2014-2019

Beyond Detention

A Global Strategy to support governments to end
the detention of asylum-seekers and refugees

UNITED NATIONS HIGHCOMMISSIONER FOR REFUGEES

Division of International Protection
United Nations High Commissioner for Refugees
Case Postale 2500
1211 Geneva 2, Switzerland

Tel: +41 22 739 8433
Fax: +41 22 739 7344
internet: www.unhcr.org

The electronic version of this strategy is available at: www.refworld.org/detention.html
Hard copies can be obtained by contacting the Protection Policy and Legal Advice
Section in the Division of International Protection, Geneva HQ.
Cover Photo © UNHCR / G. Kotschy
Back Cover Photo © UNHCR / V. Tan© UNHCR 2014
Layout: BakOS DESIGNContents

Why is a Global Strategy needed?..................................................................................................5
What main challenges and concerns are addressed by the Global Strategy?.................................6
What are the 3 main goals of the Global Strategy?..........................................................................7
What needs to be done to achieve the global goals?.......................................................................7
The initial roll-out June 2014 - June 2016.........................................................................................8

Developing national action plans.....................................................................................................91 Problem analysis and diagnosis...................................................................................................92 Advocacy interventions..............................................................................................................10
3 Awareness raising and campaigning..........................................................................................11
4 Securing access to and monitoring places of immigration detention........................................12
5 Providing/strengthening technical knowledge, cooperation andcapacity-building for all stakeholders (including training)..........................................................13

6 Strengthening partnerships........................................................................................................14
7 Promoting information sharing, data collection and reporting...................................................14
8 Investing in, carrying out and disseminating research...............................................................15
9 Allocating and leveraging resources...........................................................................................16
Monitoring and evaluation..........................................................................................................16

Achieving the goals..........................................................................................................................17
Goal 1: End the detention of children.............................................................................................17
Goal 2: E nsure that alternatives to detention are available in law
and implemented in practice.............................................................................................19
Goal 3: E nsure that conditions of detention, where detention is necessary
and unavoidable, meet international standards.................................................................20

Annex: Existing tools and materials..............................................................................................22

UNHCR

page 3© UNHCR / M. Edström

page 4Global Strategy - Beyond Detention 2014-2019

Why is a Global Strategy needed?
Putting people in detention has become a routine – rather than exceptional – response to
the irregular entry or stay of asylum-seekers and migrants1 in a number of countries. Somegovernments view detention as a means to dissuade irregular migration to or applying forasylum in their territories. While acknowledging that irregular entry or stay may present many
challenges to States, detention is not the answer.
Research in fact shows that not even the most stringent detention policies deter irregularmigration, and further, that there are workable alternatives to detention that can achieve
governmental objectives of security, public order and the efficient processing of asylum applications. Importantly, as seeking asylum is not an unlawful act, detaining asylum-seekers
for the sole reason of having entered without prior authorisation runs counter to internationallaw. Under international law, individuals have the right to seek asylum, and if they do so, tobe treated humanely and with dignity. Access to open reception arrangements and fair andefficient status determination procedures need to be part of the overall State architecture.
Detention also has many negative lasting effects on individuals. It undermines their humandignity and can cause unnecessary suffering, with serious consequences for their healthand wellbeing, in particular when they are detained for long periods. Detention increases
anxiety, fear and frustrations and can exacerbate past traumatic experiences. It takes place,frequently, in places and in conditions that do not meet human rights standards. Detentionof children is particularly serious due to the devastating effect it may have on their physical,
emotional and psychological development, even if they are not separated from their families.
Children should, in principle, not be detained at all.
Detention removes asylum-seekers from the community, which is sometimes the goal, inhibiting opportunities to benefit from existing support networks (both formal and informal), anddiminishing people’s capacity to be independent, self-sufficient and fulfilled members of thecommunity after release. All these factors are further aggravated by the uncertainty about its
duration and outcome.

In view of the hardship which it entails, and consistent with international refugee and humanrights law, the detention of asylum-seekers should normally be avoided and be a measureof last resort.2
UNHCR’s Global Strategy – Beyond Detention 2014-2019 aims to make the detention of
asylum-seekers an exceptional rather than routine practice.
1	Persons detained in places of immigration detention may include refugees, asylum-seekers, rejected asylum-seekers,

stateless persons, trafficked persons, or irregular migrants. While the mandate of UNHCR covers only some of thesecategories, it is important that Offices understand the broader migration context. Likewise, action taken on behalf of personsof concern to UNHCR may also bring positive benefits for migrants, and as far as possible a joined-up approach with relevant
actors would be recommended. See, Note on the Mandate of the High Commissioner for Refugees and his Office, October
2013, available at: http://www.refworld.org/docid/5268c9474.html

2	See UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alternatives toDetention (UNHCR, Detention Guidelines), 2012, paragraph 14, available at: http://www.refworld.org/docid/503489533b8.html

UNHCR

page 5© UNHCR/ S. Baldwin

What main challenges and concerns are
addressed by the Global Strategy?
The Global Strategy will work towards addressing some of the main challenges and concerns around governmental detention policies and practices, including:Ü	Misconceptions about detention, its role and function.
Ü	Lack of information regarding the availability, the types and effectiveness ofalternatives to detention.

