Amnesty International statement to the 86 th Session of the Council of the International Organization for Migration (IOM)

Similar documents
Afghanistan: Amnesty International s recommendations regarding refugee returns

FOURTH MEETING OF AD HOC GROUP SENIOR OFFICIALS BALI, INDONESIA, 9 MARCH 2011 CO-CHAIRS' STATEMENT

RESOLUTION ADOPTED BY THE GENERAL ASSEMBLY. Commending States that have successfully implemented durable solutions,

Recognizing that priorities for responding to protracted refugee situations are different from those for responding to emergency situations,

Proposal for Australia s role in a regional cooperative approach to the flow of asylum seekers into and within the Asia-Pacific region

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Human rights and mass exoduses

SEVENTH MEETING OF AD HOC GROUP SENIOR OFFICIALS SYDNEY, AUSTRALIA, 5 MARCH 2013 CO-CHAIRS' STATEMENT

분쟁과대테러과정에서의인권보호. The Seoul Declaration

East Asia and the Pacific

[on the report of the Third Committee (A/62/431)] 62/125. Assistance to refugees, returnees and displaced persons in Africa

Recommendations regarding the Proposal for a Council Framework Decision on Combating Trafficking in Human Beings

113th ASSEMBLY OF THE INTER-PARLIAMENTARY UNION AND RELATED MEETINGS Geneva,

Overview of UNHCR s operations in Asia and the Pacific

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/66/456)]

Russian Federation. Operational highlights. Persons of concern

STANDING COMMITTEE ON PROGRAMMES AND FINANCE. Eighteenth Session

20. ASYLUM SEEKERS AND REFUGEES A RIGHTS BASED APPROACH

BALI DECLARATION ON PEOPLE SMUGGLING, TRAFFICKING IN PERSONS AND RELATED TRANSNATIONAL CRIME

BALI PROCESS STEERING GROUP NOTE ON THE OPERATIONALISATION OF THE REGIONAL COOPERATION FRAMEWORK IN THE ASIA PACIFIC REGION

Refugee protection is human rights protection

Managing Return Migration

In Nepal, the overall security situation deteriorated

COMMISSION OF THE EUROPEAN COMMUNITIES COMMUNICATION FROM THE COMMISSION TO THE COUNCIL AND THE EUROPEAN PARLIAMENT ON REGIONAL PROTECTION PROGRAMMES

PERCO Platform for European Red Cross Cooperation on Refugees, Asylum-seekers and Migrants

INDONESIA Recommendations to Indonesia s Development Assistance Partners

SAMPLE TRIPARTITE VOLUNTARY REPATRIATION AGREEMENT

On 15 August 2005, the Government of

The Berne Initiative. Managing International Migration through International Cooperation: The International Agenda for Migration Management

RIGHTS ON THE MOVE Refugees, asylum-seekers, migrants and the internally displaced AI Index No: POL 33/001/2004

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Return. Migration. Policies. Practices in Europe

FORCED BACK TO DANGER ASYLUM-SEEKERS RETURNED FROM EUROPE TO AFGHANISTAN I WELCOME

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/482)]

UNHCR s programme in the United Nations proposed strategic framework for the period

Resolution adopted by the General Assembly on 18 December [on the report of the Third Committee (A/69/482)]

1. UNHCR s interest regarding human trafficking

UN Summit on Refugees and Migrants discussions, commitments and follow up

Providing international protection

WORKING ENVIRONMENT. A convoy of trucks carrying cement and sand arrives at the Government Agent s office, Oddusudan, Mullaitivu district, northeast

Joint Way Forward on migration issues between Afghanistan and the EU

UNHCR-IDC EXPERT ROUNDTABLE ON ALTERNATIVES TO DETENTION CANBERRA, 9-10 JUNE Summary Report

Background paper No.1. Legal and practical aspects of the return of persons not in need of international protection

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

European Union. Third informal thematic session on. International co-operation and governance of migration in all its dimensions,

Workshop Title: Migration Management: Sharing Experiences between Europe and Thailand. Banyan Tree Hotel, Bangkok (13-14 June 2012)

INTERNATIONAL HUMAN RIGHTS. The Rights of Refugees

INDIVIDUAL CONTRACTOR. Caribbean Relations Associate - Caribbean Protection Unit August December 2016 UNHCR Regional Representation Washington DC, USA

