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REGIONAL RECEPTION OF ASYLUM SEEKERS IN IRELAND

A STRATEGIC APPROACH

Press release which accompanied launch of this document on 2 December 1999

The dispersal of asylum seekers will place new demands upon statutory and voluntary agencies and communities at a regional level. A strategic approach to regional reception is needed to prevent the marginalisation of asylum seekers within host communities. There is a need to recognise from the outset that many asylum seekers may remain in the community where they are placed.

Outside of Dublin infrastructure and experience in responding to the needs of asylum seekers are at present limited. A strategic approach should include the development of regional processes and infrastructure capable of responding to the needs of refugees and asylum seekers as ethnic and racial minorities so as to ensure their integration within Irish society. They should be included within the remit of anti-poverty and social inclusion policies at a national and regional level.

Dr Bryan Fanning

Social Science Research Centre, University College Dublin

Piaras Mac Éinrí

Director, Irish Centre for Migration Studies, National University of Ireland, Cork

November 1999

Please note that this document is still in draft form only.  Comments, criticisms and proposals are welcome. Please email us at bryan.fanning@ucd.ie or migration@ucc.ie

CONTENTS

  1 Introduction
  2 Terms and Definitions
  3 The Legal Status of Asylum Applicants
  4 Why plan for integration?
  5 Strategic planning
  6 Regional reception - some basic considerations
  7 Arrival and reception at regional level
  8 Accommodation at regional level
  9 Education and training
10 Income maintenance
11 Employment
12 Combating social exclusion
13 Health services
14 Freedom of movement and residence
15 Family unity
16 Asylum seeking women
17 Asylum seeking children
18 Civil and political rights of asylum seekers
19 Local government issues
Annex 1 ECRE general conclusions on asylum reception
Annex 2 ECRE position on conditions in reception centres.

1      INTRODUCTION

1.1    The introduction of a ‘dispersal’ (or regional reception - see 2.2) policy, as proposed by the Government in recent weeks, will place new demands upon statutory and voluntary agencies and host communities. A strategic approach to dispersal is necessary from the outset. The impetus for this policy relates to the need to accommodate asylum seekers, but accommodation needs cannot be addressed in isolation from other areas of need. The dispersal of asylum seekers will require immediate and ongoing responses from statutory and voluntary bodies. Decisions made at the initial stage of the dispersals programme will have long term effects.

1.2     The context of the current paper is the relatively rapid recent growth, albeit from a very modest starting point, in asylum applications. Regional reception arrangements pose new challenges because of the lack of infrastructure and policy to date. At the same time, it is argued that an opportunity now exists for the developing of exciting and effective public-voluntary partnerships linking official service providers, the voluntary sector, asylum seekers and refugee organisations.

1.3    This paper sets out a range of issues which should be addressed as part of a comprehensive policy for regional reception. It draws heavily (with appropriate amendments) on the Position Paper of the European Council on Refugees and Exiles (ECRE) on the reception of asylum seekers.

2      TERMS AND DEFINITIONS

2.1    This paper is concerned specifically with regional reception arrangements for individual asylum seekers, as opposed to the reception of programme refugees or persons under temporary protection. However, it is recognised that reception of these several statuses of persons are often closely inter-related, and it is therefore recommended that the capacities and expertise of people and organisations working with recognised refugees (including official service providers and NGOs) should be utilised, wherever possible, in the reception of asylum seekers.

2.2     The term 'dispersal' is unfortunate, implying as it does a involuntary, even punitive, process. It is suggested that the term 'regional reception' is both more neutral and more accurate. Moreover, it explicitly recognises the need for a concerted set of regional, in additional to national, structures and services.

2.3    Reception is here defined as commencing from the moment that an asylum claim is received, lasting throughout the period during which the application and any appeals are examined, until a final decision has been made. Where another State is deemed to be responsible for the examination of the asylum application, under the Dublin Convention or another such treaty or readmission agreement, the period of reception extends until the moment of departure to that State. During this time certain material provisions should be made available to each individual asylum seeker or asylum seeking family; this is the concern and responsibility of the receiving State.

2.4    Some basic propositions about reception may be stated:

a reception policy can prepare simultaneously for both possible outcomes of the asylum determination procedure, namely return or integration

certain standards of social reception are necessary for due process of law and a fair and efficient procedure

civil society (NGOs and refugee community groups in particular) has a valuable contribution to make to all stages of the reception process when properly supported by governments.

2.5    This paper emphasises the immediate need for legal assistance and procedural rights, and then goes on to describe the wider support and freedom that each asylum seeker requires during the asylum procedure. The conditions advocated take account of the fact that, at present, the determination of asylum claims in Ireland can take up to a number of years.

Non-discrimination and fast-track procedures

2.6    There should be no discrimination in standards of reception on any grounds. There may, however, be differentiation of services in order to positively assist those with special needs.

