Policy

1
Policy LobbyingEmpowering Direct Provision
Residents

• FLAC the Free Legal Advice Centres

2
Opportunities Strategic Issues

• Complaints Procedure
• Role of the Ombudsman
• Political lobbying
• Programme for Government
• Monitoring States Obligations
• UN International Monitoring Mechanisms
• International Human Rights Standards
• Immigration Residence and Protection Bill
• Single Procedure

3
Complaints Procedure

• Two separate components of the complaints
  procedure
• Informal and Formal resolution mechanism
• Issues and complaints dealt with fairly and in a
  speedy and effective manner
• Complaints made by residents against the direct
  provision accommodation centre
• Complaints made by the management of direct
  provision centre to resident who breaches the
  House Rules

4
Complaints against Service Provider by Resident
5
Complaints Against Resident made by Service
Provider
6
Complaints Procedure and Due Process

• Complaints against Service Providers referred to
  the Reception and Integration Agency (RIA)
• Contractual nature of RIAs relationship with
  centre managers
• No dedicated complaints section in RIA
• No review of decisions by a more senior official
• No record of complaints made by residents
• Right to Due Process and Fair Procedure
  Bunreacht na hEireann
• Article 6 European Convention on Human Rights
• Fair hearing before an impartial adjudicator
• Transfer Orders/Expulsion- no right to an oral
  hearing

7
Complaints Procedure and Joint Oireachtas
Committee

• Issue of complaints procedure arose in Joint
  Oireachtas Committee on Health and Children -12th
  October 2010
• RIA House Rules frivolous or vexatious
  complaints- Sec 4.3
• Impacting on any asylum applications
• RIA representative agreed to amend House Rules
• January 2011 Sec 4.3 removed New Section 4.3
• Making a complaint will not affect how other
  official agencies consider
• An asylum application
• An application for leave to remain or
• subsidiary protection application in the State
• Section 2.3 included
• deliberately making false, malicious and
  defamatory statements as offences under Irish Law

8
Parliamentary Questions on Complaints Procedure

• Caoimhghín Ó Caoláin TD Sinn Fein 11 May 2011
• Dara Calleary TD Fianna Fáil 7 February 2012
• Responses by Minister for Justice Alan Shatter
• RIA is satisfied that the structure of the
  complaints procedure ...is broadly in line with
  the guidelines set out by the Office of the
  Ombudsman for internal complaints systems.    
• Complaints to be dealt with informally or where
  they cannot be resolved referred onto RIA. Where
  complaint is about the decision of a RIA official
  on a complaint then it will be dealt with by
  another official.
• Referred to working group on House Rules with RIA
  and NGO participants stating It was the RIAs
  view that no clear model was cited during these
  discussions as to the make-up of an independent
  claims mechanism or how it could be implemented
  without undue cost and bureaucracy.

9
Office of the Ombudsman

• The Ombudsmans guide to internal complaints
  procedures
• Assist public bodies to establish efficient and
  credible internal complaints handling systems
• Improve quality service, cost effective, less
  time and resources
• Assurance that their complaints are being taken
  seriously and that they are being treated
  properly fairly and impartially
• Good internal complaints system to include
• Accessibility
• Simplicity
• Speed
• Fairness and Independence
• Confidentiality and impartiality
• Effectiveness and Flexibility

10
Office of Ombudsman and Residents Complaints

• Existing complaints procedure lacks impartiality,
  independence and support
• Residents have no faith in the current complaints
  procedure
• Fear of making complaints having a negative
  impact on their asylum applications
• Change to the House Rules does not seem to change
  that perception
• Proper appeals process is essential in order to
  maintain a standard of fairness

11
Political Lobbying

• Local TDs/Senators
• Writing Letters and visits constituency clinics
• Contacting local papers
• Visits to accommodation centres
• Identify potential allies/opposition
  spokespersons
• Lobby front bench TDs
• Parliamentary Questions
• Joint Oireachtas Committee hearings
• Continue to hold briefings on various aspects of
  the system
• Produce clear and accessible information
  materials
• Contact local councillors
• Asylum seekers and direct provision residents
  have the right to vote in local elections.
• This may provide an opportunity to seek support
  from local councillors.

