177 Asylum seekers detained in these prisons are criminalised and are subject to general prison standards such as wearing prisoner uniforms and lockdowns. The UNHCR has made it clear that the imposition of such standards on asylum seekers is inappropriate.91 178 There are well known negative, and at times serious, physical and psychological, consequences for asylum seekers in prison detention. However, prison staff are often not trained in relation to asylum, the identification of the symptoms of trauma and standards related to detention of asylum seekers. 179 Furthermore corrections staff are often unaware which detainees are asylum seekers. The absence of this basic knowledge can prove problematic in monitoring the standards and conditions being applied to asylum seekers. 180 The Commission recommends that the Committee urge the Government to commit to ensuring that:  asylum seekers detained in correctional facilities are separated from other prisoners;  asylum seekers are not subject to criminal standards of detention; and  prison staff are appropriately trained in relation to standards of detention for asylum seekers, the identification of the symptoms of trauma and human rights. Alternatives to Detention 181 Historically, New Zealand has been viewed as both a regional and global leader with regard to Alternative to Detention (“ATD”) development and implementation. Section 315 of New Zealand’s Immigration Act 2009 introduced a tiered detention and monitoring system that includes a greater ability to use reporting and residence requirements instead of secure detention. Section 315 reads: [A]n immigration officer and the person liable for arrest and detention may agree that the person will do all or any of the following things: (a) reside at a specified place; (b) report to a specified place at specific periods or times in a specified manner; (c) provide a guarantor who is responsible for: (i) 91 ensuring the person complies with any requirements agreed under UNHCR, Detention guidelines, p 31 available at http://www.unhcr.org/505b10ee9.html . Page 49 of 93 Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR

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