POLISH NGOs ASSISTING MIGRANTS

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1 POLISH NGOs ASSISTING MIGRANTS

2 Undocumented migrants Issues of concern Limited legalization opportunities Lack of information Overusing of detention of undocumented migrants, including detention of children Lack of access to healthcare and housing Lack of help for victims of abuse on black labour market

3 Undocumented migrants What we do Provide legal aid Offer legal aid to persons in detention Offer social and psychological help Give information Conduct monitoring and advocacy work

4 Polish Migration Forum Organization that focusses on building positive relations between migrants and the Polish society. We focus on giving information and building awareness. We work with migrants to help them function in the Polish society. We work with Poles, to improve their understanding of migrants rights, and their capacity for functioning in multicultural environment.

5 Online information service for undocumented migrants Questions and answers online FREE, ANONYMOUS advice and information tool

6 Polish Migration Forum Our projects: Multicultural education for kids and adults Support for Polish schools hosting foreign pupils Leadership training for refugee women Building positive relationships in multicultural environments Training/capacity building for Polish professionals More:

7 Association for Legal Intervention Support legal and integration counselling for individual migrants Information education programs for and about migrants; spreading the citizen and law awareness in the society Policy influence the state politics through research and monitoring the application of the law and presenting our opinions to legal acts projects

8 Association for Legal Intervention Since 2005 we provide legal and integration counseling for migrants, including asylum seekers and refugees We intervene when migrants rights are violated and we fight against discriminatory regulations and practice We provide volunteer interpretors assistance We conduct research, monitorings, educational projects and organize trainings We publish articles and books about cultural and legal aspects of migrants functioning in Poland

9 Association for Legal Intervention By the end of 2010: We helped 6909 migrants, including 2261 forced migrants Our vounteers assisted 2736 migrants as interpretors We published 10 books, 37 analyses and reports

10 The Halina Nieć Legal Aid Center The Halina Nieć Legal Aid Center, (HNLAC) is a non profit non governmental organisation established in 2002 in Kraków. HNLAC s main objective is to protect human rights by providing free legal aid to persons at risk of social exclusion and discrimination, including the poor, victims of domestic violence, foreigners, asylum seekers and refugees. The HNLAC also monitors the adherence to standards of human rights, undertakes legal interventions and advocacy activities, and pursues research and educational projects. The Center also undertakes activities aimed at preventing and tackling human and child trafficking by organising social campaigns and offering legal aid to the victims.

11 The Halina Nieć Legal Aid Center Mission Statement: Free legal aid for socially marginalized people, whose rights and freedoms are violated; development of democracy; promotion of the concept of respecting human rights and the rule of law, and the development of civil society and promoting the culture of law in Poland.

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16 Amnesty International advocates for: ensuring that all member states apply adequate and equivalent standards of treatment and procedures related to immigration; reversing widespread use of immigration detention; more transparent and accountable border practices by member states and FRONTEX.

17 New campaign on migration for Europe A migrant s trajectory Abuses suffered while trying to get to Europe (as aconsequence of border control measures and agreements with third countries) Possible detention upon arrival (and at the moment of expulsion) Abuses suffered during stay (barriers in accessing basic services, obstacles to access to justice, abuses resulting from criminalisation, failure to establish systems for protection)

18 New campaign on migration for Europe 1. Migrants and asylum seekers human rights are respected during border control/return operations and in the implementation of any agreements with third countries on migration!transparency and accountability! How? Exposing human rights violations. Telling people s stories. Focus on southern borders of Europe in Irregular migrants and asylum seekers are no longer detained in Europe. Decisions to detain in individual cases must be in line with international human rights standards. How? Starting point: ending the detention of children. Solutions oriented: alternatives to detention. 3. Migrants and asylum seekers no longer face human rights abuses as a consequence of abusive migration control policies during their stay in Europe How? Country reports (racial profiling, access to justice). Developing strategic regional focus.

19 Polish Humanitarian Action Refugee and Repatriates Counselling Centre Polish Humanitarian Action We started our work in 1993 providing help for Bosnians. Shortly afterwards we began cooperation with UNHCR (Office of the United Nations High Commissioner for Refugees). We operated as an implementing partner of UNHCR until Since that time we have helped about 18,000 people.

20 Polish Humanitarian Action Our aim is to help with adaptation and integration of beneficiaries and forming an attitude of acceptance for these social groups in Poland. Our beneficiaries: I. Aliens a) people applying for refugee status b) people with one of the forms of protection within Poland (refugee status, complementary protection, tolerated stay permit) c) aliens of Polish origin, owning eg. Polish card d) families of repatriates e) people staying in Poland illegally II. Repatriates

21 Polish Humanitarian Action Our activities aim to: Change social attitude towards beneficiaries; Contribute to efficient support system for beneficiaries that promote effective integration with Polish society; Prepare beneficiaries to integrate successfully with Polish society; Bring about changes in law provisions to make the repatriation process easier for those seeking to repatriate to Poland Prepare people of Polish extraction and their families for repatriation to Poland.