Ü	The increasing rate and use of detention in a number of countries and/or its

automaticity. Detention is assumed as the default position in immigration laws and State
practice.

Ü	The use of detention as a deterrent. Not only does detention not work as a deterrent,
it is not a legitimate purpose for detention under international law.

Ü	The lack of reliable statistics about the number and length of time persons are held in
immigration detention, at both national and global levels.3Ü	The limited access (in some countries) to places of immigration detention and limited

capacity to carry out systematic monitoring of these places of detention by UNHCR and/or its partners.

Ü	The often precarious and substandard conditions of detention, including for

persons with special needs or in situation of vulnerability.4 Conditions of detention mustbe humane and dignified.

page 6

Global Strategy - Beyond Detention 2014-2019

What are the 3 main goals of the Global Strategy?
Working with governments and other partners, the three main global goals are to:1		

end the detention of children;52		ensure that alternatives to detention are available in law andimplemented in practice;3	ensure that conditions of detention, where detention is necessary andunavoidable, meet international standards by, inter alia, securing accessto places of immigration detention for UNHCR and/or its partners andcarrying out regular monitoring.

Achieving each of these main goals may require a set of objectives or sub-goals developed
at the national level in order to set in place the foundation for further progress.6 The Global
Strategy also acknowledges that there may be different, or additional, goals to be pursued
in particular countries or regions, which can be incorporated into national plans of action.

What needs to be done toachieve the global goals?
To achieve each of the global goals, UNHCR offices, together with their partners, are to develop and implement Plans of Action, at the country and/or regional level, as appropriate.
Such action plans may contain the following elements:• problem analysis and diagnosis• strengthening partnerships• advocacy interventions• promoting information sharing,data collection and reporting• awareness raising and campaigning• securing access to and monitoring
places of immigration detention• providing/strengthening technicalknowledge, cooperation and capacity
building for all stakeholders• investing in, carrying out anddisseminating research• allocating and leveraging resources• monitoring and evaluation

3	This limitation is not just related to lack of access to appropriate national records by UNHCR but specifically by the lackof reliable and updated statistics produced, shared and/or made public by States. Where immigration detention statistics
are available, they may not be disaggregated by those of concern to UNHCR. Further, the way in which States calculate
the length of detention varies considerably, making comparisons over time or between countries difficult.

4	See UNHCR, Detention Guidelines 8 and 9.
5	In pursuing this goal it is important for Offices and partners to take account of UNHCR’s Framework for the Protection ofChildren, 26 June 2012, available at: http://www.refworld.org/docid/4fe875682.html

6	See, ‘Achieving the goals’ in this document.

UNHCR

page 7

© UNHCR / A. Di Loreto

The initial roll-out June 2014 - June 2016
The initial roll-out of the Global Strategy will be focused in the coming two years on 10+ “focus” countries, selected on the basis of a range of criteria, including regional and thematic
diversity, size and significance of the problem, likelihood of making an impact in the initialroll-out period (albeit without prejudicing long-term impacts), as well as staffing and resources. Each “focus” country will need to take steps to engage the government in the Global
Strategy, and wherever possible, in developing national action plans (see below). In the subsequent years, it is intended that additional countries will be added. The focus countries will
benefit from additional technical support from the Division of International Protection.
All other country operations where detention is a protection challenge are to be guided byand to follow the Global Strategy and adapt it to their country context.

Further information on the roll-out of the Global Strategy
can be found at: http://www.unhcr.org/detention

page 8Global Strategy - Beyond Detention 2014-2019

Developing national action plans
National plans of action will need to select which of the global goals they will pursue, andidentify specific objectives and actions.7 They should be underpinned by an analysis of
the current legal and policy migration and asylum frameworks in the country in question.
Redaction and implementation of the national action plans should be a transparent andinclusive process, supported by local stakeholders, especially relevant ministries and/or law
enforcement agencies.
The outputs and expected impact of the action plans should be measurable under UNHCR’s
Results Framework matrix in FOCUS.8
National (and/or regional) action plans are to be developed to achieve the global goals,
guided by the following elements/aspects.

