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Document 52012SC0281
COMMISSION STAFF WORKING DOCUMENT on the implementation of the Action Plan on Unaccompanied Minors Accompanying the document Report from the Commission to the Council and the European Parliament Mid-term report on the implementation of the Action Plan on Unaccompanied Minors
COMMISSION STAFF WORKING DOCUMENT on the implementation of the Action Plan on Unaccompanied Minors Accompanying the document Report from the Commission to the Council and the European Parliament Mid-term report on the implementation of the Action Plan on Unaccompanied Minors
COMMISSION STAFF WORKING DOCUMENT on the implementation of the Action Plan on Unaccompanied Minors Accompanying the document Report from the Commission to the Council and the European Parliament Mid-term report on the implementation of the Action Plan on Unaccompanied Minors
/* SWD/2012/0281 final */
COMMISSION STAFF WORKING DOCUMENT on the implementation of the Action Plan on Unaccompanied Minors Accompanying the document Report from the Commission to the Council and the European Parliament Mid-term report on the implementation of the Action Plan on Unaccompanied Minors /* SWD/2012/0281 final */
TABLE OF CONTENTS I. INTRODUCTION.. 3 II. . DATA COLLECTION.. 3 II.1. Actions at the EU level 3 II.2. Actions in EU Member States. 8 III. PREVENTION OF UNSAFE MIGRATION AND
TRAFFICKING.. 13 III.1. Prevention. 14 III. 2. Protection Programmes in third
countries. 20 III. 3. Actions in EU Member States. 22 IV. RECEPTION AND PROCEDURAL GUARANTEES. 28 IV.1 Procedures at first encounter and
standards of protection. 28 IV. 1.1. Asylum.. 28 IV.1.2.Trafficking. 30 IV. 1.3. Sexual exploitation of children. 34 IV.1.4. Actions in other areas. 34 IV.2. Actions in EU Member States. 43 IV. 3. Age assessment and family
tracing. 50 IV.3.1. Actions at the EU level 50 IV.3.2. Actions in EU Member States. 50 V. DURABLE SOLUTIONS. 50 V.1 Return and reintegration in the
country of origin. 50 V. 1.1. Actions at the EU level 50 V.1.2. Actions in EU Member States. 50 V.2 International protection status,
other legal status and integration of UAMs. 50 V.2.1. Actions at the EU level 50 V.2.2. Actions in EU Member States. 50 V.3. Resettlement 50 V.3.1. Actions at the EU level 50
I. INTRODUCTION
This Commission Staff Working Document accompanies the Report from
the Commission[1].
It provides a description of actions carried out at the EU and national levels
in view of the implementation of the Action Plan on Unaccompanied Minors
(2010-2014)[2]
and the Council Conclusions on unaccompanied minors[3] between May 2010 and June 2012.
The Document is based on information provided by the European
Commission, European External Actions Service (EEAS), the EU Agencies – European
Asylum Support Office (EASO), Fundamental Rights Agency (FRA) and Frontex – and
24 Member States[4].
The structure of the document follows the structure of the Action
Plan on Unaccompanied Minors and, where relevant, adds additional actions listed
in the Council Conclusions. Each section starts with the description of the
developments at the EU level, followed by an account of the developments which
have taken place in EU Member States.
