scholarly journals THE ROLE OF IMMIGRATION DETENTION CENTERS IN THE PROTECTION OF THE HUMAN RIGHTS OF ASYLUM SEEKERS

2020 ◽  
Vol 2 (2) ◽  
pp. 1-13
Author(s):  
Andreas Agustinus Simamora ◽  
Surya Pranata
Keyword(s):  
Human Rights ◽  
Data Analysis ◽  
Asylum Seekers ◽  
Medical Personnel ◽  
Immigration Detention ◽  
Detention Center ◽  
Detention Centers ◽  
Inhibiting Factors ◽  
Collection Data ◽  
Food Needs

The mobility of foreigners in Indonesia is very numerous and varied. One of them is an asylum seeker who entered Indonesia without immigration documents. In handling immigration violations and to accommodate the asylum seekers, an Immigration Detention Center was formed to provide them with the fulfillment of human rights. This study aims to identify and analyze the Semarang Immigration Detention Center in fulfilling human rights for asylum seekers and to identify and analyze the supporting and inhibiting factors faced. This type of research uses sociological juridical and data analysis using a qualitative approach method. The research data were obtained through interviews and documentation. Meanwhile, the data processing is done through data collection, data presentation, data analysis, and conclusions. The Semarang Immigration Detention Center itself in fulfilling human rights for asylum seekers is carried out by providing structured programs, namely health check services, providing food needs and providing access to education for asylum seekers. Supporting factors are the Semarang Immigration Detention Center in collaboration with related parties, namely PKBI and the Hospital to provide human rights fulfillment for asylum seekers and the enthusiasm of asylum seekers who always participate in the programs and activities given. The inhibiting factors are the absence of medical personnel who are on standby 24 hours, the unavailability of a warehouse for storing medicines, and the language used in communication as well as the different tastes of the food menu for each detainee there.

scholarly journals Peran Rumah Detensi Imigrasi dalam Perlindungan Hak Asasi Manusia Pencari Suaka

2015 ◽  
Vol 10 (1) ◽  
Author(s):  
Villian Febri Morradi
Keyword(s):  
Human Rights ◽  
Data Analysis ◽  
Asylum Seekers ◽  
Medical Personnel ◽  
Qualitative Approach ◽  
Access To Education ◽  
Immigration Detention ◽  
Detention Center ◽  
Inhibiting Factor ◽  
Food Needs

Mobilitas orang asing di Indonesia sangat banyak dan bermacam-macam. Salah satunya adalah pencari suaka yang masuk ke Indonesia tanpa dokumen keimigrasian. Dalam penanganan pelanggaran keimigrasian dan untuk menampung para pencari suaka tersebut maka dibentuklah Rumah Detensi Imigrasi guna memberikan pemenuhan hak asasi manusia bagi mereka. Penelitian ini bertujuan untuk mengetahui dan menganalisis Rumah Detensi Imigrasi Semarang dalam pemenuhan HAM bagi para Pencari Suaka dan untuk mengetahui dan menganalisis faktor pendukung dan penghambat yang dihadapi. Jenis penelitian ini menggunakan Yuridis Sosiologis dan analisis data menggunakan metode pendekatan kualitatif. Data penelitian diperoleh melalui wawancara dan dokumentasi. Sedangkan proses pengolahan data melalui pengumpulan data, penyajian data, analisis data, dan kesimpulan. Rumah Detensi Imigrasi Semarang sendiri dalam pemenuhan HAM bagi para pencari suaka dilakukan dengan cara memberikan program-program yang dilaksanakan secara terstuktur yaitu pelayanan cek kesehatan, memberikan kebutuhan makanan dan memberikan akses pendidikan bagi para pencari suaka. Faktor Pendukungnya adalah Rumah Detensi Imigrasi Semarang bekerjasama dengan pihak-pihak terkait yaitu PKBI dan Rumah Sakit guna memberikan pemenuhan HAM pencari suaka dan antusias dari para pencari suaka yang selalu ikut berpartisipasi dalam program dan kegiatan yang diberikan. Adapun faktor penghambatnya yaitu tidak adanya tenaga medis yang standby 24 jam, tidak tersedianya gudang penyimpanan obat-obatan, dan faktor bahasa yang digunakan dalam komunikasi serta selera menu makanan yang berbeda-beda setiap deteni disana.<br /><br /><br />Mobility of foreigners in Indonesia are many and diverse. One is the asylum seekers who enter Indonesia without immigration documents. In the handling of immigration violations and to accommodate asylum seekers immigration detention center will be established in order to provide fulfillment of human rights for them. This study aims to identify and analyze the immigration detention center in Semarang in the fulfillment of human rights for asylum seekers and to determine and analyze the supporting factors and obstacles encountered. This research uses Juridical Sociological and analyzed using qualitative approach. Data were obtained through interviews and documentation. While the data processing through data collection, presentation of data, data analysis, and conclusions. Semarang immigration detention center in the fulfillment of human rights for asylum seekers is done by providing programs that are implemented in a structured namely health check services, provide food needs and provide access to education for asylum seekers. Supporters factor is immigration detention center in Semarang in cooperation with the relevant parties, namely PKBI and the Hospital to provide fulfillment of human rights of asylum seekers and the enthusiasm of the asylum seekers who have always participated in the programs and activities provided. The inhibiting factor is the lack of medical personnel 24 hours standby, unavailability of medicines storage sheds, and factor the language used in communications and taste the food menu is different every deteni there.