1 Problem analysis and diagnosis
Understanding the reasons why, who and how the State detains,9 as well as the legal andpolicy frameworks and practices is essential to be able to identify the best ways to respondto the problem. Having access to, collecting and managing reliable information10 is the firststep in developing national action plans.

In developing national plans of action, consider the following:• The overall migration and asylum system.

• The main challenges of the government.

• The overall immigration detention regime.

• Existing resources, stakeholders andinformation gathering strategies,
mechanisms and tools.

• The national child protection system.

Actions taken to tackle detention will usually need to be connected with targeted actions toimprove the overall asylum system.11
7	Goal-setting involves establishing specific, measurable, achievable, realistic and time-targeted (following the S.M.A.R.T.

model) objectives. In the context of the Global Strategy, Offices may select one or more of the global goals. The national plan of action will also need to define/identify a set of sub-goals or objectives [understood as the desirable result
expected from the implementation of the actions points] to make progress and to achieve one or more of the three main
goals. The specific objectives or sub-goals for each country plan of action are to be identified taking into consideration
the national context and the particular protection challenges faced, as well as the opportunities for progress. Examples of
sub-goals or objectives are found at “Achieving the goals” in this document.

8	Further advice on monitoring and reporting on implementation of the Global Strategy goals under FOCUS will be provided.
9	For example, the reasons for detention may relate to political, economic, security or other dynamics.
10	Information can be obtained from a multitude of sources. National authorities would normally be the first source, yet in-formation gathered through partnerships, research, monitoring, or from persons of concern themselves remain extremely
important. Information should as far as possible be triangulated and verified to contrast what is known from what is presumed to be known. Where this information is not readily available or accessible to UNHCR or its partners, developing amonitoring strategy and other information gathering activities would become a first step. For a good source of information
on national laws and practices, see Global Detention Project, http://www.globaldetentionproject.org

11	For example, many persons are in prolonged detention because of inefficiencies in the asylum system. Likewise, delays inreturn and readmission to countries of origin can prolong detention for rejected asylum-seekers. In both cases, exploringalternatives to detention would be appropriate.

UNHCR

page 9When planning advocacy
interventions, consider
the following:• Promote the use and disseminate available protection tools: in particular UNHCR’s Guidelines on the Applicable
Criteria and Standards relating to theDetention of Asylum-Seekers and Alternatives to Detention.12• Comment on national legislation andpolicies, participate in parliamentary or
government inquiries or commissions,or make submissions to international,
regional or national human rights bodies.13• Build dialogue with governments including by sharing good practices with othergovernments, and by the developmentof working groups.14• Speak to the interests of and use pragmatic messages in advocacy with governments, and not only rights-based arguments.15• Prepare and disseminate immigration
detention-related reports16 (also linked
to monitoring and research).
•R each out to a range of stakeholders,
including non-traditional partners, suchas national human rights institutions.17
Establish national or local/provincial
consultative or advocacy groups.
•F ind opportunities for regional advocacy
and establishment of regional networks.
•E ngage with the judicial and legal community. Consider if and/or how litigation
may feature in the national action plan.
Activities could include keeping track of
relevant case law, identifying precedentsetting cases for court interventions(whether direct interventions by UNHCR
or assistance to NGO or other partners)
and more broadly encouraging involvement of the legal community in the detention issue, at national, regional and/or international level, as appropriate.

page 10Global Strategy - Beyond Detention 2014-2019

2 Advocacy interventions
Advocacy is an essential element of any national plan of action. Advocacy means influencing decision-making processes at the
local, national, regional and international
levels.18 Advocacy may be pursued throughmany forms such as the development of coalitions and alliances; research and publications; conferences and events; communications and media work; public campaigning,common messaging, and social mobilization; and litigation. Well-planned advocacy
interventions can produce a change in attitudes, leading to positive changes in policy
and/or practice.
The type of advocacy activities to be developed is crucial, however, to this end. They
would need to be tailored specifically to theaudience and contexts they need to address(for example, members of parliament, execu-

12	Additional tools and materials are found in the Annex.

A first step would be to translate the Guidelines into thenational language(s). It would also be useful to translate
the Guidelines into the main languages of persons ofconcern.

13	Offices may consider engaging various United Nations’or other human rights mechanisms, such as the Universal
Periodic Review (UPR) process, the visits or reports ofSpecial Rapporteurs, such as the Special Rapporteuron the Human Rights of Migrants, the Special Rapporteur on Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment or the Special Rapporteur on
Solitary Confinement, or other special procedures, suchas the Working Group on Arbitrary Detention. Regional
human rights mechanisms, where available, can also be
engaged.