II. . DATA COLLECTION
II.1. Actions
at the EU level
The Commission will propose that Member States use the full potential of current and additional disaggregation's of the Statistics Regulation to gather comprehensive data on unaccompanied minors. If this does not reach its objectives, the required information should be collected directly from the administrations in the Member States. The
shortcomings concerning the limited statistical data on unaccompanied minors
were addressed in the context of the revision of the Guidelines for data
collection under Article 6 of the Migration Statistics Regulation 862/2007. The
revised Guidelines, finalised on 11 January 2011, will enable Eurostat to
collect data on an additional category of permits, namely residence permits
issued to unaccompanied minors others than these applying for asylum[5]. The
data collected are used to build up comprehensive statistics on unaccompanied
minors arriving to EU. These statistics are further used to create risk
analyses and indicators. The suggested actions do not aim at collecting
personal data in order to follow individual cases. Furthermore, it has to be
clarified that all personal data has to be rendered anonymous before processing
it for statistical purposes. The
category 'unaccompanied minors (non-asylum related)' concerns first residence
permits issued to minors considered to be unaccompanied as defined in Article
2(i) of Directive 2004/83/EC.[6]
This category does not include unaccompanied minors granted residence permits
who are the subject of an asylum application, received refugee/subsidiary
protection or who were granted a residence permit for victims of trafficking in
human beings. Information on such unaccompanied minors will continue to be
collected under the respective categories, that is, 'refugee status and
subsidiary protection', or 'victims of trafficking in human beings' (although
data on unaccompanied minors are aggregated with data on other persons granted
such permit i.e. accompanied minors and adults). Data will be collected
annually and will be released by September each year. The first reference
period was 2010 and the data for this reference year are available since
September 2011. In
autumn 2011, the Commission
has begun to collect data from all MS on trafficking in human beings on the basis
of a list of indicators devised by the Commission. The
2012-13 data collection exercise on children's involvement in administrative,
civil and criminal judicial proceedings will also include data on unaccompanied
minors. Results for criminal judicial proceedings should be available around mid-2013
with results for civil and administrative justice due in 2014. The study will
also provide a contextual narrative overview for each Member State. Within an
implementation of a pilot project supported by the European Parliament, the
Commission will carry out a study to collect EU-wide data on children’s
involvement in criminal, civil and administrative judicial proceedings. In this
context, the Commission will also gather statistics based on relevant
indicators and provide a narrative overview on unaccompanied minors' involvement
in administrative judicial proceedings in the EU based on the provisions of the
Council of Europe Guidelines on child-friendly justice. The EU and its Member States should use existing agencies and networks to improve data collection and the exchange of information on unaccompanied minors, by significantly improving the exchange of information between Member States in the framework of European Migration Network and European Asylum Support Office.
European Migration
Network Work Programme 2011 and 2012[7]
The European Migration Network (EMN) should
continue to have a role in the implementation of the Action Plan on
Unaccompanied Minors, principally in contributing to improving the analysis and
exchange of relevant information on unaccompanied minors arriving on EU
territory. The EMN work programme mentioned that the EMN may undertake relevant
activities, such as contributing to improving the comprehensiveness of data
concerning unaccompanied minors on age assessment, on unaccompanied minors in
care and on exchange of best practices. This may involve collating available
studies on these topics. These activities shall be limited to "desk
research" and/or ad-hoc queries. In the first quarter of 2012, at the request of the Swedish National
Contact Point of the EMN, an Ad-Hoc Query was launched on UAMs applying for
asylum.[8]
EASO: Work Programme 2012
The 2012 Work Programme includes a section on the activities EASO is
expected to carry out in the context of the implementation of the Action Plan
for Unaccompanied Minors and lists among its objectives for 2012 setting up
EASO information sharing and monitoring on unaccompanied minors. The EU and its Member States should use existing agencies and networks to improve data collection and the exchange of information on unaccompanied minors, by reinforcing the roles of Frontex and Europol in data collection and analysis using all available sources, including information collected by the Immigration Liaison Officers’ networks. A targeted Risk Assessment on UAM was published by Frontex in
September 2010. Europol carries out incidental collection of data, that is,
depending on the operations carried out. Frontex is invited to develop annual assessment based on Frontex Risk Analysis Network data collection in order to provide Member States with risk analysis on unaccompanied minors crossing the external borders of EU Member States. Frontex' regular risk analysis products and the Member States’
reporting to Frontex from dedicated Joint Operations (such as Agelaus or
Hammer) pay particular attention to emerging phenomena such as the ones
involving UAMs. In addition, with the roll-out of the new Common Integrated
Risk Analysis Model, humanitarian aspects of threats and risks at the external
borders, also involving vulnerable groups such as UAMs, will be highlighted