12
Programme for Government

• Immigration and Asylum
• Introduce comprehensive reforms of the
  immigration, residency and asylum seekers, which
  will include a statutory appeals system and set
  out rights and obligations in a transparent way
• Review of appeals system
• Review of the Direct Provision system itself and
  failures of system re delays
• Freedom of Information and Ombudsman
• Extend remit of both to cover all statutory
  bodies (but see Shatter PQ response 7 Feb 12)
• Tackling poverty and promoting equality
• Elimination of child poverty
• Promote policies which integrate minorities
• Promote social inclusion, equality, diversity
• Promote the participation of immigrants in the
  economic social and cultural life of their
  communities

13
Programme for Government

• Monitor Accountability in PfG
• Monitor implementation of commitments
• Seek clarity on vague/ambitious aspects of the
  programme
• Highlight and question omissions through research
  and campaigning
• UN Independent Expert on Poverty
• Called on the State to review its Programme for
  Government and National Recovery to ensure that
  it complies with human rights principles,
  particularly the obligation to use the maximum
  resources available and to not take retrogressive
  measures in the protection of economic social and
  cultural rights, and consider reversing those
  measures which will disproportionately impact on
  the most vulnerable and excluded. 17th May 2011

14
International Monitoring Mechanisms

• UN Committee on Elimination of Racial
  Discrimination Concluding Observations of Ireland
  March 2011
• Reform of the direct provision system
• Independent appeals mechanism
• Impact of DP on physical and mental health
• Human Rights training for civil servants
• UN Committee Against Torture Concluding
  Observations of Ireland June 2011
• Amend the IRP Bill to bring it in line with
  international obligations
• Examine the decrease in positive determinations
  for refugee status
• Ensure migrants have the right to judicially
  review administrative decisions
• Immigration-related detention should be in
  facilities that are appropriate to status
• Human Rights training for civil servants
• UN Committee on Economic Social and Cultural
  Rights
• Draft third periodic report produced in December
  2011
• UN Committee on the Rights of the Child
• Report due 2007

15
UN Human Rights Council Universal Periodic Review
Outcome Report October 2011

• Government claimed steps were being taken to
  reduce unacceptable delays in parts of the
  system, i.e. Immigration, Residence and
  Protection Bill
• Country concerns
• Ireland is not following UNHCR guidelines on
  unaccompanied asylum seeking children (Czech
  Republic)
• long detention periods for asylum seekers
  inaccessibility of healthcare for asylum seekers
  (Brazil)
• variations in standards among privately operated
  centres in the Direct Provision system
  (Ukraine)
• Country recommendations accepted by government
• Ensure laws on separated and unaccompanied
  minors seeking asylum in conformity with
  international standards (Uruguay)
• Establish independent Appeals body for
  immigration and asylum issues (United Kingdom)
• Establish more effective procedures in
  determination of refugee status(Mexico)
• Enhance the position of children in the short
  term (i.e. extending the remit of the Ombudsman
  to children in prisons and asylum seeking
  children) (Netherlands)
• Take the necessary measures to avoid detention of
  asylum seekers (Brazil)
• More information on Your Rights Right Now
  Campaign http//www.rightsnow.ie/

16
Shadow Reports to UN Committees

• States which ratify international human rights
  treaties are subject to review and submit
  periodic reports to specific UN Committees
• Treaty Bodies may then invite NGOs to submit
  their own independent Shadow Reports
• Key chance to voice their human rights concerns
  and criticisms
• Purpose of Shadow Report is so UN treaty bodies
  do not rely entirely on the Governments Periodic
  Report

