Alternatives to detention: the role of the community and best practices

1. Alternatives to detention: the role of the community and best practices Riga, Latvia 2015

2. Session overview • Global trends • What are alternatives to detention (ATD)? • International research findings • Best practices in community-based ATD models

3. Global trends • States are increasingly concerned about effective migration management, especially with regards to irregular migration. • Detention models have proven financially costly. • Detention has led to criticism for their impact on physical and mental health, and violations of human rights. • No evidence that detention deters irregular migration. • There is an increasing global awareness, exploration and implementation of ATD.

4. What are ATD?

5. What are ATD? • No internationally agreed-upon definition • ATD are not a legal concept, but are derived from the right to liberty (art. 9, ICCPR; art. 5, ECHR) • Justified by a legitimate state objective; • In accordance with the law; • Non-arbitrary; • Not a physical location to place someone, but a wide range of strategies, policies and practices

6. What are ATD? Any law, policy or practice by which persons are able to reside in the community, without being detained for migration-related reasons.

7. What are ATD? Any law, policy or practice by which persons are able to reside in the community, without being detained for migration-related reasons.

8. What are ATD? Any law, policy or practice by which persons are able to reside in the community, without being detained for migration-related reasons.

9. What are ATD? Any law, policy or practice by which persons are able to reside in the community, without being detained for migration-related reasons.

10. Research Findings • Research conducted in 28 countries • Highlighting spectrum and the benefits of ATD • The Community Assessment and Placement (CAP) model

11. Community-based ATD models

12. Community-based ATD models There are a range of community-based ATD options available to governments: • Initial screening and assessment tools • Temporary visas and provision of documentation • Safe spaces to access information and legal aid • Appointment of a case manager • Shelters for at-risk migrants • Ability to be self sufficient or to reside with one’s own family or ethnic community

13. ATD Benefits The benefits of ATD are many: • High rates of compliance • Cost is significantly cheaper than detention • Reduce wrongful detention and litigation • Reduce overcrowding and long-term detention • Protect and fulfill human rights • Increase voluntary departure rates for refused cases • Improve health and well being • Improve integration outcomes for approved cases Overview

14. ATD Benefits The benefits of ATD are many: • Cost is significantly cheaper than detention • High rates of compliance • Reduce wrongful detention and litigation • Reduce overcrowding and long-term detention • Protect and fulfill human rights • Increase voluntary departure rates for refused cases • Improve health and well being • Improve integration outcomes for approved cases Overview

15. ATD Benefits Cost savings • Alternatives cost less than detention. On average 80% cost savings Average ATD cost globally is $100 / day • For example: A cost saving of 93% was noted in Canada, and 69% in Australia, compared with custodial detention costs.

16. ATD Benefits Compliance • Alternatives maintain high rates of compliance and appearance. Globally, 90% average compliance rates • A recent study collating evidence from 13 programs found compliance rates ranged between 80% and 99.9%.

17. ATD Benefits Voluntary return • Alternatives increase independent departure and voluntary return rates for refused cases. On average 65% average – up to 82% reported • Examples in Canada, Australia and the US of both refused asylum seekers and irregular migrants demonstrated return rates of between 60% and 69%, while Sweden reported an 82% rate of return from the community among refused asylum seekers.

18. Key elements of successful ATD ATD programs are most successful when: • There is a focus on early intervention; • Individuals are informed and feel they have been through a fair process; • They provide holistic case management with a goal of case resolution, not simply removal; • Any conditions imposed are not overly onerous; • Individuals are able to meet their basic needs;

19. Positive Practices These positive practices can help to ensure ATD are successful: • Screening and Assessment • Case Management • Only limited resort to restrictions/conditions

20. Screening and assessment

21. Screening and assessment States with initial screening and assessment processes are better placed to make informed decisions on the individual support needs, availability of various placement options, and appropriateness of conditions, restrictions, or even detention as a last resort. • Informed decision making • Avoid wrongful detention • Minimise use of resources • Minimise harm • Prevent unnecessary immigration detention

22. Case management Case management is a strategy for supporting and managing individuals while their status is being resolved, with a focus on informed decision-making, timely and fair status resolution, and client well-being. • Focus on welfare, psychosocial and support needs • Investigate all immigration outcomes • Prepare, support and empower individuals throughout their immigration process • Improves cooperation and compliance with immigration requirements

23. Case management Successful case management strategies focus on case resolution, not simply return or removal. • Stabilize health and assist individuals to cope and have trust in the process. • Assist individuals explore a long-term sustainable solution, such as: • Exploring legal options to remain • Reassessment of new case information • Exploring third country options and relocation to other areas in country of origin • Exploring repatriation support needs and barriers to departure

24. Conditions or restrictions Successful community-based ATD only apply conditions when absolutely necessary and proportionate. • Individual undertakings - Requirements on an individual to comply and cooperate with an existing system, such as the provision of court dates, or regular reporting to a migration authority. • Monitoring & Supervision - Mechanisms such as registration, nominated address, or appointment of a dedicated migration officer. • Negative consequences for non-compliance– Provision of financial or other guarantees, such as bail, bond, or surety.

25. Summary By assessing the individual context, relying on community-based ATD programs and applying conditions in the community only when required, governments can make informed decisions on individual placement, management and support without resorting to unnecessary detention. Community-based ATD mechanisms reduce the financial and human cost of immigration detention while meeting government and community expectations.

26. Thank You