2.7    Asylum seekers whose applications are processed under fast-track procedures nevertheless require a standard of reception which fully respects their human rights as persons within the Irish jurisdiction and which does not in any way obstruct or deter them from pursuing their case, or from appealing against negative decisions.

3    THE LEGAL STATUS AND LEGAL RIGHTS OF ASYLUM APPLICANTS

3.1    It is necessary to be very clear about the legal rights of asylum applicants. These rights are guaranteed by the UN Convention Relating to the Status of Refugees 1951, as amended by the Protocol Relating to the Status of Refugees 1967. The definition of a refugee under the 1951 Convention, which has been incorporated into Irish law (Refugee Act 1996) is as follows:

'A person who, owing to a well founded fear of being persecuted on the grounds of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable, or owing to such fear, is unwilling to avail himself of the protection of that country; who, not having a nationality and being outside the country of his former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to  return to it...'

 

3.2    An applicant for asylum cannot be refused entry to the State or removed until s/he has been given an opportunity to present her/his case fully and until her/his application has been properly examined and determined. While a more narrowly defined accelerated procedure exists (the 'Hope Hanlan procedure') for 'manifestly unfounded cases', this accelerated procedure also provides for an appeals procedure before an independent authority. Pending a resolution in any particular applicant's case, that person has the right to remain here and to expect humane treatment from the State (2.3-2.7).

3.4    Most asylum-seekers do not, almost by definition, have regular papers and may have entered the State in a variety of irregular ways. The nature of documentation carried, or statements made to gain entry, should not ipso facto lead to the criminalisation of persons in such a position. Government policy statements should recognise the inherently unhelpful nature of the term 'illegal immigrant' in this context. Given the State's legal obligations in this field, it is also irrelevant whether some applicants subsequently are refused as 'manifestly unfounded' or for any other reason.  Nor should be fact that some applicants may be found to be 'bogus' impact in any way on the duties of the State towards all applicants or the rights of applicants in Irish and international law.

4     WHY PLAN FOR INTEGRATION?

4.1    According to current figures some thirty percent of asylum applications are upheld at appeal. There is a need to recognise from the outset that many asylum seekers may remain in the community where they are placed. The existence of poor and excluded asylum seeker and refugee communities can be threatening to community relations. Social justice and human rights concerns demand that asylum seekers and refugees should be able to live in dignity while receiving protection and being in a position to contribute to the host country. The regional reception policy should take a strategic approach to integration, resettlement and social exclusion.

4.2    Integration is a process of unifying individuals and activities into a new system. It means that minority groups and the majority group develop a new way of living, which includes elements of the values and ideas of both groups. Integration also means that everyone finds a place in society. There are no fundamental divisions between groups.

UNITED for Intercultural Action, Information Leaflet No. 13.

4.3    It follows from the above that integration and assimilation are quite different concepts. Achieving good communications between the majority and new minority groups will require the building of new bridges for social and cultural understanding. Such a process is a two-way one, engaging both newcomers and members of the host community. Strong community liaison programmes are as essential element of such an approach, as are the promotion of multiculturalism at regional level through a cammpaign of public awareness, educational initiatives and other measures.

5      STRATEGIC PLANNING

5.1    Strategic planning should be fostered nationally and regionally with the participation of public and voluntary agencies that have a role to play in the regional reception and resettlement of asylum seekers. Currently the programme is co-ordinated by a committee chaired by the Dept of Justice which includes representatives from Dublin Corporation, the Health Boards and the Department of Social Welfare. This committee should draw on the experience of the Refugee Agency, local authorities and the voluntary sector and include representatives of the Department of Education and Science, Department of Local Government and Environment and Department of Social, Community and Family Affairs and academic research centres. It should also draw upon the views and experiences of asylum seekers and refugees themselves.

5.2    Co-ordination at regional level of provision for asylum seekers is vital. Until recently most asylum seekers were located in Dublin where provision was, to some extent, co-ordinated. A successful regional reception policy will require regional planning and co-ordination by service providers and clear lines of regional responsibility. Co-ordination from the outset is vital, as outside of Dublin, infrastructure and experience in responding to the needs of asylum seekers and refugees is limited. Such co-ordination should encompass official service providers, the voluntary sector and the asylum community themselves.

5.3    The policy of regional reception is likely to result over time in permanent communities of black and ethnic minorities throughout Ireland. Regional reception policy needs to be linked to a strategic approach to responding to their needs and the needs of the host communities. This strategic planning should include:

The development of regional decision making processes capable of responding to the needs of refugees and asylum seekers as ethnic and racial minorities and to the needs of the host communities so as ensure the integration of refugees and asylum seekers within Irish society

A focus on responding to community diversity from the outset. Ireland is no longer a monocultural society. The experience in other countries of racial inequality amongst black and ethnic minorities has led to belated emphasis on anti-racist policies, and practices. In our own case, much can be learned from the experiences of Travellers (Task Force on the Travelling Community, 1995).

