Serious Concerns About Lack of Access to Counsel for Asylum Seekers

Child from Honduras

U.S. Senator Al Franken has called on Secretary of Homeland Security Jeh Johnson to ensure access to counsel for asylum seekers held in family detention centers. Joined by 18 Senate colleagues, Sen. Franken raises serious concerns regarding reports that U.S. Immigration Customs and Enforcement (ICE) is interfering with the ability of asylum-seeking mothers and children to access legal representation. Recently, individual volunteer attorneys, who had travelled to the privately-owned prison in Dilley, Texas where approximately 2000 Central American refugee women and children are detained,were barred from entering to provide  pro bono representation.

Access to counsel can be the difference between life and death for asylum seekers in the United States. Asylum seekers who have lawyers are more than three times as likely to be granted asylum as those who do not.  Having an attorney is “the single most important factor” affecting the outcome of the case. Yet individuals in immigration detention face the biggest challenge in obtaining legal representation.  The American Bar Association estimates that a whopping 84% of immigration detainees nationwide were unrepresented in their removal proceedings.

At the international level, The Advocates for Human Rights drew attention to the appalling lack of access to counsel for asylum seekers during the UN reviews for U.S. compliance with its obligations under the International Covenant on Civil and Political Rights, the Human Rights Council’s Universal Periodic Review, and the Convention Against Torture.  Most recently, The Advocates raised the continuing failure of the U.S. to recognize asylum seekers from Central America’s northern triangle in its statement to the UN Human Rights Council during a September 28 interactive dialogue on the impact of the world drug problem on the enjoyment of human rights:

As an NGO that provides free legal services to asylum seekers in the United States, we would particularly like to draw attention to an issue that we see on a daily basis: the impact that violent transnational criminal gangs in Central America, fueled by profits from the trade in illegal drugs, have on the lives Central Americans, forcing thousands of women and children to flee and seek safety in the U.S.

Transnational gangs extort, threaten, and forcibly recruit people living in strategic drug trafficking corridors. States in the region are ill-equipped to deal with crimes by these gangs, leaving victims unprotected from serious harm, including torture, disappearance, sexual violence, and murder. And the violence continues to grow, as gangs seek to solidify their control over valuable drug trafficking routes.

For example, gang members threatened to kill one of our clients, who I’ll call “Teresa”, after her family could no longer afford to pay protection money for the family business. Armed gang members abducted her, threw her into a truck, and took her to the leader’s house, where he beat and raped her. Left with no choice but to flee, she sought asylum in the U.S.

Yet the U.S. violates the fundamental rights of asylum seekers like Teresa by failing to recognize victims of transnational criminal gangs as refugees, even when such gangs operate as quasi-state actors that routinely torture, rape, and kill those who resist support or recruitment.

Asylum seekers face other violations, including arbitrary detention and prosecution for illegal entry. Mothers and their children are detained in difficult conditions pending preliminary credible fear determinations in two privately-owned prisons where attorneys have been denied access to clients and even summarily barred from the facilities.

The Advocates for Human Rights calls upon:

  • the Human Rights Council to include this issue in the discussion about the impact of the world drug problem on human rights;

  • the United Nations member States to ensure that their national drug policies consider the impact on the human rights of affected individuals and their countries; and

  • the U.S. to end family immigration detention and expedited removal procedures and to treat all asylum seekers in accordance with international standards.

See The Advocates’ volunteer Dr. Bill Lohman deliver the oral statement to the Human Rights Council:

In July, The Advocates launched a bilingual National Asylum Help Line to connect families released from U.S. immigration detention centers like the one in Dilley with free legal services. Migrants are encouraged to call the Help Line at 612-746-4674 to receive basic legal screening, information about the legal process, and referrals to agencies in areas in which they live.

By Michele Garnett MacKenzie, The Advocates for Human Rights’ Director of Advocacy, and Deputy Director Jennifer Prestholdt

Originally published at theadvocatespost.org on October 29, 2015.

