UNHCR releases revised guidelines on detention of asylum seekers; Arizona - immigration update
On 21 September, the Office of the UN High Commissioner for Refugees (UNHCR), issued
newguidelines on the detention of asylum seekers. They supersede the guidelines issued by the UN agency in 1999.
The guidelines, representing UNHCR policy, are intended as advice for governments and other bodies making decisions on immigration detention.
The guidelines’ main points are as follows:
- Seeking asylum cannot be considered a criminal act.
- In principle, the UNCHR opposes the detention of asylum seekers and should be avoided.
- Mandatory and indefinite forms of detention are prohibited under international law.
- Alternatives to detention should be employed first with detention used as a matter of last resort.
- Unaccompanied minors should not be detained and governments should pay special attention to other vulnerable asylum seekers including victims of torture, people with disabilities and elderly applicants.
- Detention should be subject to independent monitoring and inspection.
At a news conference in Geneva, UNHCR spokesperson Alice Edwards , expressed concern that there is growing use of detention in a number of countries, and she appealed to all governments to make better use of alternatives to detention.
Eleanor Acer of the US-based human rights advocacy organisation Human Rights First welcomed the guidelines, sayingthat they “are an important reminder that states must adhere to their refugee protection and human rights commitments when they resort to the use of detention”.
Meanwhile in other immigration matters, a judge in the US state of Arizona has ruled that law enforcement agencies can start enforcing the state’s controversial “show me your papers” immigration legislation. Police officers can now check the immigration status of anyone they suspect of being in the country illegally.