14	See, for example, UNHCR’s sponsored, Canada/USA Bi-

National Roundtable on Alternatives to Detention of Asylum Seekers, Refugees, Migrants and Stateless Persons,February 2013, available at: http://goo.gl/PWNDhk and
UNHCR, Global Roundtable on Alternatives to Detentionof Asylum-Seekers, Refugees, Migrants and Stateless
Persons: Summary Conclusions, July 2011, available at:
http://www.refworld.org/docid/4e315b882.html

15	Such messaging could focus on, for example, the inef-

fectiveness of detention as deterrent, the cost of detention versus the cost of alternatives to detention, etc.

16	See, for example, UNHCR’s Position on the Detention of

Asylum-seekers in Malta, 18 September 2013, available
at: http://www.refworld.org/docid/52498c424.html

17	Including National Preventive Mechanisms in States par-ties to the Optional Protocol to the Convention against
Torture and other Cruel, Inhuman or Degrading Treatment
or Punishment (2002), see http://goo.gl/qwfkIr

18	See UNHCR’s Guidance Note on Partnership in Advo-cacy for Protection, Background Paper prepared for the
UNHCR Annual Consultation with NGOs 2013, June
2013, available at: http://goo.gl/Px8kiQ

tive, judiciary, general public, or others).19 Partnerships in this context are essential, as maximum use should be made of the complementary roles, mandates, expertise and relationships/networks of participating partners and stakeholders.
Advocacy needs to be evidence based, hence the importance of providing a sound legal andpractical analysis of the detention context, understanding the reasons for detention and therelevant actors involved, as well as having a monitoring and evaluation progress mechanism
in place (see point 10, Monitoring and evaluation, below).

3 Awareness raising and campaigning
Garnering public support for the global goals can lead to changes in public opinion and inturn to legislative and other needed changes. In many contexts, it may become the mostimportant part of the national action plan. A communications strategy linked to the Global
Strategy at the national and/or regional level could be appropriate. The messaging needs to
be clear, regular and reach its target audience.
Decisions would need to be taken about the approach of any communications; for example,
whether to focus on the negative impact of detention practices for persons of concern, or
identify good policy reasons for not detaining, or a combination of both negative and positive messaging. Detention may be only one part of broader communications on the generalprotection environment. The objective of a public awareness campaign is to inform and topromote a change. This can be achieved through a number of media (print, radio, television,web, social-networking, etc.). It may be effective to include persons of concern in the campaign. Maintaining visibility on the issue is very important.

When developing awareness raising and campaigning, consider the following:• Develop and implement a
communications strategy /media campaign, or incorporate
detention messaging into broader
protection communications.
• Develop consistent messages.

• Plan for high-level visits of prominent
persons that include visits to places ofdetention or alternatives to detention.
• Join or instigate local and/or national
campaigns, including national campaign
launches of the Global Strategy, albeit
ensuring that risks are weighted.20

19	For example, where detention is the result of specific laws or policies, advocacy would aim at changing systemic prob-lems, whether it requires amendments of law or regulations, or changes to administrative practice.

20	See, for example, the Global Campaign to End the Immigration Detention of Children, being coordinated by the Interna-

tional Detention Coalition, http://www.endchilddetention.org

UNHCR

page 11© UNHCR / M. Edström

4 Securing access to and monitoring places of immigration detention
Monitoring places of detention is an essential activity and part of UNHCR’s supervisory
responsibility.21 Monitoring describes the process, over time, of periodic or regular examination, whether announced in advance or spontaneous, through on-site visits, of places ofimmigration detention.
Monitoring can help prevent human rights violations at either an individual or systemic level,
and improve detention conditions. Monitoring can also play a role in sensitising governments
to UNHCR’s protection mandate.
Monitoring is a tool to open dialogue with relevant authorities. Offices are encouraged todevelop a monitoring programme, applying the techniques and methodologies contained inMonitoring Immigration Detention: Practical Manual.22

When developing a monitoring programme, consider the following:• Where access has not yet been
agreed with the government,
negotiate unhindered access toplaces of immigration detention.
• Set a schedule; define an overall timeframe for the monitoring programme.
• Be constructive.

• Plan for and carry out monitoring
visits; define clear monitoring
goals and objectives.
• Identify and support monitoring
visits of other bodies.
• Define follow-up activities tothe monitoring visits.