17
Examples of Shadow Reports

• NGO Alliance Against Racism (NAAR) Shadow Report
  in response to the Third Fourth Periodic
  Reports of Ireland under UN International
  Covenant on Elimination of Racism (Jan 2011)
• FLAC a member of the Alliance
• Raised concerns around the direct provision
  system and complaints mechanisms
• Separated Children
• Your Rights. Right Now. Irelands Civil Society
  Stakeholder Report on Irelands Examination under
  the Universal Periodic Review (2011)
• Government under review by UN Human Rights
  Council on 6th October 2011
• Government partaking in consultation process
  Govt report due 4th July
• NGO reports sent to UN Human Rights Council
• Lobbying for reform of direct provision system
  and asylum process generally.
• IPRT/ICCL Joint Shadow Report to UN Convention
  Against Torture
• Ireland under review in May- Concluding
  Observations June 2011
• Reform of Asylum Process and Issues surrounding
  Deportation

18
UN Convention on the Elimination of Racial
Discrimination

• NGO Alliance Against Racism Shadow Report
• An independent complaints mechanism should be
  established for those in Direct Provision in line
  with the guidelines of the Ombudsman
• Direct provision system should undergo a radical
  review in light of the serious concerns as to its
  negative impact on residents
• Concluding Observations of Ireland 11 March 2011
• The Committee is further concerned at the failure
  by the State party to provide for an independent
  appeals tribunal considering that the remit of
  the Office of the Ombudsman does not extend to
  asylum and immigration matters (article 2, 5 and
  6)
• The Committee recommends that the State party
  strengthens its efforts to sensitise relevant
  civil servants on human rights issues
  particularly against racism and intolerance by
  ensuring that human rights training is
  mainstreamed in the civil service.
• The State party should take all necessary
  measures to improve the living conditions of
  asylum seekers by providing them with adequate
  food, medical care, and other social amenities
  including also a review of the direct provision
  system

19
UN Committee Against Torture Concluding
Observations of Ireland

• The Committee recommends that the State party
  should pursue efforts aimed at strengthening the
  protection of persons in need of international
  protection.
• The Committee recommends that the State party
  should investigate the increased drop in positive
  determinations for refugee status to ensure that
  applicants are processed following due process.

20
UN Independent Expert on Human Rights and Extreme
Poverty Mission to Ireland 2011

• UN Independent Expert, Magdalena Sepúlveda
  Carmona, visited Ireland from 10 to 15 January
  2011
• FLAC other NGOs sent submissions and made
  presentations to the Expert highlighting concerns
  on DP asylum system
• DP system limits the autonomy of asylum seekers
  and impedes their family life
• Calls for asylum seekers to be allowed access the
  labour market an essential element of complying
  with ICESCR
• Report of Mission to Ireland (17th May 2011)
  issued recommendations
• The Independent Expert reminds Ireland that
  asylum seekers and refugees must be guaranteed
  the enjoyment of all human rights, including the
  right to privacy and family life, an adequate
  standard of living and adequate standards of
  physical and mental health, rights that
  complement the provisions of the 1951 Refugee
  Convention

21
UN Independent Expert contd.

• Recommendations contd.
• The Independent Expert calls on the Government to
  quickly adopt a single procedure for determining
  refugee and subsidiary protection claims, with
  strong protection elements, and to ensure that
  asylum seekers enjoy the full range of economic,
  social and cultural rights including the right to
  work.
• Calls on the State to fully implement the EU
  Procedures Directive to ensure better protection
  of asylum seekers.
• Independent Expert presented findings to the UN
  Human Rights Council in early June 2011
• Independent Expert sent questionnaire to
  Government and NGOS to provide relevant
  information to assess the compliance with the
  recommendations made in the mission reports and
  the remaining challenges. FLAC submission
  (December 2011)
• Called for abolition of DP and advocated for
  fairness and transparency in administering DP
  scheme to ensure right to adequate standard of
  living

