Reception and Reception and DetentionDetention

A European PerspectiveA European Perspective

Martin Wyss Martin Wyss

– – Chief oChief off Mission – Mission –

IOM Moldova IOM Moldova

Illegal MigrationIllegal Migration

Who’s to “blame” ? &

What can be done?

Who’s to “blame” ?Who’s to “blame” ?

THE SMUGGLERS/FACILITATORS ?THE SMUGGLERS/FACILITATORS ?

THE COUNTRIES OF DESTINATION ?THE COUNTRIES OF DESTINATION ?

THE COUNTRIES OF ORIGIN ?THE COUNTRIES OF ORIGIN ?

THE MIGRANTS ?THE MIGRANTS ?

Who’s to “blame” ?Who’s to “blame” ?

The smugglers (facilitators) - WHY The smugglers (facilitators) - WHY They exploit and endanger migrantsThey exploit and endanger migrants They undermine the authorities of the stateThey undermine the authorities of the state They are criminalsThey are criminals

Problem: Smugglers act Problem: Smugglers act (mostly)(mostly) on demand on demand

Who’s to “blame” ? Who’s to “blame” ?

The countries of destination – WHY ? The countries of destination – WHY ?

Inadequate control mechanismsInadequate control mechanisms Indiscriminate access to social benefitsIndiscriminate access to social benefits No alternative legal migration (points-No alternative legal migration (points-

based) systembased) system

Problem: ChangesProblem: Changes require radical new look at Migration Management require radical new look at Migration Management

Who’s to “blame” ? Who’s to “blame” ? The countries of origin – WHY ?

Lack of care for certain groups within society (push factors)

Poor investment climate (corruption)

Problem: 1. Some push factors beyond control (earthquakes..) 2. Nobody “enforces” human rights or social justice

Who’s to “blame” ? The migrants – WHY ?The migrants – WHY ?

For leaving? – NoFor leaving? – No For not understanding the concept of For not understanding the concept of

asylum ? - Noasylum ? - No For using smugglers? – NoFor using smugglers? – No For fraud and cheating? – YesFor fraud and cheating? – Yes For having criminal intentions?- YesFor having criminal intentions?- Yes

Problem: So far the rules apply too indiscriminately

What to do against smugglers?

Interception (e.g. ALOs)Interception (e.g. ALOs) Criminalization through Criminalization through

effective investigation and effective investigation and prosecutionprosecution

Lower demandLower demand

How to control who enters and who stays in your

country? Increase controlsIncrease controls Change the rules for access to Change the rules for access to

social benefitssocial benefits FacilitateFacilitate migration which migration which

benefits migrants and their host benefits migrants and their host society (work and taxes)society (work and taxes)

What can countries of What can countries of origin do?origin do?

Study who is leaving and how it Study who is leaving and how it affects the countryaffects the country

Investigate who organizes illegal Investigate who organizes illegal migrationmigration

Inform about dangers of illegal Inform about dangers of illegal migration and legal alternativesmigration and legal alternatives

MANAGING MIGRATION IS ABOUT BALANCING

NECESSARY CONTROLS WITH DESIRED FACILITATED

MIGRATION

Minimum standards on Minimum standards on

THE RECEPTION OF THE RECEPTION OF APPLICANAPPLICANTTS FOR ASYLUMS FOR ASYLUM

in in EU EU Member StatesMember States

Date of entry into force 06.02.2003Date of entry into force 06.02.2003

Final date for implementation in the Final date for implementation in the Member States 06.02.2005Member States 06.02.2005

Objective:Objective:

To set out minimum standards of To set out minimum standards of reception conditions for applicants reception conditions for applicants for asylum in order to ensure them a for asylum in order to ensure them a dignified standard of living; dignified standard of living; tto afford them comparable living o afford them comparable living conditions in all Member States and conditions in all Member States and

to limito limit t secondary movements.secondary movements.

Member States must guarantee:

- Certain material reception conditions, in particular accommodation, food, clothing in kind or in the form of a financial allowance. Allowances must be such to prevent the applicant from becoming destitute;

- Family unity;

- Medical and psychological care;

- Access to the education system for minor children and language courses to enable them to attend ordinary school.

Reduction or withdrawal of reception Reduction or withdrawal of reception conditionsconditions

Member States can reduce or withdraw reception conditions provided for in the proposal if the applicant:

- Disappears without reasonable cause, or does not comply with requests for information or fails to appear for personal interviews concerning the asylum procedure;

- Has withdrawn his application;

- Has unduly benefited from material reception conditions; - Presents a threat to national security or is suspected of having committed a war crime or a crime against humanity.

