Botswana has both administrative migration-related detention measures, including for the detention of refugees, as well as criminal penalties that can include lengthy imprisonment for migration offenses. These measures violate norms promoted by the Working Group, which says that migration infractions must not be subject to criminal penalties and there should be a prohibition on the detention of refugees, asylum seekers, and children. […]
Arbitrary detention
UNITED ARAB EMIRATES: Submission to the Committee against Torture
Detained non-citizens in the UAE frequently face arbitrary arrests, poor conditions of detention, an inability to access information about their cases, and deportation without recourse to legal remedies. Their treatment may amount to cruel, inhuman, or degrading treatment or punishment, prohibited by Article 16 of the UN Convention against Torture. […]
The UN Committee on Migrant Workers as a Venue for Protecting the Rights of Migrant Detainees: A GDP Briefing with CMW Member Pablo Ceriani
The second in the GDP’s ongoing series of webinars on international human rights mechanisms and their application to situations of migration-related detention. […]
Immigration Detention in Australia: Turning Arbitrary Detention into a Global Brand
Australia’s migration detention system is uniquely severe, arbitrary, and punitive. It includes a range of extreme and controversial policies–mandatory, indefinite, offshore, fully privatised detention–which are given blanket legal cover, are vigorously defended in the face of growing global opprobrium, and are spreading to countries near and far. […]
NEWSLETTER: Arbitrary Detention & International Migrants Day
On International Migrants Day 2021, let’s imagine a world where no migrants are subjected to arbitrary detention On International Migrants Day, 18 December, we celebrate the invaluable contributions that migrants and their families make to their host communities across the globe, which is reflected in the UN’s optimistic theme for this year’s day: “harnessing the potential of human […]
Arbitrary Detention and International Migrants Day
International Migrants Day, celebrated on 18 December, provides the world an opportunity to celebrate the invaluable contributions that migrants and their families make to their host communities across the globe. The positive and constructive roles that migrants play is reflected in the UN’s optimistic theme for this year’s day: “harnessing the potential of human mobility.” […]
Committee on Migrant Workers: General Comment No. 5 (2021) on migrants’ rights to liberty, freedom from arbitrary detention and their connection with other human rights
On 7 October 2021, the UN Committee on Migrant Workers released its General Comment No. 5 (2021), which provides an authoritative interpretation of articles 16 and 17 and other articles of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, focusing on migrants’ right to liberty and freedom from arbitrary detention. […]