22 Polish Humanitarian Action Our activities include: guidance help (eg. Work Club, help with social integration and legal advice) mediation with institutions and offices 2 Integration Common Rooms: Warsaw, Linin Integration Common Room for children: Grupa psychological support vocational courses computer training courses Polish and foreign language classes meetings and information materials

23 Polish Humanitarian Action Our activities include: integration events, sharing of history and culture portals: Refugee.pl, uchodzcydoszkoly.pl, FB trainings for teachers uchodźcydoszkoly.pl and repatriacja.org websites Refugee.pl website and magazine Refugee Review (films on refugee theme) World Refugee Day media campaign advocacy and promotion of abolition

24 Helsinki Foundation for Human Rights The Helsinki Foundation for Human Rights was founded in 1989 by the members of the Helsinki Committee in Poland. HFHR s mission is to promote the development of a culture based on the respect of freedom and human rights in Poland and abroad. The main areas of activity of the Foundation are: international education programs, education programs in Poland and activity in public including granting of cost free legal assistance to Polish citizens, refugees and members of national minorities.

25 Legal Assistance to Refugees and Migrants The lawyers of the program: provide legal assistance to the irregular migrants for example: in legalisation, in family matters, prepare the motions and appeals in deportation procedures, appeals to the court on detention for irregular migrants prepare opinions to draft legal acts

26 Legal Assistance to Refugees and Migrants representation during administrative proceedings prepare opinions to draft legal acts litigation in migration and asylum cases legal assistance to migrants in other than migration and asylum related cases integration assistance to migrants

27 Legal Assistance to Refugees and Migrants Visit our website at

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31 RETURN DIRECTIVE DIRECTIVE 2008/115/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third country nationals Transposition deadline: 24 December 2010;

32 RETURN DIRECTIVE The preamble: The use of detention for the purpose of removal should be limited and subject to the principle of proportionality with regard to the means used and objectives pursued. Detention is justified only to prepare the return or carry out the removal process and if the application of less coercive measures would not be sufficient. Article 15 Unless other sufficient but less coercive measures can be applied effectively in a specific case, Member States may only keep in detention a third country nationalwhoisthesubjectofreturnproceduresinorderto preparethereturnand/orcarryouttheremovalprocess DETENTION AS ULTIMATE MEASURE MEASURE OF LAST RESORT

33 ALTERNATIVES TO DETENTION Deposit of documents Residence at a specific address Bail/ financial guarantee Reporting Supervision by social worker Electronic monitoring

34 DEPOSIT OF TRAVEL DOCUMENTS Denmark, Finland, France, Ireland, Slovenia; May be applied together with other alternative measures; Protection of documents against damage or loss in order to avoid prolongation of deportation procedure.

35 RESIDENCE AT A SPECIFIC ADDRESS AND REPORTING REQUIREMENTS Measure applicable by law in the majority of EU countries; Residence may be limited to the territory of a specific commune or an open/half open centre; Departure must be justified and only after obtaining prior approval from the relevant body.

36 SOCIAL OR FINANCIAL GUARANTEE Denmark, France, Finland, Great Britain; Rarely applied since migrants who are in deportation procedure often do not have sufficient financial means; In Great Britain social guarantee is a subsidiary measure and is allowed unless other alternative measure can be applied.

37 Belgium, Sweden; SUPERVISION BY SOCIAL WORKER Measureappliedsince2008towardsfamilieswith children placed in open centres; The main role of the social worker to prepare the family to return; Sweden a social worker informs the migrant about his rights and obligations, indicates the most appropriate centre for migrants, and in case of deportation decision helps in return.

38 ELECTRONIC MONITORING Denmark, Portugal, Great Britain; With regard to severity of this measure, in Denmark, electronic monitoring can only be applied when the migrant repeatedly does not fulfill the reporting requirement; the maximum period is 1 month and the application of the measure is under judicial review

39 FUNDAMENTAL RIGHTS AGENCY S REPORT ALTERNATIVES TO DETENCTION IN EU COUNTRIES Deposit of documents Residence at a specific address Bail/ financial guarantee Reporting Austria Belgium Bulgaria Germany Supervision by social worker Electronic monitoring Denmark Estonia Finland France Hungary

40 FUNDAMENTAL RIGHTS AGENCY S REPORT ALTERNATIVES TO DETENCTION IN EU COUNTRIES Deposit of documents Residence at a specific address Bail/ financial guarantee Reporting Ireland Lithuania Malta Holland Poland Supervision by social worker Electronic monitoring Portugal Slovenia Sweden Great Britain

41 STATISTICS CONCERNING THE APPLICATION OF ALTERNATIVES TO DETENTION IN EU COUNTRIES France 7,2 % of all cases with grounds to place a migrant in detention facility (2007) Austria 25% (2008) 35 %(2009) Bulgaria in no alternatives to detention allowed by law were applied.