21	See, UNHCR, Note on the Mandate of the High Commissioner for Refugees and his Office, October 2013, available at:

http://www.refworld.org/docid/5268c9474.html

22	UNHCR, the Association for the Prevention of Torture (APT) and the International Detention Coalition (IDC), Monitoring

Immigration Detention: Practical Manual, 2014, available at: http://www.refworld.org/docid/53706e354.html

page 12Global Strategy - Beyond Detention 2014-2019

5 Providing/strengthening technical knowledge, cooperation andcapacity-building for all stakeholders (including training)

Capacity-building activities are an essential component of national plans of action. They canfocus on technical aspects, such as strengthening the government’s capacity to manage
detention facilities, or support the introduction of alternatives to detention. They can also
focus on knowledge development around, for example, international refugee and humanrights standards relevant to immigration detention. The main purpose of these activities is
to create or support the capacities needed to achieve the global goals. This may involve thedevelopment of shorter or longer term initiatives geared towards knowledge acquisition,
skills development, or management expertise, for example.
Training and capacity-building activities and tools23 can be directed to a wide range of actors, including governments as well as partners and other stakeholders (NGOs, civil society,academia, legal aid providers, etc.). Also, NGO partners, such as the International Detention
Coalition (IDC) and the Association for the Prevention of Torture (APT), could be requested
separately or jointly to conduct training events. Further, State experts from other countries
may be willing to exchange good practices. Offices are encouraged to explore existing capacity-building initiatives or projects and to develop synergies in this field.24

When planning for capacity-building initiatives, consider the following:• Tailor activities based on theanalysis of capacities and needs.
• Develop joint training and capacitybuilding initiatives wherever
possible, with government
interlocutors or other partners.
• Promote government-to-government
dialogues/roundtables/projects on
detention and alternatives to detention.25• Share good/positive practices,
statistics, effective detention
strategies, monitoring tools, etc.
• Support through technical expertisethe development of pilot programmeson alternatives to detention.
• Organise country workshopswith key stakeholders.
• Consider seconding staff to workwith the authorities directly.26

23	See Annex for a review of existing tools and frameworks that can support the development and implementation of

capacity-building activities.

24	See, for example, Making Alternatives to Detention in Europe a Reality by Exchanges, Advocacy and Learning (MadeReal), Odysseus Network, at: http://www.ulb.ac.be/assoc/odysseus/MADEREALuk.html

25	See for further reference, Roundtables on Alternatives to Detention at http://www.refworld.org/detention.html
26	Such secondments could, for example, be co-located with the government authorities, including in detention facilities.

UNHCR

page 13

6 Strengthening partnerships
Developing and strengthening partnerships is fundamental to achieve the global goals.27
Partnerships multiply the effectiveness and impact of the various planned activities, by providing additional or different expertise, diversifying skills, enhancing resources, and increasing political awareness.
Selecting suitable partners is a critical step in the process. Partners may include civil society
actors, national and international NGOs, national human rights commissions or institutions(and other human rights monitoring mechanisms), and academia, as well as State authorities. It is important to identify the particular expertise that each partner can bring to theachievement of the goals. These will be defined by their respective mandates, missions
and agendas. Mutual understanding of mandates, objectives and specific roles, and theimplications these have for relationships with host governments, affected populations andcommunities, will also be key to ensure complementarity of each other’s skills, experienceand particular roles.

When strengthening partnerships, consider the following:• Reach out and map existing partners andtheir particular expertise at the national,
regional and global levels. Include
stakeholders in the mapping exercise.28• Acknowledge the complementarities
in roles, expertise and relationships
between stakeholders in responding to
the particular needs of asylum-seekers.

• Identify critical areas of joint interventions.
• Consult and share information
between relevant actors, subject
to data protection principles.

7 Promoting information sharing, data collection and reporting
Accurate and up-to-date information on policies and practices, including statistical data, is
key to being able to engage with States. Transparent mechanisms for requesting data, as
well as collecting and sharing such data should be established.
Sources of information will vary depending on the context. Official sources, including statistics and reports where available, are particularly important. However, these will need to be
cross-checked with other sources available to ensure consistency and reliability.

27	See for further reference, UNHCR, The High Commissioner’s Structured Dialogue on NGO-IFRC-UNHCR Partnership - An

initiative to improve partnership between UNHCR and NGOs in 2012 and beyond, January 2013, available
at: http://www.refworld.org/docid/51751fb14.html

28	Partners with particular expertise in the field of detention such as the International Detention Coalition (IDC), with whom

UNHCR signed a Memorandum of Understanding in 2013 (see Annex for further reference), the Association for the Prevention of Torture (APT), the International Committee of the Red Cross (ICRC), the International Organisation for Migration(IOM) as well as other UN agencies such as OHCHR, UNICEF or UNODC, for example, could be approached. RelevantNGOs at national or regional level and regional or national human rights institutions could also be included when planninginterventions.

page 14

Global Strategy - Beyond Detention 2014-2019

When promoting information sharing, data collection
and reporting, consider the following:• Collect, analyse, share and disseminate
information (including press releases
and social media, as appropriate)
related to detention, alternatives todetention and freedom of movementwith partners and stakeholders.
• Establish a network of detention
focal point persons at country and/or regional level, in coordination
with the networks developed bypartners and other stakeholders.

