4. WHAT ASPECTS OF IMMIGRATION DETENTION TO EXAMINE
4.7 Personnel / Staffing
The type of institution responsible for managing the place of detention (e.g. police, border police, prison staff, private contractor, immigration service) will influence the overall institutional culture77 and the general atmosphere.
The staff responsible for immigration detention have a challenging task of dealing with detainees who might not understand the reasons for their detention, combined with communication difficulties. It is therefore important that monitors do not overlook the staff, whatever their role, since their qualifications, training, aptitude and attitude are some of the key determinants of how detainees will be treated. In addition, if personnel are overworked, underpaid and/or underrated this can have a detrimental effect on the detention environment.
Monitors need to remember that detention conditions are also the staff working conditions. Staff and management have not been deprived of their liberty, but they may be stressed and anxious, may witness distressing incidents, and may even have been victims of aggressive or violent behaviour. Staff may, of course, have perpetrated or acquiesced in acts of intimidation, ill-treatment or neglect. They may enjoy their work, or they may find it unrewarding, underpaid and even depressing.
Whatever the case, there is no doubt that the well-being of the staff and management working in places of detention is not only important in and of itself, but also has a direct bearing on the sense of well-being and safety of the detainees. As such, their views on the functioning of the place of detention and improvements they consider necessary, are highly relevant. Staff may also be an important source of information regarding the treatment of detainees.
Generally speaking, members of staff serve two functions: maintaining safety and security, and delivery of services. Depending on the size and nature of the place of detention, these functions may or may not be carried out by different staff groups. Information about both functions will be relevant to the monitoring team. Monitors can anticipate that
some members of staff may be more reticent than others, and may view the monitoring team as intrusive. Nevertheless, it is important that the team perseveres. The demeanour and receptiveness of staff to scrutiny may tell a story in itself, pointing to the culture of the detention environment. It is important to remember that members of staff are integral to the daily life of detainees.
4.7.1 Staff–Detainee Relationships and Security
It is difficult to overstate the importance of good staff–detainee relations in a closed detention environment. Where detainees feel that staff and management respect their humanity and dignity, including the uncertainty of their situation and their cultural, ethnic and religious backgrounds, this is likely to impact positively on their sense of well-being. Because positive relationships act as the basis for dynamic security, detainees are more likely to take responsibility for their own actions and decisions and to cooperate with staff and management. In turn, if the staff and management feel respected as people, not just on account of their power and authority, this is also likely to have a positive effect on their well-being and be more conducive to a healthy working environment.
Working in places of immigration detention can be extremely demanding and sometimes deeply affecting, especially in cases where detainees are in a highly distressed state or engaging in acts of protest or self-harm, or experience some other unanticipated crisis incident. All staff need to have received training in crisis management strategies. They ought also to be offered, and in some circumstances required to undergo, periodic debriefings with suitably qualified personnel, both individually and as a group.
4.7 Personnel / Staffing
1 Relations between staff/officials and detainees are polite, courteous and respectful at all times
Sources: ICCPR 10(1); CMW 17(1); CRC 37(c); ACHR 5(1); ACHRP 5;
PBPPDLA I, XX Tips for monitors:
• What is the general atmosphere between staff and detainees?
• Is positive interaction between staff and detainees encouraged by management and the central authorities?
• Do staff participate in recreational, sporting or cultural activities with detainees?
• Are detainees addressed by their preferred name? Do staff treat detainee accommodation as detainees’ private space?
2 Staff carry out their duties thoughtfully, handle private and/or confidential information in their possession sensitively and respectfully, and understand that they have a duty of care for all detainees
Sources: CRPD 22(2); CCLEO 4; PBPPDLA XX; EPR 72 Tips for monitors:
• What are the team’s observations of the demeanour and behaviour of staff?
• Is there any evidence of inappropriate staff–detainee relationships (e.g. sexual exploitation, corruption, manipulative or abusive behaviour)?
• Do staff have the respect of detainees because of the way in which they conduct themselves?
3 The elements of dynamic security are in place, such that:
relationships
(staff–detainee, staff–staff and detainee–detainee) are positive; local community–detainee relationships are positive; there is constructive activity to occupy detainees;
detainees are well prepared for release, transfer or removal Sources: ICCPR 10(1); EPR 73; 74; 75
Tips for monitors:
• Do detainees feel safe and secure (during the day, at night, in all places)?