42 ALTERNATIVES TO DETENTION IN POLISH LAW Article 89b and c of the Act of 13 June 2003 on granting protection to foreigners within the territory of the Republic of Poland. The foreigner applying for refugee status may be released from the guarded centre or from the arrest for the purpose of expulsion, if there is high probability that he fulfils the requirements of being granted refugee status. Such foreigner may be ordered, by means of the decision rendered by the Head of the Office for Foreigners, to stay in the specified place or location, which he cannot leave without his permission, or to report to the authority indicated in the decision at the specified intervals of time.

43 ALTERNATIVES TO DETENTION AND THE CODE OF PENAL PROCEDURE Financial guarantee madebytheforeignerorother person the amount depends on type of infringement, length of stay and relations with Poland. Social guarantee made by employer, school or university director, social organisation or trustworthy person. Supervision by Police obligation to stay in the specified place, reporting to the supervising authority at the specified intervals of time, informing of intended departure and the term of return etc. Ban on leaving the country connected with withholding of travel document.

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45 Goals of the HNLAC Report: Detention of migrant children in Poland To provide relevant data and an overall accurate image of situation of migrant children in detention facilities in Poland, including living conditions, access to education, cultural and sport activities ; To present international standards with regard to detention of migrant children as well as the domestic regulation in different European states in this field and comparing them with relevant regulations and judicial practices concerning detention of children in Poland; To present good practices in the field of reduction of the scope of detention and introduction of alternatives to detention

46 UNHCR Guidelines on detention of asylum seekers Issued in February 1999 ; General principle asylum seekers should not be detained; Unaccompanied minor asylum seekers should not be detained; With regard to children accompanying their parents UNHCR recommends to consider all appropriate alternatives to detention: reporting or residency requirements, provision of a guarantor, release on bail, placing a family in open center where they would be allowed permission to leave and return during stipulated times.

47 European Union reception conditions directive The best interests of the child shall be a primary consideration; All fundamental rights, in particular the right to family life, access to medical care and effective measure of challenging detention should be respected regardless of immigration status of third country nationals; Detention of asylum seekers is a measure of last resort, which should be applied only for the shortest period necessary unless alternatives to detention could be applied.

48 PrzemyślGuarded Center for Foreigners data for 2010 Age Total number Russia Georgi a Mongoli a Vietnam Ukraine Afghanista n

49 Przemyśl Guarded Center for Foreigners conditions of detention of children Playground and outdoor activities (time ranges between one hour in autumn/winter and few hours in summer); Board (special meals adjusted to the needs of minors); Library; 2day rooms the first day room is located within the family block and the children can use it freely, the other day room serves both as a library and a classroom; Teaching classes conducted by Border Guard officers and one educational section s employee, from Monday to Saturday.

50 Biała Podlaska Guarded Center for Foreigners data for 2010 Age Total number Russia Georgia Mongolia Turkey

51 Biała Podlaska Guarded Center for Foreigners conditions of detention of children Playground and outdoor activities (time ranges between one hour in autumn/winter and few hours in summer); Board; Library; 2day rooms the first day room is located within the family block and the children can use it freely, the other day room serves both as a library and a classroom.; Access to education for minors within the framework of cooperation with the Biała Podlaska Municipal Office s Department of Education established individual teaching program for the Center educationonthelevels of primary school, gymnasium and secondary school. The Biała Podlaska Center also carries out additional classes on Polish language, knowledge about Poland and EU, sports activities, educational games, etc.

52 Białystok Guarded Center for Foreigners data for 2010 Age Total number Russia Georgia Afghanista n Armenia

53 Białystok Guarded Center for Foreigners conditions of detention of children There were no unaccompanied minors placed in Białystok due to lack of necessary adjustments needed for such children in the Center s facilities; Playground and outdoor activities (min. one hour a day); Day room and library; Three times a week Polish language classes, division into ages groups (4 6, 7 12, 13 17), conducted by educational section s officers.