The development of a regional reception policy requires the development of some new regional infrastructures and the strategic co-ordination of specialist support for regional providers. Asylum seekers in Dublin have access to the one stop facility at Mount Street. A number of statutory and voluntary organisations in Dublin have developed responses to asylum seekers and refugees, even if this infrastructure has been found to be inadequate. Statutory and voluntary provision of services to asylum seekers and refugees outside of Dublin needs to be adequately resourced. It must be recognised that the impetus for a regional reception policy is, in part, the result of insufficient infrastructure in Dublin. It follows that care should be taken to strategically plan for adequate infrastructure on a regional basis. There is a need for financial resources. There is also a need for various forms of support for providers of services, especially in the areas of language training, community liaison and outreach programmes for women..

Learning from existing experience on regional reception. For example, Ennis Co. Clare has a long standing community of over 300 asylum seekers. The experience of the Mid-Western Health Board and other agencies and the Irish Refugee Council field office in Ennis should be utilised.

The regional reception policy should be monitored and evaluated from the outset within a strategic perspective of promoting the integration of refugees into Irish society

6     REGIONAL RECEPTION: SOME BASIC CONSIDERATIONS

6.1    A co-ordinated strategy on the regional resettlement of asylum seekers should be developed and implemented in a manner which locates asylum seekers in proximity to those from the same communities of origin where possible and which is implemented in consultataion with asylum seekers themselves.

Group Needs

6.2    A focus on group needs, recognising the specificity of such factors as language and ethnicity, would produce a number of benefits.

It would allow for the efficient targeting of support (e.g. translation and interpretation services)

It would facilitate mutual support amongst asylum seekers (e.g. in dealing with social isolation).

It would facilitate the strategic development of provision for asylum seekers and refugees in host communities (e.g. consultation, monitoring)

It would facilitate agencies working with asylum seekers

If proper group facilities are provided it would reduce subsequent re-migration of asylum seekers and refugees back to Dublin where facilities are already under strain. For example a 'dispersals policy' was instigated as a response to the Vietnamese programme refugees but many of these subsequently moved to Dublin. A more effective group-based approach might have been successful.

It would more easily enable the ongoing nature of the relationship between asylum seekers and their regions and countries of origin to be recognised and sustained.

It would facilitate the integration of refugees within Irish society

Individual Needs

6.3    Initial regional resettlement decision making needs to take account of the needs of individual asylum seekers. Some may need ongoing access to specific forms of health provision. Such decisions should be linked to an assessment of individual of need and group needs. Vulnerable women, and women with children, may require 'women only' accommodation.

6.4     Asylum seekers should be consulted in regional resettlement decision making. Some may have friends or relatives in particular parts of Ireland that they may wish to join.

7     ARRIVAL AND RECEPTION AT REGIONAL LEVEL

Reception facilities at borders

7.1    Asylum seekers who lodge their applications at border points and are accommodated in facilities at such points should be provided with all necessary assistance, including access to legal representation and medical services. If such facilities only provide basic necessities, such as food and shelter, no asylum seeker should be forced to remain there for a prolonged period but should instead be moved to a reception facility more fully equipped with other amenities.

The Asylum Seeking Process

7.2    The current basis of provision is the 'one stop' centre at Mount Street in Dublin. Asylum seekers who are accommodated outside of Dublin will face problems in attending hearings and accessing services. Whether they are on benefits or receiving direct provision the merits of a scheme to provide fully subsidised transportation and subsistence need to be weighed against the costs of decentralising one stop provision. It is therefore proposed that the following steps should be taken:

The establishment of regional one-stop shops for each health board area. The advantage is that this would foster regional co-ordination of a response to asylum seekers.

Consideration should be given to access problems of asylum seekers to provision and services in Dublin or regional areas. For example, how would asylum seekers accommodated in West Clare access services in Ennis if they own no transportation or cannot afford public transportation? How can women asylum seekers access services if there are no creche facilities?

Access to legal advice

7.3    The first right of the asylum seeker following admission to the territory is the right to independent legal advice. Asylum seekers should immediately be made aware of this right and enabled to exercise it without delay. This must include, where the financial situation of the asylum seeker requires, the provision of free legal aid.

7.4     All regional reception centres should be able to process asylum claims. There will also be a need to establish panels of locally-based solicitors familiar with asylum legislation and relevant caselaw. Consideration should be given to the provision of specialist training for lawyers in this field.

Provision of information

7.5    Asylum seekers should be informed of the procedures for refugee status determination at the earliest possible stage, prior to the first interview, and be kept well informed throughout the whole procedure. As a minimum, information should always be provided in writing in English, and orally in a language which the asylum seeker understands. Any regulations or conditions relating to reception should also be fully explained to the asylum seeker at the earliest opportunity.

7.6   It is the responsibility of the authorities to ensure that accurate and complete information is given to asylum seekers.  NGOs may, however, play a vital intermediary role as information providers.