DETENTION IS AN ADMINISTRIATIVE NOT A PENAL MEASURE WHICH HAS TWO DIFFERENT LEGAL AND PRACTICAL BASES:

   1. DETENTION PENDING FORCED OR VOLUNTARY RETURN

   2. DETENTION OF ASYLUM SEEKERS TO FACILITATE SPEEDY PROCESSING OF ASYLUM CLAIMS. NOTE: NEGATIVE DECISIONS ALSO RESULT IN RETURN.

General justifications of detention in Europe

1. 1. Identification of asylum-seekers and Identification of asylum-seekers and irregular immigrantsirregular immigrants

Asylum-seekers often arrive with Asylum-seekers often arrive with incomplete identification papers. incomplete identification papers.

Asylum-seekers can apply several times Asylum-seekers can apply several times for asylum; the still not functioning for asylum; the still not functioning EURODAC shows that 7% of asylum EURODAC shows that 7% of asylum applications made in more than one applications made in more than one

country. country. Detention is justified in order to identify Detention is justified in order to identify

the persons.the persons.

2. Medical screening2. Medical screening

Detention is often justified for reasons of Detention is often justified for reasons of medical screening. medical screening.

Asylum-seekers might bring contagious Asylum-seekers might bring contagious diseases to the country. diseases to the country.

Thus detention is regarded partly as a Thus detention is regarded partly as a protective measure (health of the resident protective measure (health of the resident

population). population).

3. 3. Screening asylum-seekers and irregular Screening asylum-seekers and irregular immigrants against the background of immigrants against the background of international terrorisminternational terrorism After 11 September 2001, the EU Member After 11 September 2001, the EU Member States looked at reinforced security States looked at reinforced security safeguards to prevent terrorists from safeguards to prevent terrorists from gaining admission to their territory gaining admission to their territory through different channels.through different channels.Thus officials regard detention also as a Thus officials regard detention also as a way of keeping a person in custody while way of keeping a person in custody while being screened to make sure that the being screened to make sure that the person is not a person is not a (potential) terrorist.(potential) terrorist.

4. 4. Facilitation of processing asylum claimsFacilitation of processing asylum claims As regards detained asylum-seekers, As regards detained asylum-seekers, officials stress that detention facilitates officials stress that detention facilitates the processing of asylum claims: public the processing of asylum claims: public authorities are able to get more easily in authorities are able to get more easily in touch with the asylum applicants when touch with the asylum applicants when they are kept at a place they cannot they are kept at a place they cannot leave. So detention is also leave. So detention is also seen to be a contribution to speedy seen to be a contribution to speedy processing.processing.

RECEPTION AND DETENTION ONLY RECEPTION AND DETENTION ONLY MAKE SENSE IF THEY CAN BE MAKE SENSE IF THEY CAN BE

FOLLOWED-UP WITH FOLLOWED-UP WITH

RETURNSRETURNS

IOM’s Role IOM’s Role

1. IOM does not take a ‘normative’ position against closed centres. They 1. IOM does not take a ‘normative’ position against closed centres. They are are common elements in the migration management systems in most common elements in the migration management systems in most countries, countries, including those of the EU. including those of the EU. 2. IOM assists governments in building their capacity to operate such 2. IOM assists governments in building their capacity to operate such centres in a centres in a manner consistent with common international standards, but does not manner consistent with common international standards, but does not directly directly engage engage in government functionsin government functions such as building or operating such such as building or operating such centres. IOM assists governments in providing centres. IOM assists governments in providing additionaladditional humanitarian humanitarian services to services to reception centre populations, whether in closed or open facilities, reception centre populations, whether in closed or open facilities, including health including health services, migration information services and other services. services, migration information services and other services. 3. IOM also continues to promote and directly assist with the provision of 3. IOM also continues to promote and directly assist with the provision of less less restrictive options, including assisted voluntary return, open restrictive options, including assisted voluntary return, open service/reception service/reception centres, and centres for special support to vulnerable migrants. centres, and centres for special support to vulnerable migrants.

4. IOM does not become operationally involved in deportations and forced 4. IOM does not become operationally involved in deportations and forced removals.removals.

INFORMATION WORK AHEADINFORMATION WORK AHEAD

MIGRANTS MUST BE INFORMED MIGRANTS MUST BE INFORMED ABOUT THE REQUIREMENTS, ABOUT THE REQUIREMENTS, CONDITIONS AND CONSEQUENCES CONDITIONS AND CONSEQUENCES OF THE ASYLUM (ADJUDICATION) OF THE ASYLUM (ADJUDICATION) PROCESS. PROCESS.

MIGRANTS MUST BE INFORMED MIGRANTS MUST BE INFORMED ABOUT THEIR RIGHTS ABOUT THEIR RIGHTS ANDAND DUTIES. DUTIES.