54 Kętrzyn Guarded Center for Foreigners data for 2010 Age Total number Russia Georgi a Armenia Iraq

55 Kętrzyn Guarded Center for Foreigners conditions of detention of children Board mealsadjustedtochild sage(includingage groups: infants, minors under 1 year, minors from one to four years, minors from 5 to 18 years old); Playground and outdoor activities; 3day rooms for children including a ping pong s room all rooms are accessible from Monday to Friday, from 8.00 a.m. to p.m. and from p.m. to p.m. Classes carried out by teaching educational section include the following: Polish language, Mathematics, Natural science and Geography, Arts, Physical education.; division into age groups (3 5, 6 9, 10+); Library starting from December 2010

56 Lesznowola Guarded Center for Foreigners data for 2010 Age Total number Russia Georgia

57 Lesznowola Guarded Center for Foreigners conditions of detention of children Board; Outdoor activities length of the time outdoors rages between one hour in autumn/winter and a few hours in the summer, no playground; No separate day room for children, Children can play in the day room located on the family block, equippedwithtoysandboardgames; Library with books in Polish language and illustrated books for children.

58 Lesznowola Guarded Center for Foreigners access to education Educational classes for children conducted by teachers from the Primary School in Lesznowola; 10 hours of classes per week; Classes include Mathematics, Computer Science, Polish language, Arts, Socio Cultural classes; No age division for children attending classes.

59 Krosno Odrzańskie Guarded Center for Foreigners data for 2010 In 2010 there were only 5 minors admitted to the center, 2 of them were unaccompanied minors, Afghanistan citizens; No classes for children; Day room.

60 Detention of irregular migrants in Poland Jacek Białas Helsinki Foundation for Human Rights Dignity and Rights of Irregular Migrants Fundamental Rights Conference Warsaw, November 2011

61 Detention in migrant cases in Poland Regulations on detention of irregular migrants: Act on foreigners of 13 June 2003 The Code of Criminal Procedure (applied to detention in the scope not regulated by the Act on Foreigners) Return directive 2008/115/EC hasn t been implemented yet

62 Detention in migrant cases in Poland A migrant can be detained by the Police or the Border Guards for maximum 48 hrs Then the Police or the Border Guard requests the district court to place the migrant: in the guarded centre or in the arrest for the purpose of expulsion (deportation arrest) the court has 24 hrs to make its judgement Migrant shall be placed in the guarded centre or in the deportation arrest on the basis of virtue of the court ruling.

63 Detention in migrant cases in Poland Amigrant shall be placed in the guarded centre, if: 1) it is necessary to ensure the effectiveness of the proceedings on expulsion or on withdrawal of the permit to settle or of the long term resident s EC resident permit; 2) there is a well founded fear that an alien will attempt to evade the execution of the decision on expulsion or on withdrawal of the permit to settle or of the long term resident s EC resident permit. 3) he / she crossed or has attempted to cross the border contrary to the laws, if he / she was not been escorted to the border immediately. An alien shall be placed in the deportation arrest, if any of the above mentioned circumstances have arisen and there is a fear that an alien will not observe the rules in force in the guarded centre.

64 Detention in migrant cases in Poland In numerous cases the courts rule on placing a migrant in the guarded centre Reasons to not place a migrant in the guarded centre: serious threat to his/her life or health polish law no real prospects for deportation (i.e. long term migrants, migrants having family life in Poland etc.) return directive

65 Detention in migrant cases in Poland The migrant children (with families and unaccompanied) can be placed in guarded centres unaccompanied minor staying in the guarded centre is placed in a separated part of the centre in a manner which makes his / her contact with adults placed in the Center impossible. The Police or Border Guards can make a request to the court for placing an unaccompanied minor in the custodian educational centre. Placing unaccompanied minors in deportation arrests is prohibited by law.

66 Detention in migrant cases in Poland Maximum period of stay in the guarded centre / deportation arrest 12 months, cannot be repeated on the basis of the same decision on deportation In practice there is no alternatives to detention

67 Detention in migrant cases in Poland There is possibility to appeal against ruling on placing in the guarded centre to the regional court There is also possibility to request release any time during the stay in the guarded centre Reasons to release from the guarded centre/deportation arrest : the reasons justyfying application of those measures ceased to exist, stay there causes a serious threat to life or health, the decision on expulsion has been reversed or invalidated; granting international protection or the permit for tolerated stay;

68 Detention in migrant cases in Poland Return of irregular migrants: deportation voluntary return organised by the IOM Tolerated stay for irremovable migrants

69 Detention in migrant cases in Poland All guarded centres are monitored by the NGOs and NGOs provides legal assistance to the migrants placed there In 2011 in six guarded centres there were placed 68 families including 156 minors (source of information: Border Guards Headquarters)

70 Detention in migrant cases in Poland Draft Act on Foreigners: placing in the guarded centre for shortest appropriate period of time situation of unaccompanied minors and minors with families should be taken into account by the courts unaccompanied minors under 13. couldn t be placed in the guarded centres alternatives to detention would be provided (bail, duty to surrender documents, regular reporting, designated residence)

71 Legal assistance for migrants and refugees programme