7.7     At a later stage, the possible negative outcome of the determination procedure and its consequences should be carefully and fully explained to the asylum seeker.

Interpreters

7.8    Many refugees complain about the unsatisfactory services of interpreters. Their concerns include issues of impartiality, trust and competence. Insensitivity to feelings of shame during interviews (with particular reference to discussion of sexual assault or persecution on grounds of sexuality or gender) and insufficient technical knowledge are also commonly reported problems.

7.9    Interpreters should interpret accurately (i.e. - almost literally). The authorities should ensure that the asylum seeker understands the interpreter’s role and does not mistake it for that of either an advocate or a decision-maker. Training programmes for interpreters, and for those employing them, should specifically address this point and aim to improve overall technical knowledge. Wherever possible, professionally qualified interpreters, who are guided by a code of conduct, should be used.

7.10    The language used should, wherever possible, be the one requested by the asylum seeker and not merely a language which s/he is "supposed" to understand.

Reception conditions and procedural quality

7.11    Adequate conditions of reception are essential to the functioning of a fair and efficient asylum procedure. To enable an asylum seeker to be physically and mentally equipped to deal with the asylum interview process, reception must embrace more than just non-refoulement and the supply of most basic needs. It must ensure the independence and personal dignity of each asylum seeker.

7.12    Asylum seekers must possess a certain degree of confidence in the decision-making process and the authorities. Therefore each asylum seeker needs to be approached with respect for his/her dignity throughout the procedure.

7.13    This approach involves, for example, taking full account of language problems, taking the time to inform each asylum seeker of their rights and duties, dealing with each case on its individual merits, and approaching each person with an initial assumption of credibility. Upon arrival, asylum seekers generally need rest, space and respect. Both reception facilities and procedures should therefore seek to meet these needs.

7.14    Asylum seekers may have recently escaped from the most extreme experiences. They may be traumatised by the disappearance or death of family members and friends or by the experience of combat. Therefore all immigration officers and staff involved in provision of reception services should be trained in the needs and behaviour arising from these experiences, and act in an appropriately sensitive manner. In particular, asylum seekers should, wherever possible, be interviewed by an immigration officer of the same gender, and assisted with certain needs by staff of the same gender.

Reception in the framework of integration and return

7.16    It is important that the period of stay in a reception centre is as short as possible and does not exceed six months (see Section 7, Accommodation). Long term stay in reception centres may lead to 'institutionalisation' and loss of personal initiative, aversion to the host society, as well as unnecessary dependency on State care. These effects are detrimental to later integration, as well as to preparation for possible return.

7.17    If eventual integration or return is understood as the context of the State’s reception policy, such policy will then be designed to assist asylum seekers to prepare themselves for both possible outcomes. Therefore the basis should be that asylum seekers maintain as much autonomy as possible in their own lives.

The Role of Non-Governmental Organisations (NGOs)

7.18    Reception of asylum seekers is first and foremost the responsibility of the State (both central and local authorities). However, NGOs, asylum and refugee associations and/or communities, and other individual volunteers, can also play an invaluable role in the reception process and should be supported in this work. In Ireland, such organisations are concentrated for the most part, and for evident reasons, in the Dublin area. It is vital to encourage and support the growth of such networks as part of a successful regional reception policy and to provide the necessary resources for this to happen. Such measures should include support for ‘drop-in’ centres and similar initiatives.

7.19    The State has a responsibility and an interest in keeping citizens informed and sensitised to the needs of asylum seekers who may subsequently be recognised as refugees, and in discouraging racist or xenophobic imagery in the media which portrays asylum seekers in negative contrast to "real refugees". NGOs form an important link in this respect, promoting public awareness and fostering better understanding of the asylum issue.

7.20    NGOs can also play a valuable "accompanying" role in the introduction of the asylum seeker to the host society’s culture and codes of behaviour. These are usually best understood through direct experience of living in the community.

7.21    Designated NGOs, as well as UNHCR, should always be given access to reception facilities for monitoring of conditions and the provision of services.

8    ACCOMMODATION AT REGIONAL LEVEL

8.1    It is the responsibility of the State to ensure that asylum seekers have access to accommodation in decent conditions.

8.2    In November 1999 the Department of Justice, Equality and Law Reform advertised nationally for accommodation for asylums seekers. A number of army barracks are currently being considered for use in the accommodation of asylum seekers. The initial emphasis of accommodation policy will be to evaluate a number of options. There seems to be an emphasis on using hostel and barrack accommodation as distinct from rented flats and houses. It seems likely, in any event, that a number of forms of accommodation will be utilised.

8.3    Open reception centres such as army barracks, provided conditions are acceptable, may have certain advantages during the initial months following arrival, allowing easy orientation and access to advice, but should not be used to house asylum seekers (including asylum seekers whose applications have been rejected) remaining for a period of more than six months unless independent housing is absolutely unavailable or unless there is an emergency reception situation. (Detailed conditions which should be provided within such reception centres are listed in Annex 2.)