• Gather and keep updated
information on detention practices
and alternatives to detention atcountry and/or regional level.29• Explore opportunities for partnerships
with academic institutions, inparticular in the field of research.
• Support local monitoring organisations/bodies/networks, as appropriate.

8 Investing in, carrying out and disseminating research
Research can help identify some of the main protection gaps and challenges, as well as
creative policy and practical solutions to them. Particularly in respect of alternatives to detention, research has been instrumental in building the empirical evidence base for them.
Research can be carried out by a wide range of actors, governmental and non-governmental,
including academia and national and international NGOs. UNHCR also carries out research,and otherwise can promote and disseminate it.30

When investing in, carrying out and disseminating
research, consider the following:• Identify, promote and support (including
through funding) research initiatives
and opportunities at global, regional
and/or country levels that provide for abetter understanding of the detention
context, practices and case law, andthat help to identify creative solutions
to detention problems and challenges.

• Promote the conclusion of memorandaof understanding or similar agreements
to institutionalise long-term researchcollaboration; or otherwise support
academic research projects(through funding but also throughparticipating in steering committees
and/or writing letters of support).

• Partner with academic and otherresearch institutions (including
national/governmental institutions
such as National Human Rights
Commissions, Ombudspersons orequivalent) carrying out such studies.

• Disseminate research to achieve
the widest possible impact.

29	See, for example, the Global Detention Project, http://www.globaldetentionproject.org and International De-

tention Coalition, http://www.idcoalition.org See also, UNHCR’s Refworld special features page on Detention,
http://www.refworld.org/detention.html

30	See, for example, Back to Basics: The Right to Liberty and Security of Person and ‘Alternatives to Detention’ of Refugees,

Asylum-Seekers, Stateless Persons and Other Migrants, by Alice Edwards, April 2011, PPLA/2011/01.Rev.1, available at: http://www.refworld.org/docid/4dc935fd2.html and Building Empirical Research into Alternatives to Detention:
Perceptions of Asylum-Seekers and Refugees in Toronto and Geneva, by Cathryn Costello and Esra Kaytaz, June 2013,
PPLA/2013/02, available at: http://www.refworld.org/docid/51a6fec84.html

UNHCR

page 15

9 Allocating and leveraging resources
For the successful implementation of the Global Strategy, adequate levels of funding anddedicated staff (country and office focal points) need to be identified. Some of these resources will already be available to UNHCR, as part of country operations plans, or canbe identified through partnerships. These initiatives will help to absorb part of the costs ofimplementation of the Global Strategy, but other sources –including private or public sector
funds– may need to be explored.

Monitoring and evaluation
Measures to monitor the implementation and progress in achieving the global goals need to
be set in place by Offices when developing their national plans of action. Continuous evaluation enables feedback necessary for continuous improvement and achievement of the goals.

When planning for monitoring and evaluation, consider the following:• Setting benchmarks/baseline data against
which progress will be measured.

• Develop reports, tools and otherreporting mechanisms, as appropriate.

• Explore the possibility of establishing
local working groups (throughpartnerships) to monitor progress.

• Promote the dissemination ofprogress reports with other Offices
to identify and share good practices
and provide feedback as needed.

• Promote periodic meetings withpartners and stakeholders to discuss
progress and/or assess alternativemeans to achieving the goals.

The 10+ focus countries will be required to produce a progress report after two years and a
final report after five years, both to be consolidated into a single global report at both stages.

page 16

Global Strategy - Beyond Detention 2014-2019

Achieving the goals
Goal 1: End the detention of children
In pursuing Goal 1, it is important that Offices and partners take account of UNHCR’s
Framework for the Protection of Children.31

What needs to be addressed?
Sub-goals or objectives would include the following:1		Legal and policy frameworks ensure that children are not detained, except in ex-

ceptional circumstances, as a measure of last resort, for a legitimate purpose and for the
shortest possible period.

2		Best interests of the child32 prevail: prioritisation of asylum processing and/or family

tracing/reunification; access to age-appropriate information (e.g. picture books) on asylum procedures (including how to contact UNHCR); guardians and/or legal representatives for children are appointed, in particular when unaccompanied or separated.

3	Alternative reception/care arrangements (including for families) are available

and appropriate: examples include foster care, community supervision/support, ageappropriate open reception centres with proper supervision, etc.

