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Description
The project aims to implement a wide strategy defending the rights of migrants and asylum seekers by conducting monitoring visits in the places of detention and gathering data, compiling an analytical study assessing the state’s response to the crisis and offering human rights based solutions, regular advocacy representing the rights and interests of migrants and asylum seekers, public communication, strategic litigation and measures designed to respond to emotional support needs of this target group. The purpose of the project is to ensure effective implementation of the rights of migrants and asylum seekers by emphasizing the human element, and the compliance of regulation, public policy and practice with international refugee law and human rights law standards. The project will humanize the public discourse towards migrants and asylum seekers and prevent the entrenchment of negative public attitudes towards this group, whereas evidence-based advocacy and strategic litigation will help correct the flaws of the current regulation, policies and practices. The guide on provision of emotional support, designed for specialists working with migrants and asylum seekers, will lay firm and evidence based grounds for continuous awareness raising, research and recommendations in this still relatively new area in Lithuania. The project will contribute towards theincreasing society’s respect to human rights and the principle of equal treatment, support positive changes in the area of human rights protection and improve compliance with international human rights standards. The project will also address such programme’s priorities as closing the gap between the legislation and its practical implementation by initiating strategic cases, monitoring and publicising human rights violations, as well as the activity of defence of human rights,
including advocacy campaigns to support the rights of migrants and refugees.
Summary of project results
The project aimed to address the humanitarian and human rights challenges facing Lithuania in 2021, when the number of migrants and asylum seekers crossing or attempting to cross the Lithuanian-Belarusian border increased dramatically.
The main activities in this project included a strategy for the protection of the rights of migrants and asylum seekers in detention, including monitoring in detention facilities and data collection, the preparation of an analytical study assessing the State''s response to the crisis and proposing human rights-compatible solutions, advocacy on behalf of the rights and interests of PSPs, public communication, strategic litigation and measures to respond to PSPs'' emotional support needs.
An analytical study on Lithuania''s response to the migrant and refugee crisis was prepared with the help of internal and external experts. It assessed the State''s response to the migrant and refugee crisis from a human rights, international law and humanitarian perspective, and formulated an approach and made concrete proposals on how to manage this and similar crises, ensuring humanitarian conditions, fundamental human rights and international obligations, while balancing this response with other important public interests. It described the gaps between existing legislation and prevailing policy. The study also included an assessment of the potential impact on mental health of migrants and asylum seekers (MAS), which has helped to humanise the debate on migration and promote empathy and understanding. The analysis of mental health provided a solid basis for other activities to respond to the real needs of migrants, such as the development of guidelines for professionals and information material for migrants. The study and its findings with concrete proposals were presented to policy and decision makers, lawyers, NGO representatives and the general public in a public debate. It was further disseminated to stakeholders both in Lithuania and internationally. Although migrants and asylum seekers were the indirect beneficiaries, this study has contributed to changing the discourse on the current situation, while presenting an alternative way to develop policy. As indirect beneficiaries, migrants and asylum seekers have also been positively influenced by public positions, appeals to institutions, comments on legislation, and participation of the project promoters in institutional hearings, as this encourages changes in the law, which have a direct positive impact on the MAS.
The study led to the publication "Mental Health of Migrants and Refugees. Guidelines for practitioners who want to help". The publication provided clear guidance and practical advice for professionals/volunteers working with MAS. The publication is distributed in the institutions and organisations where these professionals work, through associations of psychologists and social workers, and through training institutions. The publication was designed to reflect the intertwining of two complex themes (migration and mental health), with a strong focus on each. It presents the context of migration, statistics, as well as migrants'' experiences and difficulties, the mental health disorders common to people who have migrated, the principles of psychological first aid, the concept of recovery and what help is available for long-term recovery. Issues of cultural diversity are presented separately. Examples were given of how respect for the values and traditions of different cultures can help to provide support and contribute to improving mental health. The publication was distributed to NGOs working with MAS, professional associations, migration policy makers and implementers in Lithuania, the Seimas Ombudspersons’ Office and the Office of the Equal Opportunities Ombudsperson.