8.4    Wherever possible, asylum seekers should be able to obtain alternative forms of accommodation to reception centres if they so wish. Asylum seekers should therefore receive financial assistance sufficient to obtain independent accommodation, whether arranged by the authorities or the asylum seekers themselves.

8.5    Independent housing and community development (where such communities exist) should be the basis of any reception system for asylum seekers. Efforts should be made to monitor and evaluate the accommodation and services available to asylum seekers who live independently, as well as those provided directly within a centre, in order to ensure that they are of a sufficient standard.

8.6    There is evidence that large, crowded reception centres tend to create a number of problems for the individual residents. As a rule, therefore, centres should be as small as is economically feasible. This will also promote mutual support among asylum seekers and a greater sense of responsibility for the care and maintenance of the centre.

8.7    As far as possible, services should be provided outside the centres in a way that is integrated with service provision for local citizens. In order for this to be possible, reception centres should not be built in isolated locations.

8.8    Asylum seekers resident in reception centres or in housing provided by the State should not be transferred between locations unnecessarily, as this may disrupt both social support and the provision of legal or medical assistance. Asylum seekers should always be informed of relocation in time to notify legal representatives, family members etc.

8.9    Authorities responsible for the deportation of rejected asylum seekers should have only the same authorisation to enter reception centres as to enter independent housing.

Vetting and Regulation of accommodation

8.10    The selection of accommodation for use within the regional reception scheme needs to take into account the needs of asylum seekers. Some forms of accommodation will be unsuitable for families (e.g. shared accommodation and facilities). Other forms of accommodation will be unsuitable for vulnerable people and children. For example, in Ennis both male and female asylum seekers are initially accommodated above a Disco Bar. Such an establishment is particularly unsuitable for women with small children due to noise. It is also unsuitable for vulnerable women (such as victims of rape). Where asylum seekers are unable to move out of such accommodation to flats and houses it is important to ensure that such accommodation is thoroughly vetted initially and subsequently well regulated and that it is not inappropriately used to accommodate asylum seekers. Guidelines should be established for various forms of accommodation, which take into account necessary facilities (such as food preparation washing machines, eating, access to telephones) space standards, and safety (fire regulations and health and safety).

8.11    In particular, private sector hostel accommodation needs to be properly regulated. Recent reports in Dublin (Magill October 1999) indicate that exploitative overcrowding is the result of poor regulation in terms of planning permissions as well as in the administration of rent allowances etc. Agreements with landlords need to stipulate standards of accommodation and management. These could provide an efficient mechanism regulating provision.

8.12    A strategic accommodation policy is necessary whereby accommodation is allocated on the basis of need. This should be linked to a regional resettlement scheme. For example those with refugee status will ultimately be entitled to local authority housing or some other form of social housing provision.

9     EDUCATION AND TRAINING

9.1    Children must be given access to the State education system at the earliest opportunity, irrespective of where they are accommodated. When joining local schools, they will require induction into the new education system, and additional support to meet their particular linguistic and psycho-social needs.

9.2    State policies should assist asylum seekers in acquiring new education and skills in Ireland. All asylum seekers should be supported in these aims. Such a policy – if it meets both the asylum seekers’ needs and those of the State – will both prevent exclusion from the host society and facilitate re-integration upon return to the country of origin.

9.3    All asylum seekers should be entitled to basic training in English, since this is an indispensable factor in living among and developing good relations with the local population. The special needs of women asylum applicants, many of whom may not be able to attend formal classes for a variety of reasons, need to be taken into account through specific arrangements.

9.4    In Dublin a pilot programme for the provision of English language teaching in schools for refugee children has been extended to the children of asylum seekers. This programme should be extended to address the needs of children relocated under the regional reception programme and should be linked to a programme of support for schools in the regions. This support should be co-ordinated by the Department of Education as part of a strategic approach to responding to an increasingly diverse society.

9.5    Information on equivalence of training and qualifications is vital to ensure that those entitled to work can take up the job opportunities for which they are best qualified.

9.5    An effective and sustained campaign promoting awareness of ethnicity and diversity and countering racism should be put in place at primary and secondary level.

10     INCOME MAINTENANCE

10.1    Denial of necessary social assistance to asylum seekers amounts to forcing the individual into destitution and thus threatens his/her basic human rights.

10.2    Social assistance should be received as money sufficient to cover basic needs, and within a reasonable time. The provision of social assistance in kind or food is only appropriate in emergency situations of mass influx or at the first, temporary point of reception.

10.3    Current proposals for direct provision envisage giving asylum seekers pocket money. A number of arguments, relating to the regional reception process, can be made against direct provision as distinct from inclusion within the mainstream benefit system.

