Detention and deportation of Zimbabweans costly and does not deter - New handbook on alternatives to detention

Johannesburg, 14 July 2011. Immigration detention in South Africa and internationally is extremely expensive, can harm the health and wellbeing of those detained and has been found to not be effective at deterring irregular migrants, including Zimbabweans. Global research spanning two years conducted by La Trobe University and the International Detention Coalition (IDC) found cheaper alternatives that work effectively in the interests of government and the individual. Such alternatives maintain cooperation with authorities, including during return, while maintaining health and wellbeing.

 

South Africa, to its credit, does not routinely detain asylum seekers and refugees, but of serious concern at the current time is the precarious situation of Zimbabweans in the country. The moratorium on deportations to Zimbabwe, which has been in place since April 2009, will be lifted on 31 July 2011. There are an estimated 1.5 million Zimbabweans in South Africa, of which about   150 000 are in the asylum process, and 133 000 have been documented through a special documentation process which was carried out over 2010/2011. This leaves the majority of Zimbabweans in South Africa vulnerable to this detention and deportation process.

 

According to IDC Regional Representative, Kaajal Ramjathan-Keogh at Lawyers for Human Rights, “There is no evidence which shows that the detention and mass removal of Zimbabweans has been an effective migration management tool. In a pre-April 2009 period we saw the removal of hundreds of Zimbabweans each month. This is consistent with the IDC research on Alternatives to Detention. This practice seems to have had no deterrent effect and Lawyers for Human Rights has seen the return of many of these deported persons on a regular basis. A return to this process of mass removals is unlikely to have the desired effect of deterring irregular movements. LHR would recommend that South Africa seriously consider alternative detention practices”.

 

The IDC’s international research found that alternatives to detention are reliable and work for the government, community and individuals. The research found high compliance rates in the community, including for those facing return, when individuals are supported to explore all legal avenues. Absconding rates were as low as 1%. In addition, independent and voluntary returns in the EU and Australia save approximately 70% compared to escorted removals.

 

Grant Mitchell, IDC Director, said, “There are effective, humane and cost-effective alternatives to detention that are achieving high compliance rates and cost less than detention. These can easily be expanded for individuals subject to return and removal.” Alternatives also cost less than immigration detention. An estimated cost saving of 93% was noted in Canada and 69% in Australia on alternatives to detention compared to regular detention costs.  

 

International human rights law and standards indicate that alternatives to detention should be explored first, with detention used only as a last resort. The IDC has identified good practices from around the world, and introduces CAP, the Community Assessment and Placement model. This model identifies mechanisms currently in use which enforce immigration law without a heavy reliance on detention, highlights effective management in the community and assists governments to make informed decisions on appropriate placement and management. The handbook is an invitation for governments, including South Africa, to review their immigration management policies.

 

The IDC launched the research in Geneva in May and will visit all continents to present the CAP model to governments and civil society and apply it to the immigration detention issues in each region. The full report as well as an introduction for policy makers is available on www.idcoalition.org.

 

Contact: Grant Mitchell, IDC director, Mobile: + 61 403 194665, Email: gmitchell [at] idcoalition [dot] org

Contact: Kaajal Ramjathan-Keogh, Programme Director, Refugee and Migrant Rights Programme, Lawyers for Human RightsContact: + 27 11 339 1960 / + 27 84 514 8039