4		Child sensitive screening and referral procedures are in place in order to referthem to relevant child protection institutions or organisations without delay and ensure
they receive necessary services and assistance (e.g. through Best Interests Assessment
or Determination Procedures and care arrangements).

5	Immediate release of children from detention and their placement in other forms ofappropriate accommodation is coordinated amongst national agencies and, as appropriate, with UNHCR.

31	UNHCR, Framework for the Protection of Children, 26 June 2012, available at:

http://www.refworld.org/docid/4fe875682.html

32	See, in particular, the United Nations Convention on the Rights of the Child (CRC), Articles 3 and 22;

see also, UNHCR Guidelines on Determining the Best Interests of the Child, May 2008, available at:
http://www.refworld.org/docid/48480c342.html and UNHCR Field Handbook for the Implementation of UNHCR BID
Guidelines, November 2011, available at: http://www.refworld.org/docid/4e4a57d02.html

UNHCR

page 17© UNHCR / J. Bävman

What actions can be taken?
• Map the situation of child detention.
• Identify the reasons for this practice,and identify what would work instead.
• Identify the most relevant
stakeholders to engage with.
• Ensure access to detained children.
• Ensure access to legal assistance.
• Monitor the conditions of detention.
• Identify existing legal frameworks,
initiatives or strategies
supporting child rights.
• Develop a set of advocacy interventions.
• Raise awareness on the detrimental
consequences of detention for
their well-being and health.

page 18

Global Strategy - Beyond Detention 2014-2019• Raise awareness, develop media
campaign and overall communications
strategy - ensure consistent corporate
communications messages.
• Provide/support training andcapacity-building activities.
• Identify and promote alternative
reception and care arrangements. The
identification of family-based carearrangements should be prioritised.
• Promote and disseminate research,studies and reports on alternatives
to detention for children.
• Host roundtable/dialogue withgovernments and share good practices.
Explore how these may be of interest/
adaptable in the national context.

Goal 2: Ensure that alternatives to detention areavailable in law and implemented in practice
What needs to be addressed?
Sub-goals or objectives would include the following:1		Legal and policy frameworks include alternatives to immigration detention.
2		Procedures are in place to assess and review the necessity, reasonableness and proportionality of detention in each individual case before resorting to detention.

3		Screening and referral mechanisms exist to ensure that asylum-seekers are referred
to alternatives to detention.

4		A variety of alternatives to detention are available (e.g. from reporting conditions tocommunity placement).

5		Alternatives to detention take into consideration the needs of persons with special
needs or vulnerabilities. Community reception arrangements, in particular for children
and families, are prioritised.

What actions can be undertaken?
• Research, document and map goodpractices on alternatives to detention.
• Share information with stakeholders
and the broader public, as appropriate,on alternatives to detention.
• Carry out, invest in or identify
evidence-based reasons for supporting
alternatives to detention.
• Engage with the most relevant
stakeholders working on
alternatives to detention.
• Map the capacity of stakeholders
to collaborate on alternative
to detention projects.

• Organise or facilitate training for
carers and case workers implementing
alternatives to detention.
• Raise awareness on the use ofalternatives to detention through media
campaigns, civil society sensitization,
workshops and academic interventions.
• Develop guidelines/standard operatingprocedures for government authorities
on the use of alternatives to detention.
• Assist in the development of proposals
for pilot projects, shelters and othercommunity-based reception alternatives,
including fundraising opportunities.

• Provide training; develop working
groups and other capacity-building
activities on alternatives to detention.

UNHCR

page 19© UNHCR/E. Hockstein

Goal 3. Ensure that conditions of detention,
where detention is necessary andunavoidable, meet international standards
In pursuing Goal 3, offices and partners need to take into consideration UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers
and Alternatives to Detention and UNHCR, APT and IDC, Monitoring Immigration Detention:
Practical Manual.33

What needs to be addressed?
Sub-goals or objectives would include the following:1	Legal and policy frameworks related to detention are in accordance withinternational standards and in particular provide for access to places of immigration
detention to UNHCR and other independent national or international monitoring bodies.

2	In practice, UNHCR and other independent national and international monitoring bod-

ies are granted access to places of immigration detention for the purpose of regularmonitoring.

3	Authorities responsible for places of immigration detention are aware of and implement
international standards regarding conditions of detention and treatment ofdetainees.

4	Detainees are treated in a humane and dignified manner, in accordance with theseinternational standards.

5	Specific measures are taken to address the needs of persons in situation ofvulnerability or at risk.

page 20

Global Strategy - Beyond Detention 2014-2019

What actions can be undertaken?
• Map the places where immigration
detention takes place and get toknow the responsible authorities.
• Engage in dialogue with the authorities
on UNHCR’s mandate and supervisoryrole in order to secure access toplaces of immigration detention.
• Identify and engage with stakeholders
that are present in the country andhave a mandate to access placesof immigration detention.
• Develop identification and referralmechanisms so that UNHCR is informedof persons of concern in detention.
• Undertake, support or promoteresearch into conditions of detention.