structurally in Frontex risk analysis products. Frontex is invited to develop indicators on vulnerable groups such as unaccompanied minors in joint operation reports. In 2010, Frontex carried out a joint operation Agelaus at air
borders, which focused on procedures relating to irregular migration involving
children, including unaccompanied minors, and other vulnerable groups. The
operation was carried out with the involvement of the International Organisation
for Migration (IOM) and the Office of the United Nations High Commissioner for Refugees
(UNHCR). In 2011, Frontex conducted the joint operation Hammer at air borders,
which focused on trafficking and irregular migration involving children. IOM,
UNHCR, FRA, and EASO were involved in the development of operational guidelines
on how to deal with children at the external borders in order to present best
practice and possible indicators of irregular migration involving children. The
organisations participated in most operational briefings making presentations,
together with Frontex staff, on the guidelines recommending how to deal with
children. During the Operational Heads of Airports Conference which took place
in March 2012 in Rome, a dedicated workshop on UAM was held to exchange views
and experiences amongst officers familiar with the matter. EASO, FRA, and UNHCR
actively contributed to the workshop. The conference was also attended by the
IOM. Frontex is invited to develop tailored risk analysis on the nature of the threats faced by unaccompanied minors. At the end of 2010, Frontex completed and presented the requested
tailored risk analysis on “UAM in the migration process”.[9] A tailored risk analysis in
Frontex terminology is a document that is prepared in order to better
understand a specific phenomenon. Its results are used to refine data
collection mechanisms, reporting mechanisms for Joint Operations, operational
planning and to fine-tune Frontex regular risk analysis products. European Asylum Support Office is invited to collect data and develop country of origin information and analysis relevant for assessing the protection needs of unaccompanied minors with a view to better supporting quality decisions. The 2012 Work Programme reiterates that among the tasks of the EASO
as provided by the Action Plan for Unaccompanied Minors are the collection of
data and the development country of origin information (COI) and it stipulates
that during 2012 EASO will further develop its COI capacity (section 4.2.3). In February 2012, EASO commissioned a questionnaire on age assessment
practices. The results of this have led to a more comprehensive and complete
picture on the methods and procedures currently in use, not only within the EU
but also within wider Europe and the world. As part of this research, EASO initiated data collection on asylum
applicants and age assessment, which included request for data on numbers
required to undergo assessment, those found to be under 18 following age assessment
and following appeals. EASO will use these responses as a basis for further
analysis and identification of needs. Throughout 2012, in line with EC Regulation 439/2010, EASO has
continued to develop COI methodology, which provides the technical tool kit for
drafting COI Reports of the highest standards. By the end of 2012, EASO intends
to produce the Afghanistan COI Report. The content will be determined by the needs
of Member States. Specific issues related to vulnerable groups, including
unaccompanied minors, will be incorporated within the reports where relevant. European Asylum Support Office is invited to monitor the issue of unaccompanied minors who are asylum seekers, particularly in the most affected Member States. The 2012 Work Programme includes a section on the activities EASO is
going to carry out in the context of the implementation of the Action Plan for
Unaccompanied Minors (section 4.2.5) and lists among objectives for 2012
setting up EASO information sharing and monitoring on unaccompanied minors. Following evaluation of the responses to the age assessment
questionnaire, EASO intends to share the findings and outcomes of the age assessment
Questionnaire issued to Member States as well as the feedback and contributions
following consultation with wider civil society. In addition, EASO regularly monitors the issue of unaccompanied
minors who are asylum seekers horizontally, through the mechanism of the Management
Board meetings, during which Member States and UNHCR have the opportunity to
contribute, and update on situations of relevance and concern to them. EASO will facilitate further information exchange and sharing of
knowledge through a variety of specific meetings on Unaccompanied Minors
commencing in May 2012. The issue of UAMs who are asylum seekers will also be
reflected horizontally within the EASO organisation. Since 2011, EASO has provided strong support to the Greek
administration through the Greek Operating Plan. On the issue of unaccompanied
minors this has included working through Asylum Support Teams (ASTs) who
contribute to the development of policy concerning vulnerable groups, including
minors. The Commission will encourage Member States and relevant agencies and networks to improve the comprehensiveness of data concerning unaccompanied minors. The Commission collaborated with Eurostat on the Guidelines and with
EASO on the elaboration of its 2012 Work Programme. The Commission will promote the inclusion of a section on unaccompanied minors in migration profiles of the main countries of origin and transit. The Extended Migration Profile developed by the Republic of Moldova with support of the EU will include a number of indicators related to
minors, including data on minor emigrants as well as children left behind by
migrants. A project, 'The effects of migration in Moldova and Georgia on children and elderly left behind', financed by the Thematic Programme on Migration and
Asylum, will allow to gather data on this group of population in Georgia and Moldova.
