A/75/183 Legislation and policies that prohibit the use of immigration detention of all children 35. Some countries unconditionally prohibit the use of immigration detention of all children in their legislative and policy frameworks. In Ireland, the International Protection Act 2015 specifically prohibits the detention of any applicant for international protection under the age of 18. There is no provision for the detention of minors for immigration-related reasons in Irish legislation. 25 36. In Colombia, Nicaragua, Peru and Uruguay, migrant children are not detained on the basis of their migration status. 26 In Central and South America, immigration detention is considerably less prevalent than elsewhere. 27 In Costa Rica, for example, the Decree on the Regulation of Refugees emphatically prohibits the detention of all children regardless of whether they are accompanied or unaccompanied. In the Dominican Republic, the Regulation of the General Law on Migration specific ally prohibits the detention of migrant children. 28 37. Other countries have gone beyond the prohibition of detention of children for migration-related purposes. They provide migrant children with enhanced protection by ensuring adequate and prompt referral to child protection services. In Ecuador, the Human Mobility Law prohibits immigration detention of children. The law also guarantees the protection of the right to personal liberty for parents or caregivers, implementing alternatives for the family, if it is in the best interests of the child to maintain family unity. 29 38. Various countries on the African continent grant freedom of movement to their citizens, including the member States of the Southern African Development Community and the Economic Community of West African States. 30 In this context of non-criminalization of migration, countries such as Kenya and South Africa also have national legislation prohibiting the immigration detention of children. 31 39. In addition to explicit prohibition provided in national legislation, in Asia, several countries have recently enacted policies committing to end or sharply reduce detention of migrant children. For instance, in January 2019, several Thai agencies signed a memorandum of understanding stipulating the respective responsibilities and putting measures in place to provide social services and alternative care for migrant children under the age of 18. 32 Similarly, in 2018, Indonesia developed a policy pledging that refugees, including children with their families and unaccompanied or separated children, should no longer be detained but rather be allowed to live independently in shelters or community accommodation centres. 33 Although further efforts are necessary to ensure an effective and systematic implementation, these initiatives represent a significant first step towards ending the immigrat ion detention of children. __________________ 25 26 27 28 29 30 31 32 33 20-09734 Submission by Ireland, and sect. 20 (6) of the International Protection Act 2015 of Ireland. Submissions by Colombia and by the Nicaragua Ombudsman. United Nations Global Study on Children Deprived of Liberty, pp. 460–462. Dominican Republic, Reglamento de Aplicación de la Ley General de Migración, 2004. Submission by the Public Defender of Rights of Ecuador. International Detention Coalition, There are alternatives: Africa (Melbourne, Australia, 2018). Available at https://idcoalition.org/wp-content/uploads/2018/04/There-are-alternatives-Africa2018.pdf. Submission by the Refugee Consortium of Kenya. Submission by the Permanent Mission of Thailand to the United Nations. Submission by Indonesia. 9/23