10.4    Direct provision increases the exclusion from society experienced by asylum seekers. Asylum seekers have needs which cannot be easily met by direct provision.e.g. to make phone calls as part of the process of seeking asylum, or to remain in contact with family in other countries.

10.5    Direct provision may stigmatise asylum seekers in communities. Differential treatment of people in welfare systems, from the nineteenth century Poor Laws onwards, have been found to contribute to social marginalisation. Moreover, policies which foster the marginalisation of asylum seekers serve to impose a long-term burden upon host communities in terms of community relations.

10.6    Asylum seekers are likely to be accommodated in a range of types of accommodation in rural and in urban areas. Direct provision may be feasible where there are organised shared facilities. But many asylum seekers are currently in rented flats and houses and have welfare needs similar to the indigenous community. The provision of shared facilities will be problematic where asylum seekers are accommodated in houses, flats or hostels. Ireland is a cash economy. Asylum seekers will have to make purchases and manage their lives the same as anyone else. A voucher system is likely to impose additional hardships upon asylum seekers.

10.7    The terms by which an asylum seeker may qualify for social assistance should be clearly defined by national legislation, including explanation of how the asylum seeker’s own ability to support him/herself will be assessed. Such legislation should be applied without discrimination.

11     EMPLOYMENT

11.1    Asylum seekers should benefit from access to the Irish labour market at the earliest possible stage. A reception policy which includes the right to work will simultaneously prevent exclusion from Irish society and facilitate re-integration upon return to the country of origin. Employment promotes self-sufficiency among asylum seekers and is therefore in the interests of the host State.

11.2    Employment conditions in Ireland at present are such that demand often exceeds supply. While a scheme has been introduced to enable certain asylum seekers to work, it does not appear to be operating effectively as yet. There is a need to improve the scheme and to give those who are eligible opportunities to access the labour market.

11.3    It is a matter of concern that where asylum seekers neither receive sufficient financial support on which to live, nor have the right to work legally, they will be forced to work in clandestine settings, where they may be at risk of exploitation.

12    COMBATING SOCIAL EXCLUSION

12.1    Social exclusion is a term with currency in Ireland for a number of years. The Partnership 2000 Agreement (1996) defined social exclusion in terms of 'Cumulative marginalisation: from production (employment), from consumption (income poverty), from social networks (community, family and neighbours), from decision making and from an adequate quality of life'. A year later the National Anti-Poverty Strategy (1997: 3, 4) employed a further definition:

12.2    Responses to asylum seekers and refugees need to be placed in the context of poverty proofing of all areas of social policy. In the case of asylum seekers National Anti-Poverty Strategy (NAPS) Poverty Proofing guidelines should apply to the regional resettlement policy. Poverty proofing if defined in Department of Social, Community and Family Affairs as:

13     HEALTH SERVICES

13.1    Asylum seekers should have access to health care (including care for both urgent and chronic needs) irrespective of where they are accommodated. Medical professionals should decide when a condition requires treatment, as opposed to the decision resting with an immigration official or the managing staff of a reception centre.

13.2    In addition, asylum seekers should be provided with specialised treatment for physical and psychological problems related to experiences in the country of origin or rising from the hardships of flight, uprooting and exile (such as guilt and anxieties about family members, uncertainty about the future, and adaptation to a new culture). Doctors assisting asylum seekers should be trained so that symptoms of distress are not mistaken for mental illness. Any counselling of asylum seekers requires cultural sensitivity, clear reassurance of confidentiality, and a high quality of language interpretation.

13.3    All immigration officers and staff involved in provision of reception services should be trained with regard to relevant cultural issues, psycho-social care specific to refugee needs, and particularly the experiences and needs of asylum seeking women and children (see sections 15 and 16)

13.4    It is recommended that State authorities establish a specialist organisation, or department of an existing organisation, to advise doctors in general on the health needs of asylum seekers and refugees, including cross-cultural health issues. Wherever possible, asylum seekers and refugees should be engaged as partners to meet the health needs of their community.

14    FREEDOM OF MOVEMENT AND RESIDENCE

14.1    The State should fully guarantee the right to freedom of movement within the host country.

14.2    Regional resettlement policies (such as those proposed above) which encourage asylum seekers to voluntarily settle in certain environments where they may be able to access services, find employment most easily, and enjoy the support of their community, are preferable to compulsory dispersal policies.

14.3    The freedom to reside in any area of the country may be subject to certain restrictions in order to ensure, for example, an equitable sharing of the responsibility for reception throughout the country. Such restrictions should never be imposed merely as a deterrent measure, nor merely to increase surveillance by the authorities. If restrictions are required, they must be proportional to the ends to be achieved, respect the right of family unity, be applied without discrimination, and for a limited period only. The restrictions should correspond to officially recognised boundaries (such as those between federal states within a country) and should not imply that asylum seekers receive greatly varying levels of assistance in different areas of the same country.

