There seemed to be significant variations in terms of how respondents defined own initiative investigations. For some, this seemed to involve any work (including inspections, thematic reports, research, collaborative projects, making public statements) that did not involve individual complaint resolution. Looking at the examples provided, it was clear that organisations used a wider range of approaches to systemic intervention than only relying on own initiative investigations. This highlights the fact that ombudspersons have considerable flexibility to take action outwith their formal powers of investigations. Interventions can include bringing stakeholders together to discuss concerns, commissioning research, or seeking to develop joint positions with stakeholders and making public statements. This flexibility to take action beyond formal powers was discussed further in the international expert roundtable (see below) Guidance in relation to the role of ombudspersons in protecting asylum seekers and refugees 51.6% of respondents (n = 16) reported there being guidance available on their roles in relation to asylum seekers and refugees, while 48.4% of respondents (n = 15) reported that there was no guidance available. 74.2% of respondents (n = 23) considered that additional guidance was needed. Areas that were most commonly cited by respondents as requiring further guidance included: guidance on maximising outreach to asylum seeker and refugee communities and working with CSOs; information about other ombudspersons’ ways of working and challenges, and international comparisons; better understanding of and guidance on overcoming barriers to accessing ombudspersons, such as language, cultural issues, fear of the impact of complaining on an application for international protection; best practice in case handling; international and national support and dialogue; and approaches to communication with asylum seekers and refugees that are sensitive to their needs. The findings suggest that further work around developing best practice and sharing experiences would be valuable and welcomed by many ombudspersons working to support asylum seekers and refugees. The International Ombudsman Institute may provide a helpful forum for bringing ombudspersons together to develop further knowledge exchange and guidance in this area.
The use of own initiative investigations to examine issues facing asylum seekers and refugees Number of respondents who had carried out an own iniative investigation in relation to asylum seeker and refugee issues and challenges encountered 94.1% of respondents (n = 32) reported having the power of own initiative investigation, while 56.7% of respondents (n = 17) reported having used their powers to carry out an own initiative investigation in relation to asylum seeker and refugee issues. Those respondents who reported challenges in relation to carrying out own initiative investigations most commonly reported the following challenges: the mobility of asylum seekers and refugees; lack of resources/ high level of resources required to carry out and follow up on own initiative investigations; situations are very dynamic and change quickly; applications for protection are dealt with at the national level, so that key issues are not in the (municipal/ regional) ombudsperson’s jurisdiction. Examples of own initiative investigations carried out by respondents Examples of areas where own initiative investigations had been carried out included: • Administrative challenges and human rights issues of migratory flows and refugee protection. • Use of pushbacks of foreign nationals seeking internation protection. • Reception conditions and procedures. • Special report on migration. • Migrants, governance and human rights. • Migrants and the path to a dignified life. • Migrants, asylum, refugee, and vulnerability. • Treatment of people who are detained on suspicion of being unlawful non-citizens and later released. • Right of judicial defense and freedom of movements of asylum applicants. • Research report on the situation of refugees. • Challenges and responses to asylum in Europe. • Protection services for unaccompanied foreign children and adolescents in Europe. • Investigation into a family seeking asylum that was refused entry.
Final report of the of Ombudspersons and the Protection of Refugees and Asylum Seekers (OPRAS) project | 53
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