A/HRC/17/34/Add.2 H. Asylum-seekers and refugees 89. Ireland has historically displayed considerable solidarity towards asylum-seekers and refugees. While welcoming this generosity, the independent expert is concerned about some aspects of the situation of asylum-seekers. 90. The independent expert is concerned that today, more than one third of asylumseekers supported by the Direct Provision System (DPS) – which provides asylum-seekers with accommodation and support at all stages of the asylum process and beyond, up to resolution of the case, and which was originally designed to support asylum-seekers for short period of time (up to 6 months) only –, spend more than three years in such accommodations.74 While the facilities are generally reported to be in good condition, and asylum-seekers receive full-board accommodation and a small weekly allowance,75 the DPS limits the autonomy of asylum-seekers and impedes their family life, as most accommodation centres have not been designed for long-term reception of asylum-seekers and are not conducive to family life.76 Moreover, asylum-seekers under the DPS are denied access to social welfare (e.g. rent supplement and child benefit) and the right to work.77 Ensuring access to the labour market is an essential element of complying with the International Covenant on Economic, Social and Cultural Rights (art. 6), which set outs compulsory obligations for all States and which should take priority over political concerns such as the “pull factor” for new asylum-seekers. 91. Living under such conditions for an extended period of time severely affects the social inclusion of asylum-seekers, as well as their capacity to return to work (in Ireland or in their country of origin), and could have a major impact on the realization of their right to physical and mental health. The independent expert reminds Ireland that asylum-seekers and refuges must be guaranteed the enjoyment of all human rights, including the right to privacy and family life78, an adequate standard of living,79 and adequate standards of physical and mental health,80 rights that complement the provisions of the 1951 Refugee Convention. 92. The independent expert calls on the Government to quickly adopt a single procedure for determining refugee and subsidiary protection claims, with strong protection elements, and to ensure that asylum-seekers enjoy the full range of economic, social and cultural rights, including the right to work. She also calls on the State to fully implement the 74 75 76 77 78 79 80 In December 2010, an estimated 2,778 of the 6,107 people living in Direct Provision Centres had been there for more than 36 months, and more than 1,200 had been there for between 24 to 36 months. See RIA Monthly Report, December 2010, pp. 8 and 20. The Direct Provision allowance is €19.10 per adult, and €9.60 per child. In addition to this allowance, asylum-seekers receive a medical card providing free medical services for them and their family members. Most of the centres were not built for the purpose of accommodating asylum-seekers and only 8 per cent of residents are in self-catering centres where they are allowed to cook their own food. See RIA Value for Money Report, May 2010, p. 21. Refugee Act 1966, sect. 9.4(b). International Covenant on Civil and Political Rights, art. 17; International Covenant on Economic, Social and Cultural Rights, art. 10. International Covenant on Economic, Social and Cultural Rights, art. 11. Ibid., art. 12. 21