scholarly journals Detained during a Pandemic: Human Rights behind Locked Doors

2021 ◽  
Vol 10 (7) ◽  
pp. 276
Author(s):  
Justine N. Stefanelli
Keyword(s):  
Human Rights ◽  
Advocacy Groups ◽  
Private Companies ◽  
Immigration Detention ◽  
Legal Representation ◽  
Detention Centers ◽  
United States Immigration ◽  
States Immigration ◽  
Locked Doors ◽  
The U.S

Every year, thousands of people are detained in United States immigration detention centers. Built to prison specifications and often run by private companies, these detention centers have long been criticized by academics and advocacy groups. Problems such as overcrowding and lack of access to basic healthcare and legal representation have plagued individuals in detention centers for years. These failings have been illuminated by the COVID-19 pandemic, which has disproportionately impacted detained migrants. Against a human rights backdrop, this article will examine how the U.S. immigration detention system has proven even more problematic in the context of the pandemic and offer insights to help avoid similar outcomes in the future.

scholarly journals Khlaifia and Others v. Italy

2018 ◽  
Vol 112 (2) ◽  
pp. 274-280
Author(s):  
Jill I. Goldenziel
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
Individual Rights ◽  
Detention Centers ◽  
European Court ◽  
Grand Chamber ◽  
The Individual ◽  
The Arab Spring ◽  
Domestic Law

In Khlaifia and Others v. Italy, the Grand Chamber of the European Court of Human Rights (Grand Chamber or Court) released a landmark opinion with broad implications for how states must respect the individual rights of migrants. In the judgment, issued on December 15, 2016, the Court held that Italy's treatment of migrants after the Arab Spring violated the requirement of the European Convention on Human Rights (ECHR) that migrants receive procedural guarantees that enable them to challenge their detention and expulsion. The Court also held that Italy's treatment of migrants in detention centers did not violate the ECHR's prohibition on cruel and inhuman treatment, in part due to the emergency circumstances involved. The Court further held that Italy's return of migrants to Tunisia did not violate the prohibition on collective expulsion in Article 4 of Protocol 4 of the ECHR. Enforcement of the judgment would require many European states to provide a clear basis in domestic law for the detention of migrants and asylum-seekers. Given the global diffusion of state practices involving migrants, and other states’ desires to restrict migration, this case has broad implications for delineating the obligations of states to migrants and the rights of migrants within receiving countries.

scholarly journals Traffic Policy towards the Current of Refugees and Subscribers Movement in Reforming State Sovereignty

2020 ◽  
Vol 3 (2) ◽  
pp. 167-172
Author(s):  
Lisda Syamsumardian ◽  
Abdul Rachmad Budiono ◽  
Moh. Fadli ◽  
Dhiana Puspitawati
Keyword(s):  
Asylum Seekers ◽  
The State ◽  
Point Of View ◽  
State Sovereignty ◽  
Trafficking In Persons ◽  
Immigration Detention ◽  
Detention Center ◽  
Sociological Approach ◽  
Monitoring Mechanism ◽  
Refugees And Asylum Seekers

Countries like Indonesia that have immigration routes will look at every foreigner’s problem from an immigration point of view. Foreigners who enter Indonesia without travel documents are considered illegal. When referring to concrete cases, generally refugees or asylum seekers may not have complete travel documents. Because it is impossible for them to be forced to leave their country, by first obtaining a visa, passport, or other correspondence. In most cases that occur, refugees or asylum seekers do not have complete travel documents. So, in order to maintain sovereignty in the authority of immigration supervision, it is very important to research related Immigration traffic. The problem raised in this paper is how the monitoring mechanism of immigration traffic, in order to reinforce the concept of sovereignty. In writing this journal the author uses a statutory approach, a case approach, and a sociological approach. The method used in this paper is a normative juridical method so that answers will be found in the form of a descriptive perspective. The conclusion in this paper is that the policy on the flow of refugee movements into Indonesia is not in accordance with the concept of sovereignty, where the regulation of the flow of refugee movements is very vulnerable to the aspects of crime (trafficking in persons, narcotics, prostitution, etc.), in fact the sovereignty of the state become a protector for refugees who come to Indonesia, from international and national crime systems, and that is often misunderstood. So, the suggestion from this research is that immigration should be given space in the framework of supervision for Refugees and Asylum Seekers, which have been under the authority of the Immigration Detention Center (RUDENIM).