14.4    In general, it is the responsibility of the asylum seeker to notify the competent authorities of any change of address, and this should be clearly explained to each individual in a language which s/he understands. Penalties for failure to comply with reporting restrictions or with the rules of a reception system, or for failure to immediately notify the authorities of a change of address, should never lead to exclusion from the asylum procedure, nor negatively influence the person’s asylum application in any way.

15     FAMILY UNITY

15.1    It is a violation of the right to family unity that members of one family are sometimes forced to reside in different European countries while they await the outcomes of their asylum claims. The State should fully respect Article 8 of the European Convention on Human Rights and Fundamental Freedoms in the implementation of such agreements.

15.2    The principle of family unity should be respected throughout the reception process. All forms of accommodation, whether collective or independent, compulsory or voluntary, dispersed or without restriction, should preserve existing family units, respect privacy, and promote family reunification wherever possible.

16     ASYLUM SEEKING WOMEN

16.1    Detailed recommendations regarding the specific needs and circumstances of asylum seeking and refugee women are set out in the European Council for Refugees and Exiles (ECRE) position paper on this topic. The summary of key recommendations is as follows:

European States should develop best practice guidelines on the determination of asylum claims from women, at the regional and at the national level, and should ensure that the content of such guidelines is widely known and implemented at all levels.

Any of the five enumerated grounds can and should provide a legal basis for the recognition of women fleeing persecution as Convention refugees, in particular many claims from women can be determined on the grounds of religion or political opinion. This should be reflected in the practice of European asylum States, who should no longer grant secondary or 'de facto' statuses to women who are refugees within the meaning of the Convention.

European decision-makers should not evaluate gender-specific forms of harm according to a standard different from that applied to other forms of harm which may amount to persecution. Human rights instruments should be used as the basis for assessing the risk of persecution.

Where a woman was unwilling to seek protection from State authorities, for example where it would have put her at further risk of abuse by a male relative, this fact should not prejudice her claim to asylum. European receiving States should not exclude persecution by non-State agents from their common understanding of 'persecution', and should regard State authorities in the country of origin as bearing responsibility for any persecution by private individuals where those authorities have failed in their duty to protect the victim.

Country of origin information should be collected that has relevance as evidence in gender-related claims, and this information should be routinely utilised by decision-makers. A gender perspective should always be incorporated into decision-making regarding the 'safety' of a country of origin; conditions justifying use of the cessation clause; and the existence of an 'internal flight alternative'.

When a female asylum seeker arrives accompanied by family members, she should be informed in private of her right to make an independent application and to be interviewed without the presence of other family members. Female interpreters and interviewers should be made available.

Specific measures to address the physical safety of asylum seeking and refugee women in European asylum States should be introduced, particularly where collective accommodation is provided.

All asylum seeking and refugee women should be given direct and equal access to advice, information and services in the host State, and all refugee women should receive a legal status, and set of personal identity documents, independent of their male relatives.

Asylum seeking and refugee women should be consulted at all stages of policy and planning, and should participate proportionately in whatever systems exist to consult residents in places of collective accommodation. They should also be fully consulted to ensure that any 'voluntary return' of refugees to a country of origin is truly voluntary in nature.

All asylum statistics provided by European States (including recognition rates, figures for refugees resettled from overseas, and asylum seekers in detention) should include a breakdown by gender.

17     ASYLUM SEEKING CHILDREN

17.1    Detailed recommendations relating to the reception of refugee children, including unaccompanied minors, are to be found in ECRE's Position on Refugee Children, November 1996. The basis of those recommendations is that refugee children have the full rights of children as well as the full rights of refugees, which implies that "the best interests of the child" should inform all policy and procedures affecting the child. The summary of key recommendations is as follows:

Refugee children have the full rights of children and the full rights of refugees. This requires that each state should fully respect both the 1989 UN Convention on the Rights of the Child and the 1951 Convention relating to the Status of Refugees.

The "best interests of the child" principle should inform all procedures affecting the child.

Children's asylum applications should be given priority but the asylum procedure itself should not be accelerated.

Each refugee child has the right to be heard in any procedure affecting the child. Those who interview children should be appropriately trained, and should have a knowledge of child development and relevant cultural factors.

A refugee child should have the same social, economic, cultural, civil and political rights as other children living within the host state. There should also be special provisions to meet the needs of refugee children, for example in the areas of education and health care.

An unaccompanied refugee child should never be returned to a third country. S/he should never be subject to a detailed interview at the point of entry.

Each unaccompanied refugee child should be provided promptly with a guardian who designates or provides full parental responsibility, and with all necessary psycho-social support throughout the asylum procedure.

Each unaccompanied refugee child should be provided rapidly with legal representation throughout the full asylum procedure, at no cost to the child or those caring for the child.

An unaccompanied child, as a general rule, should not be returned to his/her country of origin after his/her asylum claim has been rejected, unless it is in that child's best interests and other necessary conditions are also guaranteed.