II.2. Actions in EU Member
States
Data collection on unaccompanied minors still poses a problem for
many Member States, mainly due to the fact that different level administrations
are in charge of minors' reception and care. The largest figures on registered
unaccompanied minors were found in Italy, France, Greece, Spain and Germany. Some Member States reported a very limited number of UAMs (BG, CZ,
EE, IE, LT and SI) while many MS (BG, CY, CZ, DE, EE, IE, LT, MT and SI) only
provided data on UAMs who are asylum seekers. The tables below list the official data communicated to Eurostat on
the basis of Migration Statistics Regulation 862/2007 and its revised
Guidelines. || 2008 || 2009 || 2010 || 2011 Belgium || 485 || 730 || 1.080 || 2.040 Bulgaria || 15 || 10 || 20 || 25 Czech Republic || 35 || 10 || 5 || 10 Denmark || 300 || 520 || 410 || 270 Germany || 765 || 1.305 || 1.950 || 2.125 Estonia || 0 || 0 || 0 || 0 Ireland || 100 || 55 || 35 || 25 Greece || 295 || 40 || 145 || 60 Spain || 15 || 20 || 15 || 10 France || 410 || 445 || 610 || 595 Italy || 575 || 420 || 305 || 825 Cyprus || 70 || 20 || 35 || 15 Latvia || 5 || 0 || 5 || 0 Lithuania || 0 || 5 || 10 || 10 Luxembourg || 0 || 10 || 20 || 20 Hungary || 175 || 270 || 150 || 60 Malta || 20 || 45 || 5 || 25 Netherlands || 725 || 1.040 || 700 || 485 Austria || 695 || 1.040 || 600 || 1.005 Poland || 375 || 360 || 230 || 405 Portugal || 5 || 0 || 5 || : Romania || 55 || 40 || 35 || 55 Slovenia || 20 || 25 || 25 || 60 Slovakia || 70 || 30 || 5 || 20 Finland || 705 || 555 || 330 || 150 Sweden || 1.510 || 2.250 || 2.395 || 2.655 United Kingdom || 4.285 || 2.990 || 1.715 || 1.275 Table
1: Asylum applicants considered to be unaccompanied minors (Source: Eurostat) || 2010 || 2011 Belgium || 43 || : Bulgaria || : || 0 Czech Republic || : || 0 Denmark || 46 || 61 Germany || : || 0 Estonia || 0 || 0 Ireland || : || 0 Greece || : || : Spain || 819 || 750 France || 0 || 0 Italy || 2.278 || 3.345 Cyprus || 0 || : Latvia || 0 || 0 Lithuania || : || 0 Luxembourg || 0 || 0 Hungary || 10 || 10 Malta || : || 0 Netherlands || 20 || 17 Austria || : || : Poland || : || : Portugal || 7 || 5 Romania || 0 || 0 Slovenia || : || 0 Slovakia || 0 || 0 Finland || 262 || 152 Sweden || 54 || 66 United Kingdom || : || : Table
2: First residence permits issued to unaccompanied minors (Source: Eurostat) Several Member States did not make use of the new statistical
category introduced by the revised Guidelines (see above – II.1) and hence
reported zero residence permits issued to unaccompanied minors (BG, CZ, DE, EE,
IE, FR, LV, LU, RO, SI, SK). It therefore remains difficult to assess the full
extent of the phenomenon of unaccompanied minors in these Member States. Most data provided was broken down by age and gender and this showed
that the highest proportion of UAMs was males aged 14-18. Figures on return
were also provided and numbers were very low in all Member States. Countries of origin varied substantially among Member States. Morocco, Algeria, Tunisia, Sub-Saharan Africa, Albania, Somalia, Iran, Iraq and Afghanistan were the most commonly identified countries of origin of UAMs. Further detailed information from Member States reports Belgium reported that although the
Alien Office produces statistic tables on UAM, the data collected by each
administration is not always comparable and that therefore there is no clear
and reliable picture of UAMs in Belgium at present. A project developing a
common database is currently under consideration. However, Belgium estimates
the number of UAM at 4 000. Bulgaria stated
that the number of unaccompanied minor asylum seekers
from third countries is limited, with only 17 reported in 2010. The State
