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(Brussels, 22 May 2012) -- A recent report from the UN calls on governments to put fewer asylum seekers and migrants into detention, and to non-custodial alternatives to detention instead.
Written by François Crépeau, the UN Special Rapporteur on the human rights of migrants, was presented to the UN Human Rights Council in early April. It describes conditions of detention for irregular migrants around the world, specifically pointing out particular practices to be avoided.
Of particular concern to Mr Crépeau is the criminalisation of migration. "Irregular entry or stay should never be considered criminal offences" he writes, "they are not per se crimes against persons, property or national security".
Mr Crépeau places a strong emphasis on non-custodial alternatives to detention, highlighting examples that include case management and regular reporting to the authorities, among others.
The report says: "Alternatives to detention should have a human rights-based approach, be established by law, be non-discriminatory and be subject to judicial review and independent monitoring and evaluation."
According to Philip Amaral, of JRS Europe, the Special Rapporteur's emphasis on alternatives to detention comes at the right time as regards EU policymaking.
"Research from Europe and around the world shows that non-custodial, community-based, alternatives to detention are cost effective, and better respect the rights and dignity of migrants", says Mr Amaral.
"EU governments must keep in mind that detaining people comes with a very high financial and human cost", he continues.
Last year JRS Europe published a report on alternatives to detention in Belgium, Germany and the United Kingdom. It showed that it is very possible for governments to manage asylum seekers and migrants in the community, so long as certain conditions are met. Among these are access to basic services, secure housing and legal assistance, for example. In all cases, governments can substantially reduce their costs by using less detention.
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