Mental health literacy training module for professionals/volunteers working with MAS was prepared. The description of the training module defined the aim, objectives and competences to be acquired; provided an overview of the Lithuanian context of migration and the experiences of MAS, the challenges for professionals and volunteers working with MAS; and defined the development of mental health literacy for professionals and volunteers in this context. Three thematic blocks emerged in the module the concept of mental health, based on a human rights model, and the foundations of literacy; migration experiences and mental health (psychological trauma and cultural differences); and self-help and self-care. Based on the developed training module, 2 pilot trainings were carried out for organisations working directly with MAS.
At least 2 different leaflets were developed to inform MAS about the emotional support available. These were distributed in detention centres, other facilities providing services and on the internet. The leaflets were produced in 4 languages. The content of the leaflets was discussed with professionals working with MAS, in order to respond to the situation and the barriers that emerged during the analytical study (e.g.: detention centres appeared to be a place of trauma rather than a place of recovery, lack of access to psychological support, lack of emotional support providers in general), as well as the mental health needs highlighted during the preparation of the Guidelines for professionals. The issue of suicide was addressed.
Throughout the project, regular evidence-based advocacy on issues related to the rights and interests of MAS was carried out. The main areas of advocacy were: 1) accessibility of asylum procedures; (2) reception conditions, detention and access to legal aid; (3) asylum procedures and asylum policy and practice; (4) vulnerability assessment of MAS and addressing their individual needs. The project promoter made 7 public submissions, addresses to the authorities, 3 comments on draft legislation, participated in 3 meetings of the authorities, and provided 7 comments to the media. The public positions, appeals and statements contributed to advocacy for a human rights-based migration and asylum policy in Lithuania, proposed laws or policy changes that were favourable to people''s dignity and rights, while highlighting the ongoing violations of the right to freedom as an individual. Expert comments were regularly shared with the media, positions, statements and appeals to state institutions on the protection of the rights of MAS were made public, disproportionate and/or unjustified restrictions on the rights of MAS were responded to, and ways of correcting the institutions'' flawed practices in this area were suggested. Comments to the media and posts on social media (Facebook, Instagram) have indirectly influenced migrants and asylum seekers, informing the public about what asylum seekers face and actively promoting a change in discourse.
10 strategic cases were initiated and carefully selected in close cooperation with lawyers and advocates working in the field of migration and asylum, assessing the systemic and strategic impact of these cases on the rights of MAS. They raised systemic and multi-personal issues. The areas of strategic litigation included: (a) mass, harsh deprivation of liberty of up to a year''s duration without a legal solution, including for families with children, unaccompanied minors and other vulnerable persons; (b) inadequate processing of asylum claims; (c) disproportionate and/or unjustified restrictions on the possibility to apply for asylum; (d) the legality of the policy of exclusion; and (e) conditions of detention, isolation of asylum seekers. While the target group of this activity was migrants and asylum seekers, it has also influenced decision-makers and policy-makers. Strategic litigation ensured the effective implementation of the rights of MAS and the legal assessment of the conformity of decisions of public authorities with international and national law, bridged the gap between legislation and institutional practice, and addressed systemic challenges in asylum law and human rights, as well as legal issues affecting a wide range of individuals. The judgments of the courts in these cases became important not only in achieving justice in individual cases and in shaping case law, but also in providing an authoritative legal assessment of the contested measures and in setting limits to decision-making actions.
As a target group, migrants and asylum seekers were reached through the implementation of strategic cases. These activities contributed mainly to ensuring their rights. Information material was developed on emotional support options and self-help techniques in case of a mental health crisis. Migrants learned where to seek emotional support and how to respond independently in the event of a mental health crisis. As indirect beneficiaries, migrants and asylum seekers were also reached through the dissemination of the analytical study on Lithuania''s response to the migrant and refugee crisis and a discussion to present it.