Advertisements

Human Rights Tools for a Changing World

Change the World front cover

Originally published on The Advocates Post

The Advocates for Human Rights’ Executive Director Robin Phillips is in London today speaking about The Advocates’ human rights monitoring work at the International Bar Association’s colloquium on “Rule of Law Fact-Finding by NGOs: Monitoring Standards and Maximising Impact”.

This international convening to explore the standards and impact of non-governmental organization (NGO) fact-finding on human rights violations is also an appropriate setting to introduce The Advocates’ latest publication:

        Human Rights Tools for a Changing World:  A Step-by-Step Guide to Human Rights Fact-finding, Documentation and Advocacy 

Human rights advocacy takes many forms, and human rights activists can be found in every corner of the world.  Human Rights Tools for a Changing World was created with the express purpose of providing advocates of all backgrounds and experiences a full range of tools and resources to promote human rights in a changing world.

This manual provides practical, step-by-step guidance for individuals and community groups who want to use human rights monitoring, documentation, and advocacy in their work to change policy and improve human rights conditions throughout the world. From framing an issue in terms of internationally recognized human rights standards to submitting a detailed complaint to an international human rights body, advocates can use this manual to plan and implement their work. The manual is designed to aid advocates undertaking a variety of activities—from the relatively simple to the more complex. With background information, key questions to consider, case examples, and practitioner’s tips, this manual provides tools to combat human rights abuses and change social institutions and structures to promote the full realization of human rights.

The practice-oriented sections help advocates to do the following:

  • Monitor: identify ongoing human rights abuses and collect the information advocates need about these issues;
  • Document: analyze, present that information, and make recommendations within the framework of international human rights standards;
  • Advocate: choose and implement a strategy to bring the lived reality closer to the ideals proclaimed by international human rights treaties, including through advocacy at international and regional human rights mechanisms;
  • Address Impunity and Accountability: identify strategies and legal mechanisms i for holding perpetrators and governments accountable for human rights violations; and
  • Build Capacity to Improve Human Rights: develop a better understanding of the international human rights system, identify strategies for applying a human rights framework, and develop competence in setting up and effectively running an organization in safety and security.

The Advocates for Human Rights  is uniquely qualified to present the human rights tools in this manual. Human Rights Tools for a Changing World is grounded in the The Advocates’ daily work in human rights fact-finding, documentation and advocacy.  For more than 30 years, The Advocates has adapted traditional human rights methodologies to conduct innovative research and generate human rights reports and educational trainings designed to bring laws, policies, and practice into compliance with international human rights standards. The Advocates has monitored human rights conditions and produced more than 75 reports documenting human rights practices in dozens of countries around the world on a wide range of human rights issues.

The contents of this manual were also shaped by the requests for assistance and guidance that The Advocates routinely receives from human rights defenders and others seeking to change human rights conditions in their communities throughout the world. Partnership on projects identified and led by local organizations is a powerful means to effectively implement human rights work in the field. At The Advocates, we view our constituencies as partners and form enduring working relationships with organizations and community groups in the U.S. and around the world.

The Advocates’ participatory model of working with in-country civil society organizations to document human rights abuses and coordinate advocacy for change has also demonstrated to us the critical importance of having access to a wide range of human rights tools.  Flexibility is key; there is no “one size fits all” human rights methodology.  Activists need a full menu of strategies and resources so they can choose the ones that will work best in each specific context. With the right tools, real human rights improvements are eminently possible.

We hope that that Human Rights Tools for a Changing World will benefit and be used by human rights defenders and civil society organizations throughout the world. Because every person matters.

Download your free copy at:  TheAdvocatesForHumanRights.org/Change

Individual chapters and appendices can also be downloaded individually.

By:  Jennifer Prestholdt, Deputy Director and Director of  the International Justice Program at The Advocates for Human Rights