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Methodology of monitoring:
The questionnaire: part 1 – personal examination of the monitored
premises by the NGO team,
part 2 – questionnaire for the empowered employee of the visited institution,
part 3 – questionnaire for the asylum seekers who are inmates of the monitored institution.
Why monitor at all ?
Thesis #1 : Monitoring only necessary at the point of introduction of new regulations /laws change/
Thesis #2: Monitoring only necassary when serious doubts as to the the respect of legal standards arise /laws not respected/
Thesis #3: Monitoring only necessary when considerable change in objective factors occurs
Why monitor at all ?
In fact all mentioned thesis: #1, #2, #3 are correct
Additionally:
Thesis #4: Monitoring should be a constant
Undertaking in order to achieve its primary goal
which is – enhancing overall protection.
Models of Monitoring – two directions
Models of Monitoring
As cooperation As confrontation
NGOs with the State NGOs vs. the State
Monitoring as cooperation or confrontation
Monitoring as cooperation
Assessing situation
Roundtablewith State
Disseminatingresults (general public)
Public debate
Working out solutions
Next stage of monitoring
Better protection
Monitoring as cooperation or confrontation
Monitoring as confrontation
Assessing situation
Disseminatingresults (general public)
Public debate
Confrontation and critique
Difficulties in next stage of monitoring
Backlash from the State
Less protection
NGOs – StateResponsibility sharing
Protection of asylum seekers & refugees lies
primarily upon the Host States.
The role of NGOs is therefore primarily
enhancing already existing protection and
providing additional services.
What should be the outcome of NGOs monitoring programs ?
Identyfying protection gaps
Constant analysis of implementation of standards
Advocating for improvement of any shortcomings observedVerification of the laws in practice
Providing information
Rendering legal assistance
Phazes and scope of Monitoring Program
Phaze 1
early warning – joint NGO monitoring
Status: completed (by Feb. 2004)
Phaze 2
complete monitoring – carried out by HNHRA
Status: ongoing (until May 2005)
Recap: How to enhance protection in detention ?
Capacity building Networking and cooperation Involvevement of versatile partners Building of workable structures – under an umbrella organization
scheme
Access to detention Cooperation with the Governmental institutions. Working out codes of conduct for efficient cooperation
Constant monitoring & assistance Reporting Providing mechanisms for adequate solutions Experience sharing/ trouble shooting
Contact info:
The Halina Niec Human Rights AssociationUl. Sobieskiego 7/3
31-136 Cracow, Polandtel/fax: +48 12 633 72 23
e-mail: [email protected]
