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)
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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