scholarly journals MANAJEMEN SISTEM NASKAH DINAS ELEKTRONIK (SINDE) PADA LEMBAGA PENJAMINAN MUTU PENDIDIKAN PROVINSI KALIMANTAN TENGAH

2021 ◽  
Vol 3 (2) ◽  
pp. 155-162
Author(s):  
Winda Sinta Dewi ◽  
Slamet Winaryo ◽  
Sumarnie
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Data Collection ◽  
Organizational Structure ◽  
Central Kalimantan ◽  
Data Presentation ◽  
Management Personnel ◽  
Inhibiting Factors ◽  
Collection Data ◽  
And Training

Abstrak: Penelitian ini bertujuan untuk mendeskripsikan tentang Manajemen SINDE pada LPMP Provinsi Kalimantan Tengah. Penelitian ini merupakan penelitian kualitatif. Sumber data meliputi: Kasubbag. TU, Koordinator Persuratan, dan Operator SINDE. Pengumpulan data menggunakan: observasi, wawancara, dan dokumentasi. Analisis data melalui tahapan pengumpulan data, reduksi data, penyajian data dan penarikan kesimpulan. Pengabsahan data melalui teknik triangulasi sumber dan teknik. Hasil penelitian menunjukkan bahwa: (1) Perencanaan dilakukan dengan dari mengatur susunan SOP, melakukan rapat koordinasi menyusun SOP yang memperhatikan persiapan, penilaian kebutuhan SOP, pengembangan SOP, penerapan SOP, serta Monev SOP; (2) Pengorganisasian dilakukan dengan membentuk struktur organisasi serta tugas dan tanggungjawab personil pengelola SINDE; (3) Pengawasan dan Evaluasi melalui penilaian terhadap pegawai yang aktif dalam menggunakan SINDE; dan (4) Faktor penghambat: keterbatasan jumlah operator SINDE, dan minimnya kecakapan operator SINDE, serta kendala tekniks lainnya. Solusi untuk mengatasi kendala tersebut melalui bimbingan dan pelatihan intensif serta kerjasama dengan pihak terkait. Abstract: This study aims to describe the SINDE Management at LPMP Central Kalimantan Province. This research is a qualitative research. Sources of data include: Head of Subsection. TU, Mailing Coordinator, and SINDE Operator. Collecting data using: observation, interviews, and documentation. Data analysis through the stages of data collection, data reduction, data presentation and drawing conclusions. Validation of data through source and technique triangulation techniques. The results of the study indicate that: (1) Planning is carried out by arranging the composition of SOP, conducting coordination meetings to prepare SOPs that pay attention to preparation, assessment of SOP needs, SOP development, SOP implementation, and SOP Monev; (2) Organizing is done by establishing an organizational structure as well as the duties and responsibilities of SINDE management personnel; (3) Supervision and Evaluation through assessment of employees who are active in using SINDE; and (4) inhibiting factors: the limited number of SINDE operators, and the lack of skills of SINDE operators, as well as other technical obstacles. The solution to overcome these obstacles is through intensive guidance and training as well as collaboration with related parties.  

scholarly journals Detention in Canada of asylum claimants for identity determination: a critical review of the literature pertaining to Canada’s immigration detention centres

2021 ◽  
Author(s):  
Nadjibullah Alamyar
Keyword(s):  
Human Rights ◽  
Critical Review ◽  
Review Of The Literature ◽  
International Human Rights ◽  
Immigration Detention ◽  
Canadian Charter ◽  
Detention Centers ◽  
Canadian Immigration ◽  
International Human ◽  
The Government

This paper maps the unconstitutionality of Canada’s legislation regarding asylum claimants. In particular, the paper examines the policies that allow asylum claimant’s detainment in the absence of identification. The aim of this study is twofold. First, it establishes through a meta-synthesis of the literature, gap that exist in the study of immigration detention centers. These studies clearly demonstrate that immigration detention centres are similar to prisons but significantly do not consider the constitutionality of identification requirements that subject asylum claimants to detention. Second, the study demonstrates through a human rights approach that Canadian policies which require refugees to prove their identity prior to claim adjudication violates the asylum claimant’s Charter and fundamental human rights. Canada’s approach, which makes asylum claimants responsible for proving their identity reintroduces the practice of reverse onus. Hence Canadian immigration policies enacted in 2001 (post-9/11), are in violation of the Canadian Charter of Rights and Freedom and in violation of international human rights laws. I suggest that if the government is serious about the human rights of asylum claimants it must create policies that ensure the protection of refugee rights in Canada.

