong
•Europe - Belgium
•Americas – USA. Mexico
•Africa
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Summary - CAP
Spectrum of mechanisms to help prevent unnecessary
immigration detention
By assessing the individual context, referring to community
programs and applying conditions in the community if required,
governments can make informed decisions on individual
placement, management and support requirements and prevent
unnecessary detention
Collaboration to ensure screening, assessment & review
Case plan & referral
Implementation
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