ņņ Are foreigners in an irregular situation systematically placed in immigration detention after serving a criminal sentence? Policies and practices relevant to detention of stateless persons and alternatives to detention available to such individuals should also be considered: ņņ Are there any known cases of stateless persons in detention? ņņ Are there any known cases of stateless persons who were released from detention? ņņ If so, was the person recognized as a stateless person through the competent authority, and did they subsequently receive the right to stay in the country? How did the authorities ensure that further detention was avoided? ņņ What are the alternatives to detention available in law or policy, and which ones are implemented in practice? ņņ Are any specific alternatives to detention established by the country for stateless persons? (This could include a specific visa or reporting requirements, for example). If not, would the authorities consider setting up such alternatives? To find out more about alternatives to detention, please consult: •  UNHCR Options Paper 1: Options for governments on care arrangements and alternatives to detention for children and families; • UNHCR Options Paper 2: Options for governments on open reception and alternatives to detention; • UNHCR Executive Committee of the High Commissioner’s Programme Standing Committee, Alternatives to detention, EC/66/SC/CRP.12.24 24 Global Strategy Beyond Detention 2014-19 Goal 1: Ending the detention of children OPTIONS PAPER 1: Options for governments on care arrangements and alternatives to Global Strategy detention for children andBeyond families Detention 2014-19 Goal 2: Ensure alternatives to detention are available in law and implemented in practice What are alternatives to immigration detention (ATD) for children and families? Any legislation, policy or practice that allows children, whether accompanied or not, to reside OPTIONS PAPER 2:in the community or, when unaccompanied or separated, in appropriate reception or care arrangements where protection and assistance are provided to meet their specific needs. Options for governments on open reception and alternatives to detention Alternatives to detention are non-custodial, and must not become alternative forms of detention. They should respect the principle of minimum intervention and fulfil the best interests of the child, along with his/her rights to liberty and family life. Overall an ethic of care – and not enforcement – needs to govern interactions with asylum-seeking children, including children in families. Liberty and freedom of movement for asylum-seekers are always the first options. What are alternatives A CHILD means any person under the age of 18, unless under the (national) law applicable, majority is attained earlier (Art 1, Convention on the Rights of the Child (CRC)). UNACCOMPANIED CHILDREN: Children who have been separated from both parents and other relatives and are not being cared for by an adult who, by law or custom, is responsible for doing so. to detention (ATD)? Any legislation, policy or practice that allows asylum-seekers to reside in the community subject to a number of conditions or restrictions on their freedom of movement. Some unaccompanied or SEPARATED CHILDREN: separatedmust children may Children separated from to detention Alternatives not become alternative forms of detention, nor be imposed where no condiORPHANS, who are They should respect the principle of minimum intervention and pay both parents,tions or from on release orbeliberty are required. both ofofwhose their previous legalattention to children close the situation particularly vulnerable groups. parents are known to be or customary primary deceased. care-giver, but not and freedom Liberty of movement for asylum-seekers are always the first options. necessarily from other UASC = unaccompanied relatives. These may, or separated child/ therefore, include children children who are accompaniedWhy by other alternatives? Alternatives WORK when asylum-seekers, refugees adult family members. asylum-seekers and other migrants: or other migrants. • International law requires that detention must be a measure of last resort 1 are treated with dignity, humanity and respect throughout the relevant immigration procedure; • Alternatives avoid arbitrary detention • Costs associated with legal challenges to detention, and high compensation bills, are reduced 1 2 are provided with clear and concise information about rights and duties under the alternative to detention and consequences of non-compliance; • No evidence that detention deters irregular movements 3 are referred to legal advice including on all legal avenues to stay; • Alternatives are significantly cheaper than detention – 10 times cheaper 4 can access adequate material support, accommodation and other reception conditions; and • Cooperation rates with alternatives are sound – between 80-95% compliance rates • Short- and long-term psychological and physical harm to detainees avoided 5 are offered individualised ‘coaching’ or case management services. • Trust and co-existence between asylum-seekers and their host communities are enhanced 1 See UNHCR Executive Committee of the High Commissioner’s Programme Standing Committee, Alternatives to detention, EC/66/SC/CRP.12, June 2015, available at: http://www.refworld.org/pdfid/58638ecf4.pdf. A tool for their identification and enhanced protection 15