22
Council of Europe (CoE)Commissioner for Human
Rights Visit to Ireland 2008

• Commissioner for Human Rights, Mr Thomas
  Hammarberg, Report on his visit to Ireland in
  2008
• The Commissioner is concerned about the current
  state of accommodation for families and the
  deficiencies reported by Independent inspectors.
  The Commissioner is also concerned about the low
  degree of personal autonomy asylum seekers may
  retain throughout the process
• Recommendations
• Introduce temporary work permits for asylum
  seekers
• Implement the principle of the best interests of
  the child in decisions within the field of
  immigration and refugee law related to children.
• Provide family accommodation to families with
  children seeking asylum in Ireland
• Ensure that the right to remain in Ireland during
  the procedure is granted to asylum seekers who
  appeal asylum decisions which raise questions in
  relation to Article 3 of the European Convention
  on Human Rights
• Introduce statutory provisions regulating family
  reunification for all groups of people

23
CoE Commissioner for Human RightsVisit to
Ireland 2011

• Commissioner for Human Rights, Mr Thomas
  Hammarberg, Report on his visit to Ireland, 1-2
  June 2011
• The Commissioner notes the ongoing work on the
  Immigration, Residence and Protection Bill 2010
  and encourages the authorities to speed up
  procedures with a view to putting a transparent
  framework in place, affording sufficient
  safeguards while processing case files with
  diligence and without undue delay for migrants
  and asylum-seekers alike. The Commissioner also
  expressed his concern about the overall length
  of asylum procedures under the current dual
  system which is unique among the 27 EU member
  states.
• The Commissioner is concerned at the lack of an
  overhaul of the overly complex asylum and
  immigration system. He urges the Irish
  authorities to complete work on current draft
  legislation with a view to ensuring transparent,
  speedy decision-making subject to judicial
  review, taking into account internationally
  agreed principles, such as the right to respect
  for family life and the best interests of the
  child. In this context, the Commissioner welcomes
  the progress made for separated asylum-seeking
  children, placing them into mainstream care and
  reiterates his previous recommendation to assign
  a guardian ad litem to each separated child as an
  additional safeguard to combat trafficking in
  human beings.

24
Immigration Residence and Protection Bill

• 2010 Bill fell with last government and restored
  by current government on 23 March 2011 no
  progress since
• Potential for reform of immigration system which
  could benefit Direct Provision
• Submissions to Joint Oireachtas Committees
• Policy submissions with suggestions for reform of
  the IRP Bill
• Send to secretary of the specific Committee
• CERD Concluding Observations re IRP Bill
• The Committee recommends that the State partys
  should pursue efforts aimed at strengthening the
  protection of all people from racial
  discrimination by improving the existing draft
  pieces of legislation and passing them into law.
  The Committee further recommends that the State
  party should improve the Immigration and
  Residence Protection Bill 2010 to provide for (a)
  the right of migrants to judicial review against
  administrative actions and prescribe reasonable
  periods within which to do so, and (b) the right
  of migrant women in abusive relationships to
  legal protection by providing them with separate
  residence permits.

25
Single Procedure

• Lack of a single procedure leads to protection
  gaps
• Lengthy delay placing burden on the State
• Single procedure would enable immigration
  officials to consider whether a person is
  entitled to all different forms of international
  protection at one time
• Streamlined approach to immigration application
  process thus decreasing time of asylum seekers
  residing in Direct Provision accommodation
• UN Independent Expert on Extreme Poverty called
  for the State to introduce a single procedure for
  determining refugee and subsidiary protection
  claims

26
More Information

• FLAC website www.flac.ie
• Direct Provision campaign page
  http//www.flac.ie/getinvolved/campaigns/current/d
  irect-provision-campaign/
• Policy submissions
• Irish Refugee Council www.irishrefugeecouncil.ie
• Policy submissions
• Programme for Government report
• RIA website www.ria.gov.ie
• Office of Ombudsman www.ombudsman.gov.ie
• House of the Oireachtas www.oireachtas.ie/parliame
  nt
• Office of the High Commissioner for Human Rights
  www.ohchr.org
• Council of Europe http//www.coe.int