Returns Directive: how can NPMs act strategically

together to take up similar positions in relation to the

Returns Directive?European NPM Project 9th

Thematic Workshop: irregular migrants, Frontex and the NPMs

Belgrade, Serbia, 12 June 2012

Outline• Implementing the Returns Directive in

Switzerland;

• Pre-conditions for CNPT‘s involvement in the monitoring of removals by air;

• Advantages of legal-based NPM solution;

• Monitoring system envisaged by CNPT;

• Strategic action for NPMs: some thoughts

Implementing the Returns Directive

– Federal Office of Migration (FOM) launched a public appeal in 2011 for flight monitoring;

– FOM mandated the Evangelical Churches to conduct a pilot phase;

– Pilot phase implemented form July 2011 – December 2011;

– Report published in March 2012(download) http://www.bfm.admin.ch/content/dam/data/pressemitteilung/2012/2012-03-22/20120322-taetigkeitsbericht-d.pdf

– CNPT takes over monitoring of forced removals by air from July 2012 onwards.

Pre-conditions for CNPT‘s involvement in the monitoring

of removals by air

– No formal mandate from the FOM;→ Implementation of the Returns Directive

solely based on CNPT‘s federal law.

– Budgetary requirements need to be fully met. → CNPT‘s budget has been increased by Fr.

340‘000.-.

Advantages of legal-based NPM solution for monitoring

– Unrestricted access to all places where people are deprived of their liberty under jurisdiction of the state → pre-removal retention centers, forced removal and possibility to visit returness after aborted removal.

– Unrestricted access to key information and data about returnees→ prior to each flight, detailed information about detainees.

Monitoring system envisioned by CNPT

Three pillars

• Recruit and train monitoring experts;• Establish a formal dialogue with authorities in

charge of forced removals by air; • Discussion forum with civil society organisations.

Monitoring system envisioned by CNPT

1. Monitoring experts• CNPT is about to recruit a minimum of twelve

experts in the field of law, detention or medicine to monitor approximately 40 special flights/year;

• A specific training with relevant theoretical (national and international legislation) and practical knowledge (i.e. application of physical restraints) will take place in August 2012;

• Debriefing after every flight and reporting to the Secretariat within 48 hours!

Monitoring system envisioned by CNPT

2. Dialogue with authorities• Regular meetings (4-5 per year) with

representatives of FOM, the Union of the Cantonal Migration Authorities and the Swiss Conference of the Police Commanders.

• Aim: inform about monitoring observations and discuss first recommendations.

• Report on monitoring activities, including all formal recommendations is submitted at least once a year to the Federal Councillor of the Department of Justice and Police and the President of the Cantonal Conference of the Heads of Justice and Police.

Monitoring system envisioned by CNPT

3. Consultative Forum with civil society• Representatives of major civil socitey organisations

in the field of migration (e.g. Swiss Refugee Council, Swiss Medical Association, OMCT, Federal Commission on Migration, Red Cross etc.);

• Representatives of FOM, Swiss police, cantonal authorities;

• Aim: discuss thematic and selected issues arising during monitoring activities such as application of physical and medical restraints, proportionnality issues etc.

Strategic action for NPMs: some thoughts

Short-term strategy• Develop common standards on monitoring forced

removals by air; • Create an interactive forum for sharing experiences

in the field of monitoring;• Draft a common engagement strategy.

Mid-term strategy• Develop inter-NPM cooperation especially on Dublin-

out and Frontex flights through joint ventures. • Cooperation with NPMs for hand-over of returnees.

Thank you for your attention!