• Are staff–detainee relations cultivated by staff and/or management? If so, how? Is it effective?
• Are there visiting programmes for local communities?
• Are detainees purposefully occupied?
4 Measures taken to ensure or maintain ‘security and good order’ are carefully documented, with reasons, in a security register
Sources: BPP18(3), 25, , 29(2); PBPPDLA XXII Tips for monitors:
• Does a security register exist? How is it maintained?
• Is the security register up to date?
4.7 Personnel / Staffing
4.7.2 Staff Recruitment, Training and Conduct
A cornerstone of a humane immigration detention scheme is that staff are properly recruited and trained. In this connection, immigration officers, enforcement personnel, medical personnel, and any other persons involved in the custody or treatment of immigration detainees, including private contractors, need to receive appropriate and on-going instruction, training, supervision and support.
Staff need to adopt an attitude in their relations with detainees that is appropriate and respectful. Staff ought to be drawn from a range of professional backgrounds and experience, in particular those with community-based experience of working with people from diverse cultural or religious backgrounds.
1 Staff are carefully selected and recruited for their integrity, humanity, professional capacity and personal suitability for working in immigration detention
Sources: SMR 46(1), 47; RPJDL 82; PBPPDLA XX; CPT/Inf (97) 10 §29; EPR 76;
77
Tips for monitors:
• What are the requirements for recruiting staff in contact with detainees?
• Are professional qualifications, experience and character attributes taken into account in the recruitment process?
2 Staff are recruited from diverse professional
backgrounds and appropriate linguistic backgrounds Sources: SMR 49, 51(1); EPR 87.2
Tips for monitors:
• What is the ratio of staff coming from the prison environment?
• What is the ratio of social workers among the staff? How many staff members speak a language relevant for the detainee population?
• How many staff members are from the same cultural or religious backgrounds as detainees?
• Are cultural mediators, social workers, interpreters, psychologists etc.
present?
3 The gender ratio of staff is appropriate to the detainee cohort Sources: BPP 5(2); RPJDL 83; SMR 53; PBPPDLA XX; EPR 85
Tips for monitors:
• Are staff–detainee ratios appropriate to ensure safety and security?
• What is the ratio of men to women amongst staff?
• Are there women in senior management positions?
4 Staff are trained in and demonstrate understanding of diversity issues, including social, cultural, linguistic and religious diversity, and special needs of persons in situation of vulnerability
Sources: CCLEO 2; BPP 5 BPP 33; SMR 47(2); RPJDL 83, 85; UNHCR-DG 8;
PBPPDLA XX; CPT/Inf (97) 10 §29; EPR 81 Tips for monitors:
• Do staff have good interpersonal and communication skills?
• Is this highly valued by management, staff and detainees?
• Are staff trained in cultural awareness, religious tolerance and sensitivity?
• Are staff aware of and sensitive to the needs of children, women, LGBTI people and the elderly?
• Are staff trained to recognize possible symptoms of stress reactions displayed by detainees (whether post-traumatic or induced by socio-cultural changes) and to take appropriate action?
4.7 Personnel / Staffing
5 There are clear lines of accountability and reporting structures for staff that ensure they perform their duties in a manner that respects the rights and dignity of detainees Sources: SMR 48; RPJDL 87; PBPPDLA XXIV; EPR 83, 84
Tips for monitors:
• Is there a code of conduct for staff, and are staff aware of the code of conduct?
• Are staff disciplinary and accountability measures adequate and effective?
• Is inappropriate language and conduct addressed?
6 The professional capacities of staff are
acknowledged and respected, working hours are reasonable, and remuneration adequate
Sources: SMR 46(3); RPJDL 83; EPR 78, 79 Tips for monitors:
• Are staff pay scales adequate?
• Is their employment secure?
• Do they have access to professional development and career advancement opportunities?
• Are working conditions acceptable (rotation, breaks, recreational leave, medical leave)?
7 Staff have ready and free access to debriefing and counselling services
Sources: BPUFF 21 Tips for monitors:
• Are staff adequately supported and supervised on the job?
• Is debriefing and counselling accessible and encouraged?