AN AGENDA FOR CHANGE 1 21 BUILDING A MOVEMENT FOR CHANGE The European Network on Stateless (ENS) will work closely with its members and partners over coming months and years to disseminate this call for action and carry out advocacy towards ending the arbitrary detention of stateless persons and those at risk of statelessness in Europe. In so doing, ENS commits to disseminating the recommendations to key stakeholders including the Council of Europe Parliamentary Assembly, relevant expert groups and monitoring bodies in the Council of Europe, the Council of the European Union, the European Commission (including in conjunction with the European Migration Network and its recently launched Statelessness Platform), the European Parliament, UNHCR, UN Treaty Bodies and other UN Agencies. At country level, ENS commits to supporting its members and partners in their efforts to monitor and push for reform, including through engaging with parliamentarians, providing technical support to members engaging with state actors, and supporting strategic litigation, training, awareness raising, submissions to human rights monitoring bodies, and further research as appropriate. Working in collaboration with its members, partners and other stakeholders, ENS is seeking to foster a movement for change, and hopes that this report will serve as a useful resource to those working to end the arbitrary detention of stateless persons and those at risk of statelessness around the world. THE ADVOCACY CHECKLIST This checklist is a resource for those carrying out advocacy to identify priorities for reform related to the immigration detention of stateless persons or those at risk of statelessness. 99 Is your country a state party to both the 1954 and the 1961 Conventions? Has your country acceded to the core UN Human Rights Treaties and their optional protocols? 99 Does your country have a statelessness determination procedure (SDP)? If yes, does the SDP comply with UNHCR Guidelines? Do people have access to an SDP during decisions to remove and/or to detain? 99 Do authorities establish a destination country before issuing a removal decision and before detaining? 99 Does your country have an ‘alternatives to detention’ programme? Does it offer a wide range of community based options to meet the needs of different groups? Is detention only implemented as a last resort? 99 Is detention used for purposes other than those allowed under Article 5(1)(f) of the ECHR? 99 Is there a maximum time limit for immigration detention? What is it? 99 Are those subject to immigration detention entitled to substantive and procedural due process rights? Is detention ordered by a judicial authority? Is the detention order given in writing with clear grounds for detention? Is there a right to appeal and review the decision? Is there legal aid? 99 Does your country have rules governing the process of re-documentation and/or ascertaining entitlement to nationality for removal? Do these rules outline the respective roles of state and individual? Are the time limits for such processes clearly set out? 99 Are all detainees provided with information on their rights and entitlements in a language they understand? Do detainees receive information about where to get assistance including to challenge their detention? 99 Are individual vulnerability assessments carried out before detention and regularly during detention? Are children ever detained in your country? Are specific protections in place for women in detention? 99 Do detention centre conditions meet international standards? Are conditions non-punitive? Are detention centres regularly monitored by independent authorities? Do detainees have regular contact with family, lawyers, NGOs, UNHCR, other community/faith representatives? 99 Are detention review procedures adequate? Are those found not to be removable released without delay? Are those released provided with a legal status and basic rights, including the right to work, study, social security and healthcare? Is compensation provided for those whose detention has been deemed unlawful? 99 Does your country re-detain former detainees? If yes, is their previous time in detention taken into consideration when calculating the maximum period of detention? 99 Is statelessness accurately recorded and disaggregated in official statistics?