Amnesty International Statement on the occasion of the EUROMED Ministerial Conference on Migration Algarve November 2007

Eastern Europe. Operational highlights. Armenia. Azerbaijan. Belarus. Georgia. Moldova. Russian Federation. Ukraine

Opinions adopted by the Working Group on Arbitrary Detention at its seventy-ninth session, August 2017

The Government of the Netherlands, the Transitional Islamic State of Afghanistan and UNHCR hereinafter referred to as the Parties,

United Nations Human Rights Committee (HRC)

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/61/436)]

Resolution adopted by the General Assembly. [on the report of the Third Committee (A/60/499)]

UN Special Rapporteur on the human rights of migrants concludes second country visit in his regional study on the human rights of migrants at the

INDONESIA. Global Detention Project Submission to the Universal Periodic Review 27 th session of the UPR Working Group, April-May 2017

REFUGEE COUNCIL OF AUSTRALIA

Bali Ad Hoc Experts Working Group 1 (AHEG1) Plan of Action

Committee on the Rights of the Child. The Rights of All Children in the Context of International Migration OUTLINE FOR PARTICIPANTS

Submission by the United Nations High Commissioner for Refugees (UNHCR) For the Office of the High Commissioner for Human Rights Compilation Report

Convention on the Elimination of All Forms of Discrimination against Women

Until now, no NGO or UN agencies have been granted access to monitor the deportees back in Laos.

Afghanistan. Operational highlights. Persons of concern

4. CONCLUSIONS AND RECOMMENDATIONS

Argumentation Tool for PERCO National Societies. Transit Processing Centres outside the EU

2011 IOM Civil Society Organizations Consultations 60 Years Advancing Migration through Partnership

Mind de Gap! Annual Forum 2012 of the European RC/RC Network for Psychosocial Support. Resilience and Communication. Paris, October 2012

CONVENTION PLUS CORE GROUP ON ADDRESSING IRREGULAR SECONDARY MOVEMENTS OF REFUGEES AND ASYLUM-SEEKERS. Joint Statement by the Co-Chairs

Human rights impact of the external dimension of European Union asylum and migration policy: out of sight, out of rights?

Refugees. Secretary-General Kofi Annan. UN Photo/Evan Schneider

Submission by the United Nations High Commissioner for Refugees. For the Office of the High Commissioner for Human Rights Compilation Report

Unmixing Migration to fill Gaps in Protection and bring Order to Mixed Migration Flows

Islamic Republic of Iran

STATUS AND TREATMENT OF REFUGEES

HAUT-COMMISSARIAT AUX DROITS DE L HOMME OFFICE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS PALAIS DES NATIONS 1211 GENEVA 10, SWITZERLAND

Reducing Discrimination and Changing Behaviour

SOMALIA: MMTF Strategy to Address Mixed Migration Through Somalia

International Protection

NEW DIRECTIONS FOR RESETTLEMENT POLICY AND PRACTICE I. INTRODUCTION

UNHCR PRESENTATION. The Challenges of Mixed Migration Flows: An Overview of Protracted Situations within the Context of the Bali Process

COUNTRY STATEMENT BY PROF. HB MKHIZE, MINISTER OF HOME AFFAIRS OF THE REPUBLIC OF SOUTH AFRICA

BALI PROCESS AD HOC GROUP SENIOR OFFICIALS MEETING COLOMBO, SRI LANKA, 16 NOVEMBER 2016 CO-CHAIRS STATEMENT

India Nepal Sri Lanka

Council of the European Union Brussels, 22 September 2016 (OR. en)

COUNTRY OPERATIONS PLAN

appeal: A written request to a higher court to modify or reverse the judgment of lower level court.