• Develop a detention
monitoring programme.
• Raise national, regional and/or international awareness on
conditions of detention.
• Develop advocacy interventions toaddress the main challenges identified.
• Identify and support initiatives toameliorate conditions of detention, in
coordination with relevant stakeholders.34• Support training for detention
facility staff on refugee rights andthe specific needs of persons insituation of vulnerability or at risk.
• Support training activities
for other stakeholders onmonitoring methodologies.

Division of International Protection
UNHCR
June 201433	UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers and Alterna-

tives to Detention, 2012, available at: http://www.refworld.org/docid/503489533b8.html and UNHCR, Association for thePrevention of Torture (APT) and the International Detention Coalition (IDC), Monitoring Immigration Detention: Practical
Manual, 2014, available at: http://www.refworld.org/docid/53706e354.html

34	The number and extent of these initiatives will vary depending on the context and could include: providing legal assis-

tance to detainees; promoting alternatives to detention; providing training on international standards to detention centre
staff; providing material assistance to persons in situation of vulnerability or at risk, on exceptional basis; sharing findings
and reports on gaps in standards of treatment and detention conditions with relevant authorities; and work with governments to address some of the shortcomings in the detention regime.

UNHCR

page 21

AnnexExisting tools and materials
A number of tools and guidelines have been developed by UNHCR and its partners to inform and guide the work on detention and alternatives to detention. The list below highlights
some of these. Please also refer to Refworld’s Special Features page on detention.
î	UNHCR, Guidelines on the Applicable Criteria and Standards relating to the Detention of Asylum-Seekers
and Alternatives to Detention, 2012, available at: http://www.refworld.org/docid/503489533b8.html
î	UNHCR, Association for the Prevention of Torture (APT) and the International Detention Coalition (IDC), Monitoring Immigration Detention: Practical Manual, 2014, available at:
http://www.refworld.org/docid/53706e354.html
î	UNHCR, Memorandum of Understanding between the International Detention Coalition and
The Office of the United Nations High Commissioner for Refugees, 13 June 2013, available at:
http://www.refworld.org/docid/51b86f344.html
î	UNHCR, Global Roundtable on Alternatives to Detention of Asylum-Seekers, Refugees, Migrants and Stateless Persons: Summary Conclusions, July 2011, available at:
http://www.refworld.org/docid/4e315b882.html
î	UNHCR, Protection Training Manual for European Border and Entry Officials, 1 April 2011, available at:
http://www.refworld.org/docid/4ddf40d12.html
î	UNHCR, Framework for the Protection of Children, 26 June 2012, available at:
http://www.refworld.org/docid/4fe875682.html
î	Back to Basics: The Right to Liberty and Security of Person and ‘Alternatives to Detention’ of Refugees,
Asylum-Seekers, Stateless Persons and Other Migrants, by Alice Edwards, April 2011, PPLA/2011/01.
Rev.1, available at: http://www.refworld.org/docid/4dc935fd2.html
î	Building Empirical Research into Alternatives to Detention: Perceptions of Asylum-Seekers and Refugees
in Toronto and Geneva, by Cathryn Costello and Esra Kaytaz, June 2013, PPLA/2013/02, available at:
http://www.refworld.org/docid/51a6fec84.html
î	IDC, There are Alternatives: A handbook for preventing unnecessary immigration detention, 13 May 2011,
ISBN 978-0-9871129-1-0, available at: http://www.refworld.org/docid/4f0c14252.html
î	IDC, Captured Childhood: Introducing a new model to ensure the rights and liberty of refugee, asylum seeker and Irregular migrant children affected by Immigration detention, 2012, available at:
http://www.refworld.org/docid/510a604c2.html
î	IDC, Toolkit for Legal Providers Working with Refugees and Asylum Seekers in Places of Detention, 8
December 2009, available at: http://goo.gl/Q2TVOVî	APT and the Parliamentary Assembly of the Council of Europe (CoE), Visiting Immigration Detention Centres: A Guide for Parliamentarians, September 2013, available at: http://goo.gl/pWE8Xy

35	http://www.refworld.org/detention.html

page 22

Global Strategy - Beyond Detention 2014-2019

© UNHCR/E. Hockstein

United Nations HighCommissioner for Refugees
Case Postale 2500
1211 Geneva 2
Switzerland
ww.unhcr.org

The electronic version ofthis strategy is available at:www.refworld.org/detention.html