Le deuxième Forum Mondial des Droits de l'Homme se tient actuellement à Marrakech, et se terminera le 30 novembre prochain.
De nombreux prestigieux intervenants, tels que Shirine Ebadi, Malala Yousafzai, toutes deux lauréates du Prix Nobel de la Paix; Robert Badinter, ancien Garde des Sceaux de la France; Elena Valenciano Martinez Orozco, Présidente de la Sous-Commission des droits de l'homme du Parlement Européen; Fatou Bensouda, Procureur général de la CPI; Saadia Belmir, Vice-présidente du Comité des Nations unies contre la torture; Karim Lahidji, Président de la Fédération internationale des ligues des droits de l’Homme ou encore Navy Pillay, Ancienne Haut commissaire aux droits de l’Homme.
Avec des forums thématiques tels que "droit à l'environnement et justice climatique"; "les professionnels de la santé face à la torture"; "quelles dynamiques pour les droits des femmes en Méditerranée?"; "ville et droits de l'homme", cet évènement promet d'être riche en réflexions et, espérons le, en avancées pour la protection des droits de l'homme.
End Child Slavery has authored a petition that is aimed to be hand delivered to the UN Secretary General Ban Ki-Moon.
According to this organisation, there are around 5.5 million of children who suffer slavery and 26% of them are under 18 years old. With this petition, End Child Slavery hopes to put child slavery on the UN Sustainable Development Goals agenda for the next 15 years.
You can sign the petition at:
The report, entitled "The use of detention and alternatives to detention in the context of immigration policies" was prepared on the basis of National Contributions from 26 European Migration Networks National Contact Points.
According to the report, the most common grounds for detention are "risk of absconding"; "establishing identity of the third-country national" followed by "threat to national security and public order"; "non compliance with the alternatives to detention"; "presenting destroyed or forged documents" and "reasonable grounds to believe that the person will commit an offence".
The use of immigration detention facilities is a common practice across all Member States, with the exception of Ireland where third-country nationals are detained in prisons.
Concerning the detention of vulnerable people, including unaccompanied minors, accompanied minors and families with children, pregnant women and victims of trafficking in human beings and torture, it is either explicitly prohibited or possible only in exceptional circumstances in the vast majority of Member States.
As for the alternatives to detention, 24 out of the 26 Member States have developed alternatives such as: reporting obligations; residence requirements; the obligation to surrender identity or a travel document; release on bail; electronic monitoring; provision of a guarantor; and release to a care worker and under a care plan. However, community management programmes, which enable immigrants to live independently in the community under the supervision and care of a case manager, are not available in any of the 26 Member States participating in the study.
All Member States provide access to free legal advice to persons accommodated in detention facilities, except in Hungary where legal aid is reported to be at the detainee's expense. Legal advice is partially free in Luxembourg and Germany. Moreover, in Estonia and Malta, legal advice is provided solely for the purposes of an appeal against the return decision.
Available statistics collected for the period 2009-2013 show that the total of third-country nationals in detention has decreased by some 5% per annum. These figures are based on statistics provided by 24 Member States.
Moreover, in 2013, France, Austria, Belgium and Sweden were the countries where the largest number of third-country nationals were provided with an alternative to detention.
The average length of detention in 2013 for 17 out of the 26 Member States participating in the study was around 40 days. The highest average detention period in 2013 was recorded in Malta (180 days) while the lowest average number of days was observed in Sweden (5 days).
The report draws the following conclusions:
- The impact of detention and alternatives to detention on the ability of states to reach and execute prompt and fair return decisions “may be rather insignificant".
- Placing persons in an alternative to detention is less costly than placing them in a detention centre;
- The fundamental rights of persons in detention are at greater risk than they are for persons placed in alternatives to detention; and
- The risk of absconding could be greater in case of alternatives to detention, while as a whole this risk is very low or non-existent in the case of detention.
Posted by Flavie Fuentes
Jos Wienen, chairman of the committee of asylum of the Association of Dutch Municipalities (VNG), has recently declared that municipalities intend on organizing shelters for unsuccessful asylum seekers.
This decision came just after the European Committee of Social Rights ("ECSR") ruled on the Netherlands' failure to comply with its obligations in respect of asylum seekers and undocumented migrants.
In 2013, following a complaint submitted by the Conference of European Churches, the ECSR invited the Netherlands to take the following immediate measure, in accordance with Rule 36 (Rules of the Committee):
"Adopt all possible measures with a view to avoiding serious, irreparable injury to the integrity of persons at immediate risk of destitution, through the implementation of a co-ordinated approach at national and municipal levels with a view to ensuring that their basic needs (shelter, clothes and food) are met; (...)".
In an article published in July 2014, the NGO Human Rights Watch described how unsuccessful asylum seekers, mostly from the African continent, lived in an abandoned multi-story indoor parking, the "refugee garage", in the outskirts of Amsterdam. These people, who obviously could not return to their countries of origin, were living in appalling conditions.
Forced destitution, this situation where failed asylum seekers are "forced to survive far below the poverty line", is widespread in Europe and does not only concern unsuccessful asylum seekers5.
Posted by Flavie Fuentes