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