COVID-19 IMPACTS ON IMMIGRATION DETENTION: GLOBAL RESPONSES
The authorities’ efforts to assist migrants during the crisis are without
parallel and represent a significant step forward for migrants’ inclusion
in Tunisian society more generally. However, these efforts were
impacted by several factors: the need to collect personal data to avoid
multiple donations to a single person; the irregular status and risk of
detention and expulsion of many beneficiaries; the insufficient amount
of private funds raised and the almost complete absence of public
money; and the failure to apply this aid mechanism in regions outside
the capital. Finally, the presence of multiple public actors working
with migrants and the absence of a single, central body to manage the
national migration strategy hindered the implementation of a faster,
more effective response to the crisis.
SPECIFIC ACTIONS TO ASSIST MIGRANTS
IN DETENTION
Migrants in detention were the target of specific action by several
associations in Tunisia. This was part of a broader international appeal
to provide assistance to migrants held in detention centres where their
lives are endangered by poor sanitary conditions. In the country, people
subject to expulsion are held in a detention centre (the ‘Ouardia Centre’)
until they are able to find a way of funding their repatriation. During this
period, field missions to the Ouardia Centre were organised to provide
emergency aid and to ensure that migrants’ rights were being protected.
This allowed Terre d’Asile Tunisia, for example, to help 50 detainees
by distributing hygiene and protection kits, as well as food, and to
record their testimonies in order to raise wider awareness and improve
coordination between associations. Several associations working
together as a coalition (Terre d’Asile Tunisia, Lawyers without Borders,
World Organisation against Torture, and Tunisian Forum for Economic
and Social Rights) lobbied for improved measures to protect the health
of the people held in Ouardia, demanding the immediate release of
the detainees in view of the exceptional circumstances. However, the
emergency situation also acted as a trigger for broader, more farreaching legal and political advocacy to highlight the irregularities
of migrant detention, considered to be abusive, 3 by this coalition of
associations, who called for an immediate end to the practice.
CONCLUSION: WHAT NEXT?
The response to the COVID-19 crisis in spring 2020 was beset by
obstacles and difficulties. Nevertheless, it saw the emergence of new,
promising dynamics for the future of migration in Tunisia. There was
a clear sense of solidarity towards the migrant population, migrants
were included in the decisions affecting them within associations, and
unprecedented levels of collaboration emerged between civil society
organisations and the authorities. The COVID-19 crisis also provided
an opportunity for lobbying for an improved response to migration by
the authorities and better conditions for work and stay for migrants, as
well as challenging existing practices that restrict individual freedoms,
such as detention. To varying extents, this lobbying appears to have
made an impact on the Tunisian authorities, who have been open to
more inclusive discussions with civil society organisations, including
community associations. The efforts of civil society organisations to
transform these intentions into action must continue in the future,
in collaboration with town councils which are becoming more and
more sensitive to their responsibility for local migration governance.
These organisations must also continue to closely monitor changes
in the discourse and perceptions towards migrants to ensure that the
discrimination they suffer, which worsened in spring 2020, is brought
to an end.
ELISA CLAESSENS
Advocacy and Partnerships Officer, Terre d’Asile Tunisie
With the support of Yosra Allani, Coordinator of the Sfax Office,
and Michela Castiello, Coordinator of the Development Department,
Terre d’Asile Tunisie
This article has been translated from the original in French
In early June 2020, the coalition of organisations helped a group of
22 migrants detained in Ouardia to take their cases to the administrative
court. On 16 July, the court issued a historic ruling, ordering their
detention to be suspended on the grounds that it contravened Tunisian
law and the country’s international commitments. The migrants were
released several weeks later.
Besides the specific outcome of this action, it is also relevant to note
the collaboration between civil society organisations and public bodies,
in this case the National Authority for the Prevention of Torture (INPT),
which helped to make the lobbying campaign a success.
3 Indeed, there are no legal grounds for this practice in Tunisian law. Detainees do not receive written notification of their confinement and are also unable to challenge
the deprivation of their liberty. Moreover, the Ouardia Centre is not legally registered as a detention centre. Officially speaking, it is a ‘reception and orientation
centre’, which is currently under the oversight of the Ministry of the Interior. In practice, however, it is a place of incarceration.
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