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10/11/05
International Human Rights Day 2005, 10 December 2005
Freedom of movement is a fundamental human right
On 10 December, International Human Rights Day 2005, the Jesuit
Refugee
Service (JRS) calls attention to the plight of refugees,
asylum-seekers and
migrants around the world who are being held in detention or
detention like
circumstances, without any access to a legal process. JRS urges
states to:
1. only use administrative detention as a last resort, where
non-custodial measured have proved ineffective, and never as a
routine
measure of migration control; and
2. adopt procedures and conditions of detention that comply with
international laws and standards and ensure that sufficient
resources are
made available to enable this.
"Exact figures are not released by most governments. But it is a
fact often
hidden from the general public that hundreds of thousands of
forcibly
displaced persons who have not been accused or convicted of any
crime are
being held - sometimes for indefinite periods of time - in
prisons or
prison-like circumstances," said Fr Lluís Magriña SJ, JRS
International
Director.
A survey conducted among JRS offices around the world found
that, in many
states, procedures and practices relating to detention of
immigrants are
not in line with their states' international human rights
obligations. In
many countries host governments do not allow freedom of movement
to asylum
seekers and recognised refugees. For example, in many Southern
and Eastern
African countries where JRS works, refugees are detained for
leaving
particular areas or camps
"Most of the detained refugees and asylum seekers did not commit
criminal
offences but simply violated the administrative requirement that
they
remain in designated areas. Refugees and asylum seekers can be
detained in
any of Zambia's overcrowded prisons together with convicted
criminals.
Conditions in the prisons are extremely harsh. Detainees are so
crowded
that most are forced to sleep sitting up. It is often said that
sentencing
someone to more than three months in a Zambian prison is
tantamount to
sentencing them to death," said Mr Mulenga Nkula, JRS Zambia
Advocacy Officer.
In many industrialised countries asylum seekers are detained
while their
asylum claim is decided.
"All immigrants refused admission into Malta or apprehended by
the
immigration authorities for illegal entry or presence in
national territory
are detained, even if they apply for asylum. This despite the
fact that
international law requires states not to punish asylum seekers
who must
resort to illegal entry. Asylum seekers and irregular immigrants
are held
for up to 18 months in overcrowded detention centres run by the
national
security forces. Conditions in these centres are extremely poor,
falling
way below internationally recognised standards, and are
therefore cause for
grave concern", said Dr Katrine Camilleri, JRS Malta Assistant
Director.
Notes to the editor:
JRS works in over 50 countries in six continents around the
world. It
employs over 1,000 staff: lay, Jesuits and other religious to
meet the
education, health, social and other needs of over 450,000
refugees and
IDPs. Its services are provided to refugees regardless of their
race,
ethnic origin, or religious beliefs.
For further information contact:
Mr James Stapleton, Communications Coordinator, JRS
International;
Tel: +39 06 68 977390; +39 346 234 3841; email:
james.stapleton@mail05.jrs.net; www.jrs.net
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