Local Undocumented Migration Policy in the Municipality of Utrecht

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Jan Braat

Niene Oepkes

Local Undocumented

Migration Policy in the

Municipality of Utrecht, The

Netherlands

Tampere september 10, 2013

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Situation Utrecht in the winter

• Sleeping rough in the Utrecht forest area

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Basic Legal Principles Local Policy

• Human Rights Treaties:

a. European Convention on Human Rights (art 3)

b. International Convention on the Rights of the Child

c. EU Return Directive

• European Committee of Social Rights:

• Shelter for families with children, based on a ruling European Committee of Social Rights (2008) and of the High Court of the Netherlands (2012). First case was won in Utrecht.

• Complaint by European Conference of Churches against the Dutch State 2013 (European Committee of Social Rights to Shelter undocumented migrants)

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Policy Objectives Utrecht Migrant Policy

• Dutch municipalities are obliged to give shelter to vulnerable undocumented migrants by Dutch court decisions

• Public Order competence Mayor

Objective: To prevent and reduce illegal stay in the Netherlands

The result is:

• either a residence permit with coaching to education and work

• or “reconnection” to the country of origin

• Homelessness and rough sleeping on the street is not the solution, but part of the problem

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Utrecht Comprehensive Policy Undocumented Migrants

Solution oriented and pragmatic coaching:

1. Support Centre Perspective former Unaccompanied Minors (18+) and Support centre Undocumented Migrants

2. Emergency shelter rejected asylum seekers

3. Medical shelter Undocumented Migrants

4. EU migrants successful approach Polish organization Barka reconnection and work

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How to handle the politics?

• Successfactors:

• Combine the solution for social problems and public order

• An effective policy is as much non-political as possible

• Create a network of simular Cities

• Human Rights principles and EU directives are more important then national policies

• Needs local politicians with backbone

• Use media exposure to influence national policies.

• Leaflet “ basic rights for undocumented migrants” in Utrecht

• More cooperation of best practices by municipalities on successful local irregular migration policies

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Appendix results Utrecht migration policySupport Centre Perspective:

• Award most successful social project in Utrecht 2004

• Public Order Award, City of Utrecht 2005

• Nomination Eurocities Award, Gdansk Poland 2007

• Results better then national policy

• Experiment 20 municipalities 2009 - 2011

Successfactors of one-stop-shop support centre:

1. Respectful coaching based on trust in a homelike environment

2. Estimating chances on residence permit through excellent

legal counselling

3. Increasing perspective of a future in countries of origin

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Results outflow national

16%

10%

74%

Repatriation Status Unknown destination

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Total results Utrecht Perspective Approach (outflow)

19%

53%

9%

19%

Repatriation Status

Unknown destination Unknown destination after Plexa

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Barka-approach homeless EU migrants:

• Successfactors local approach:

• “leaders” who experienced and overcame homelessness and addiction

• Assistant is social worker / psychologist who is the connection to Dutch society

• Shelter and/or communities in country of origin

• Results

• 2012 in 6 Dutch cities (Utrecht, Amsterdam, The Hague, Rotterdam, Eindhoven Arnhem) 325 reconnections

• Utrecht 85% less criminal offences concerning Eastern EU migrants.

No rough sleeping in the forests around Utrecht anymore

• Barka is also working in London (2500 reconnections), Edinburgh,

Dublin, Hamburg, Kopenhagen

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Barka “Communities“ in Poland