An unaccompanied child should never be detained, and detention of any refugee child should be avoided except in the most exceptional cases.

17.2    Children should, in some cases, be assisted directly as well as through their family, especially where the adult members of the family are depressed or preoccupied by their situation in exile. Children often symbolise the future hopes of the asylum seeking family and can play an active role in the recovery of that family after the experiences of exile.

18    CIVIL AND POLITICAL RIGHTS OF ASYLUM SEEKERS: A CHARTER OF RIGHTS

18.1    In addition to the rights and conditions described above, asylum seekers also possess the civil and political rights of persons within the jurisdiction of the State, as contained in the International Covenant on Civil and Political Rights and the European Convention on Human Rights and Fundamental Freedoms. This implies, inter alia, that they are free to engage in lawful political activities in Ireland, related to their countries of origin and/or their political opinions, without fear of penalty.

18.2     It is recommended that these rights, as well as the structures and services to which asylum seekers are entitled, should be embodied in a formal code.

19     LOCAL GOVERNMENT

19.1    Local elected representatives have a leadership role within communities. The experience of other countries is that local government has an important role in opposing racism within communities and in securing the integration of minorities within society.

19.2     Regional resettlement will call for new forms of consultative and decision-making structures at national, regional and local level, so that services can be delivered in a comprehensive and coordinated manner.

ANNEX 1: GENERAL CONCLUSIONS ON ASYLUM RECEPTION

(from ECRE position paper on asylum seeker reception)

ECRE’s recommendations of "best practice" in this area are based upon the principle that asylum seekers should be enabled to keep control over their own daily lives and encouraged to contribute to the host society, even if their stay in the country is brief. ECRE maintains that such policies, if adopted, will both prevent exclusion from the host society and facilitate re-integration following return.

The principle of non-discrimination is one of the foundations of successful reception policies. In particular, the standard of reception should not be dependent upon the time or place that an asylum claim is lodged. Nor should it be dependent upon the status of the claim, for example where an application is processed under the Schengen Convention.

Upon arrival, asylum seekers must have access to the refugee determination procedure, information on those procedures in writing, independent legal advice with the means to obtain that advice, and the services of a competent interpreter.

States should not restrict the freedom of movement of asylum seekers. Nor should they limit the freedom of asylum seekers to reside in any area of a host country unless such measures meet important criteria, such as respecting the right to family unity.

Asylum seekers should be provided by the host State with a choice between reception centres or the means to obtain independent accommodation. In addition, social assistance should be available to asylum seekers in the form of money sufficient to cover basic needs, and within a reasonable time.

Asylum seekers should not be housed in reception centres for more than six months unless there are exceptional reasons. Residents of reception centres should be involved both in the running of those centres.

Asylum seekers should have early access to the labour market. Employment promotes self-sufficiency among asylum seekers and is therefore also in the interests of the host State.

Asylum seekers should have access to health care, irrespective of where they are accommodated. Additional steps should be taken by States to ensure that the physical and psychological issues specific to asylum seekers are widely understood, and appropriately treated.

Asylum seeking children and teenagers should be given access to the State education system at the earliest opportunity.

State authorities should strive to keep the public sensitised to the needs of asylum seekers within the host society

ANNEX 2: CONDITIONS IN RECEPTION CENTRES

(from ECRE position paper on asylum seeker reception)

Within open reception centres, the following conditions (in addition to those general conditions relating health, education and language training which are listed elsewhere in this paper) should be met for all residents:

The residents (and in some cases ex-residents) should have a say in managing the material resources and non-material aspects of life in the centre through a representative advisory board or council, and should be given joint responsibility wherever possible;

Activities (recreational, educational, etc.) should therefore be designed to meet the expressed needs of the residents;

Professional staff in each centre should be responsible for ensuring good communications with, and information provision to, all residents;

The personal safety and security of all residents should be guaranteed at all times;

No unnecessary limitations on freedom of movement should be imposed;

Privacy (letters, telephone calls, etc) should be respected and living areas should be treated in conformity with the general laws of private property (i.e. - officials unable to enter or search without reasonable suspicion). If asylum seekers do not have private rooms, they should at least be provided with private lockers for their possessions;

Equal treatment of all asylum seekers within the centre should be guaranteed;

Provision for persons with special needs such as children, single women, elderly asylum seekers, and the physically or psychologically disabled should be made;

Provision for living in family groups, including extended family should be made;

Provision for living according to the prescriptions of one's religion or belief should be made;

Provision, if requested, to prepare one’s own food, observing cultural and religious diets, should be made as a matter of both good health and self-reliance;

Access to an independent/impartial arbitrator (ombuds person) who can resolve complaints and disputes should be guaranteed.

The authors are solely responsible for views expressed, errors and omissions.

comments, criticisms and proposals are welcome - please email us at bryan.fanning@ucd.ie or migration@ucc.ie