A draft bill proposed by Iceland’s Justice Minister would permit authorities to hold asylum seekers in detention centres, including families and children. Setting up such detention centres could cost between ISK 420 and 600 million [$3.1 million-4.4 million, €2.8 million-4 million]. Humanitarian organisations have harshly criticised the establishment of such centres in Iceland.
The bill, which comes from Minister of Justice Guðrún Hafsteinsdóttir, was published in the government’s consultation portal last week, where members of the public, organisations, and interested parties can comment on it.
According to the summary on the consultation portal, the bill proposes permitting authorities to keep “foreign citizens who have to or may have to leave the country” in “a closed residence” when they have received a deportation order or “when a case that may lead to such a decision is being processed by the government.” According to the bill, the measure would “only be used as a last resort, when an adequate assessment has been carried out and it is clear that milder measures will not be effective.”
Children detained for up to nine days
The bill would permit authorities to detain children in such centres, if they are accompanied by a parent or guardian, but would not permit the detention of unaccompanied children. The detention of children would have to conform to “stricter requirements” than that of adults.
The bill proposes permitting the detention of children in such facilities for up to three days at a time and up to nine days in total. Adults could be detained in the centres for up to eight weeks.
If the bill is approved, the legislation would take effect at the beginning of 2026.
Restricted press access and use of force
While the bill distinguishes detention centres for asylum seekers from prisons, many of the restrictions proposed for such centres resemble that of traditional prisons, including separation between the sexes, restrictions on visits, and room searches. Staff would be permitted to “use force in the performance of their duties if considered necessary,” including physical restraints or “the use of appropriate means of force.”
The bill stipulates that the National Police Commissioner would decide whether to allow detained individuals to give interviews to media and that interviews “would not be permitted if they are contrary to the public interest.”
Tightened legislation on asylum seekers
The detention centre bill is the latest of several measures Iceland’s current government has taken to tighten regulations on asylum seekers. Last year, dozens of asylum seekers who were unable to leave the country for personal or political reasons were stripped of housing and services after new legislation took effect. The legislation strips asylum seekers in the country of access to state housing, social support, and healthcare 30 days after their applications for asylum have been rejected. The bill was first introduced in 2018 and received strong pushback from human rights organisations in Iceland, including the Red Cross, UNICEF, and Amnesty International. It was revised several times and passed following its fourth introduction to Parliament.
The detractors of the detention centre draft bill assert that it violates the United Nations Convention on Refugees, the European Convention of Human Rights, as well as the Universal Declaration of Human Rights, to which Iceland is a party.