Women of Color’s Reproductive Perils Reproduced

Contexts ◽  
2021 ◽  
Vol 20 (4) ◽  
pp. 58-60
Author(s):  
Felicia O. Casanova
Keyword(s):  
Human Rights ◽  
Reproductive Health ◽  
Women Of Color ◽  
Economic Interests ◽  
Detention Center ◽  
Detention Centers ◽  
Poor Women ◽  
Women’S Reproductive Health ◽  
Historical Accounts ◽  
Women's Reproductive Health

Last year, women detained at a Georgia ICE detention center accused a doctor of conducting various hysterectomies that were unwanted or without consent. These allegations echo past sterilization abuses on women of color and challenge us to recall some historical accounts of women's sterilization in Black and Brown communities in America, including eugenics programs targeting poor women of color. When particularly examining the women's reproductive health in the carceral system, there are direct conflicts between providing proper healthcare and human rights protections and the economic interests of privately operated detention centers. This essay reviews these concerns and recommends changes from government and carceral facilities.

scholarly journals The People’s Inquiry into Detention: Social work activism for asylum seeker rights

2019 ◽  
Vol 56 (1) ◽  
pp. 100-114
Author(s):  
Linda Briskman
Keyword(s):  
Human Rights ◽  
Social Movements ◽  
Social Work ◽  
Asylum Seeker ◽  
Asylum Seekers ◽  
Immigration Detention ◽  
Global Context ◽  
Professional Groups ◽  
Professional Advocacy ◽  
Policies And Practices

In 2008, findings from the People’s Inquiry into Detention were published as Human Rights Overboard: Seeking Asylum in Australia. The People’s Inquiry, led by social work academics in Australia, exposed injustices within Australia’s privatised detention network for asylum seekers and interrogated policies and practices that ensued since mandatory immigration detention was introduced by legislation in 1992. With reference to the global context, the article presents a snapshot of policies and practices revealed by the People’s Inquiry that were considered antithetical to human rights and discusses this extensive undertaking within a broader context of asylum seeker social movements and professional advocacy endeavours that continue as harsh policies escalate. The article speaks to the resilience of the asylum seeker movement, often against the odds, a movement that includes responsive and tenacious professional groups.

scholarly journals A gay Nigerian man’s journey to asylum in the USA

2019 ◽  
Vol 12 (4) ◽  
pp. e227637
Author(s):  
Mytien Nguyen ◽  
Ryan Handoko ◽  
Emmanuella Asabor ◽  
Katherine C McKenzie
Keyword(s):  
Mental Health ◽  
At Risk ◽  
Human Rights ◽  
Physical Examination ◽  
Social Group ◽  
Asylum Seekers ◽  
Health Evaluation ◽  
Detention Center ◽  
Detention Centre ◽  
The Usa

We report the case of an individual from Nigeria seeking asylum in the USA on the basis of persecution for being gay, who was physically and sexually assaulted in Nigeria and detained upon arrival to the USA. We present physical examination findings and the results of a brief mental health evaluation performed at Elizabeth Detention Center in New Jersey for his asylum evaluation. Individuals are able to seek asylum as members of a “particular social group”, in this case, being gay. They seek asylum in the USA as they will continue to be at risk for harm if they stay in their home countries. However, the detention of asylum seekers often violates US human rights obligations and can occur without formal oversight. We explore the unique complications and experiences of lesbian, gay, bisexual, transgender and queer asylum seekers throughout the asylum process, from Nigeria to a detention centre in the USA.

scholarly journals Technology, Control, and Surveillance in Australia’s Immigration Detention Centres

Refuge ◽  
2013 ◽  
Vol 29 (1) ◽  
pp. 9-19 ◽  
Author(s):  
Linda Briskman
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Immigration Detention ◽  
Alternative Means ◽  
Technology Control

Although mandatory immigration detention for “unauthorized” arrivals in Australia receives considerable attention, the use and abuse by government of technologies within sites of detention is less publicized. Control and surveillance are exercised in a number of ways. Immigration detainees have been denied adequate access to technologies that would enable them to fully communicate with family and friends and are deprived of the capacity to acquire information that can ensure their human rights are realized. At the same time that asylum seekers experience restrictions, devices are in place to control detainees through technological surveillance. Despite the prohibitions and impositions, detainees have adopted alternative means of communication in defi ance of the limits foisted upon them.

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