Afghanistan. Working environment. Total requirements: USD 54,347,491. The context

c. Equal access to employment during resettlement so that refugees are able to sustain themselves and their families in host countries;

ACP-EU JOINT PARLIAMENTARY ASSEMBLY

Submission by the United Nations High Commissioner for Refugees. For the Office of the High Commissioner for Human Rights Compilation Report -

Guidance for NGOs to report to GRETA La Strada International and Anti Slavery International

PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS, CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, INCLUDING THE RIGHT TO DEVELOPMENT

Angola Immigration Detention Profile. Last Updated: June 2016

3.2 Summary Conclusions: Article 31 of the 1951 Convention

BALI PROCESS AD HOC GROUP CO-CHAIRS STATEMENT

AFGHANISTAN. Overview Working environment

MYANMAR/BANGLADESH ROHINGYAS - THE SEARCH FOR SAFETY

Russian Federation. Main objectives. Total requirements: USD 15,609,817

XV SOUTH AMERICAN CONFERENCE ON MIGRATION SANTIAGO DECLARATION "WITH JUSTICE AND EQUALITY TOWARDS MIGRATION GOVERNANCE"

Transcription:

Amnesty International statement to the 86 th Session of the Council of the International Organization for Migration (IOM) 20 November 2003 Amnesty International (AI) welcomes this opportunity to contribute to the debate of the 86 th Session of the IOM Council. We welcome too the documentation provided to this Council session by IOM, in particular the Note on IOM s Strategy: Current and Future Migration Realities and IOM s Role, in which the Organization states that underlying all that IOM does is the fundamental concern to protect the human rights and dignity of migrants. 1 IOM and Human Rights Amnesty International is concerned, however, that IOM continues to carry out projects, on behalf of governments, which negatively impact on the human rights of refugees, asylum-seekers and other migrants. We have raised these concerns in the past. They arise in the context of how persons are treated when they are or may be of concern to the United Nations High Commissioner for Refugees (UNHCR), and they concern the implications of IOM s Assisted Voluntary return (AVR) programme, as well as the manner in which information is disseminated by IOM. 2 Persons who are or may be of concern to UNHCR It is our strong view that IOM should refrain from returning or moving persons who may be of concern to UNHCR in the absence of the primary involvement or explicit endorsement of that agency. With this in mind, and as illustrative of our concerns, we would wish to raise the recent case of 14 Turkish Kurds currently in Indonesia. These 1 IOM, Note on IOM Strategy: Current and Future Migration Realities and IOM s Role, MC/INF/262, 13 October 2003, p.4. 2 In this regard, we would like to draw the attention of IOM, and the members and observers of the Council, to the document submitted by Human Rights Watch to this Council session. See Human Rights Watch, The International Organization for Migration (IOM) and Human Rights Protection in the Field: Current Concerns, November 2003. AI Index: IOR 30/011/2003 Amnesty International

2 AI statement to IOM Council November 2003 asylum seekers 3 were expelled from Australian waters. They were towed to Indonesian waters by the Australian authorities, and were subsequently transported by IOM to Jakarta from the Indonesian island of Yamadena. Amnesty International is concerned that this internal transfer may not have been a voluntary one on the part of the 14 individuals who were taken to a closed detention centre upon their arrival in Jakarta. Amnesty International condemns the actions of Australia which it considers to be in violation of its obligations under the Refugee Convention. While we recognize the desire for IOM to be a pragmatic and flexible organisation, it is Amnesty International s view that this does not permit the Organization to acquiesce in activities or initiatives which would breach international human rights standards. We seek assurances from IOM that it will not participate in activities which would expose individuals to human rights abuses, including returns to situations where individuals would be at risk of human rights abuses. In this regard, we would also welcome IOM s response to a number of human rights recommendations that we have made to the Organization in the course of several reports published by Amnesty International 4. Assisted Voluntary Return Amnesty International is concerned at IOM s role in actively encouraging people living under conditions of duress to return to their countries or regions of origin. As has been noted in UNHCR s Handbook on Voluntary Repatriation, [in situations where refugees ] rights are not recognized, if they are subjected to pressures and restrictions and confined to closed camps, they may choose to return, but this is not an act of free will. In the face of individuals being subjected to arbitrary detention or severely restrictive detention regimes, for example, Amnesty International has serious concerns about whether returns can be truly voluntary. We would questions what choice an individual has when the only alternative to return with IOM s assistance is to remain in detention for a lengthy or indefinite period of time while awaiting deportation. 3 According to press reports quoting IOM representatives, 12 of the 14 wished to apply for asylum. Amnesty International would wish to see all 14 having access to UNHCR and as necessary, other independent advice, before concluding that any of the individuals should not be considered to be asylum-seekers. 4 See in particular AI, Australia-Pacific: Offending human dignity the Pacific Solution (AI Index ASA 12/009/2002), Afghanistan: Continuing need for protection and standards for return of Afghan refugees (AI Index ASA 11/014/2002), UK/EU/UNHCR: Unlawful and unworkable extra-territorial processing of asylum claims (AI Index IOR 61/004/2003), Afghanistan: Out of sight, out of mind the fate of the Afghan returnees (ASA 11/014/2003).

