A global strategy to support governments to end the detention of asylum-seekers and refugees 2014-2019

Putting people in detention has become a routine – rather than exceptional – response to the irregular entry or stay of asylum-seekers and migrants1 in a number of countries. Some governments view detention as a means to dissuade irregular migration to or applying for asylum in their territories. While acknowledging that irregular entry or stay may present many challenges to States, detention is not the answer. Research in fact shows that not even the most stringent detention policies deter irregular migration, and further, that there are workable alternatives to detention that can achieve governmental objectives of security, public order and the efficient processing of asylum applications. Importantly, as seeking asylum is not an unlawful act, detaining asylum-seekers for the sole reason of having entered without prior authorisation runs counter to international law. Under international law, individuals have the right to seek asylum, and if they do so, to be treated humanely and with dignity. Access to open reception arrangements and fair and efficient status determination procedures need to be part of the overall State architecture. The Global Strategy will work towards addressing some of the main challenges and concerns around governmental detention policies and practices, including: ** Misconceptions about detention, its role and function. ** Lack of information regarding the availability, the types and effectiveness of alternatives to detention. ** The increasing rate and use of detention in a number of countries and/or its automaticity. Detention is assumed as the default position in immigration laws and State practice. ** The use of detention as a deterrent. Not only does detention not work as a deterrent, it is not a legitimate purpose for detention under international law. ** The lack of reliable statistics about the number and length of time persons are held in immigration detention, at both national and global levels.3 ** The limited access (in some countries) to places of immigration detention and limited capacity to carry out systematic monitoring of these places of detention by UNHCR and/ or its partners. ** The often precarious and substandard conditions of detention, including for persons with special needs or in situation of vulnerability.4 Conditions of detention must be humane and dignified.

 

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