AI statement to IOM Council November 2003 3 We are also concerned that such returns, including returns to a situation of internal displacement, may compound problems of displacement in post-conflict regions and may be unsustainable, leading in many cases to renewed cycles of displacement and leaving individuals vulnerable to human rights abuses. In situations where UNHCR is engaged in assessing the promotion or facilitation of the repatriation of refugees and other persons of concern such as asylum seekers, IOM should be guided by UNHCR in contemplating the voluntary return of unsuccessful asylum seekers and other migrants. Information dissemination and assessment of country of origin conditions In making a decision on whether an individual can voluntarily return to her country of origin, Amnesty International would stress that the decision whether to return or not should in all circumstances be based on an accurate assessment of the human rights situation in the place to which the individual wishes to return. At the same time, the assisting body, in this case IOM, needs to make a determination that the return will take place in conditions of safety and dignity with full respect for the human rights of the returnee. IOM does not itself carry out the assessment of the human rights situation in the place of origin, and in Amnesty International s view would not be the appropriate body to do so. Amnesty International would therefore welcome clarification from IOM as to whose assessment of these factors it relies on prior to taking the decision to assist an individual to return. This is especially pertinent in situations of detention, where the individual herself might not be in a position to have access to objective and accurate information about the situation in her place of origin. Amnesty International would also make the point that voluntary return should be undertaken to the place of origin or preferred destination of the returnee. It follows, therefore, that the objective assessment of the situation, including the human rights situation, on the ground should emanate not merely from the capital city or a large urban centre, but to the specific place to which the individual wishes to return. This should also be the point to which all returnees are transported by IOM. Consultations with NGOs While we are pleased to read that IOM has launched and is institutionalizing a consultative mechanism with NGOs we are concerned that we have yet to see

4 AI statement to IOM Council November 2003 concrete results of this institutionalization. 5 Since the last Council meeting in December 2002, Amnesty International along with other NGOs has been invited to attend one consultation meeting, organized by the Migration Policy and Research Programme of IOM. While appreciating such initial attempts to build closer links between IOM and NGOs, Amnesty International is concerned that such meetings have not resulted in either institutionalized mechanisms or indeed concrete follow up action. Although our organizations will not necessarily agree on all issues of common interest, Amnesty International stresses the importance for IOM and the NGO community to continue to engage in constructive dialogue. We would therefore welcome periodic and regular consultations with IOM and, in this respect, would particularly welcome the opportunity to explore together with IOM the possibility of setting up an NGO Focal Point or Liaison Unit within the structure of IOM s Geneva headquarters. This Focal Point or Liaison Unit would be charged with the responsibility of developing and maintaining close links with the NGO community, and with making the Organization accessible to NGOs both in Geneva and in the field. Migrants rights Finally, Amnesty International welcomes IOM s public commitment to work towards the effective respect of migrants rights 6. We remind IOM, and all member states represented in this Council, that effective respect for the human rights and dignity of migrants requires a commitment to protecting and upholding these rights that goes beyond mere rhetoric. This demands respect in policy, law and practice - for all human rights standards applicable to migrants and by which states are bound. We would in this context also urge the member states of this Council who have not already done so, to commit to ratifying the Convention on the Rights of All Migrant Workers and Members of their Families which brings together a range of human rights standards and specifically recognizes them to be applicable to migrant workers and their families. 5 Note on IOM Strategy, p. 4. 6 Note on IOM Strategy, p. 2.

AI statement to IOM Council November 2003 5 Recommendations Amnesty International requests IOM to give assurances that it will abide by international human rights and refugee law standards; in particular to standards relating to arbitrary and unlawful detention, conditions of detention, and the principle of nonrefoulement; in this regard, requests IOM to respond to a number of recommendations that Amnesty International has made to the Organization in the course of several human rights reports; requests IOM to further institutionalize a consultative mechanism with NGOs, in the form of a Focal Point or Liaison Unit based within the structure of IOM s Geneva headquarters that would be charged with the responsibility of developing and maintaining close links with the NGO community.