Agency for Child Protection maintains a National Information System containing
data on all children at risk and reported no significant increase of identified
UAMs, amounting to 20 in 2011. Cyprus's Social Welfare Services report on
UAMs reported 16 asylum seekers and no victims of trafficking in 2011. Ages of
UAMs ranged from 11 to 18. The Czech Republic is currently reforming its childcare system in general. The
institution system will turn into a foster family system in 2018, which will
also have an impact on the situation of UAMs, including the asylum seekers. The
number of UAMs asylum seekers in the Czech Republic in the last 5 years has
been at a very low level and is still decreasing, with 12 cases in 2009, 4
cases in 2010 and only 9 cases recorded in 2011. Denmark received
432 unaccompanied minors in 2010 who applied for asylum. In 2011, the number
decreased to 282. The majority of these (60%) were from Afghanistan, and 82% of
all unaccompanied minors seeking asylum in 2011 stated to be over the age of
15. Estonia reported data only on UAM asylum
seekers. There were none in 2010 and only one in 2011. Finland provided data only for
unaccompanied minor who request asylum. In 2010, there were 329 UAMs who originated
mainly from Somalia, Iraq and Afghanistan. In 2011, the total number of
unaccompanied minor asylum seekers in that year was 150, of which Somalia, Iraq
and Afghanistan were the top countries of origin. France only provided an estimate of 6 000
UAMs in its territory with countries/regions of origin being the Democratic
Republic of Congo and other sub-Saharan territories, Central Asia, India, the
Balkans and the Maghreb. The number of unaccompanied minors requesting asylum
was 595 in 2011 and 610 in 2010. Germany sent data on UAM asylum seekers.
Between January and December 2011, 1 412 minors aged between 16 and 17 lodged
applications for asylum. 461 were rejected; six were granted asylum; 88
subsidiary protection; and 182 received a ban expulsion. No figures were
provided on implemented returns. In 2010, there were 1 413 applications made by
asylum seekers aged between 16 and 17; 570 rejected; 5 granted asylum; 97
subsidiary protection; 172 received a ban expulsion. No figures were provided
on implemented return. Asylum seekers under this age amounted to 538. Greece reported that 4 636 minors, including unaccompanied minors, were apprehended in 2010
and 6 422 in 2011, coming from countries such as Afghanistan, Albania,
Pakistan, Somalia, Iraq, Iran and the Palestinian Authority. 1,234 minors were
repatriated in 2010 and 265 in 2011. In Ireland, asylum applications from unaccompanied minors
fell consistently from 131 in 2005 to 27 in 2011. The top five countries of
origin were Nigeria, Somalia, Afghanistan, Democratic Republic of Congo and Guinea. Italy provided data, which
indicated that there were 5959 unaccompanied minors on Italian territory on 31 December
2011. Most of them came from Afghanistan, Bangladesh, Tunisia, Egypt, Mali, Ivory Coast or Ghana. Most of the minors were males aged 16-17. Countries of
origin were found to have changed over the last few years. Flows from
traditional countries of origin such as Albania, or Morocco decreased
considerably while flows from socio-political unstable countries in Africa and
the Middle East increased. Hungary reported that between 2009 and 2011
the number of unaccompanied minors apprehended by the Police and the Office of
Immigration and Nationality was 1000 (this number might include some of the
unaccompanied minor asylum seekers as well). In 2009, the number of unaccompanied
minor asylum seekers was 270 (5.7% of all asylum seekers); in 2010 the number
of unaccompanied minor asylum seekers was 150 (7.1% of all asylum seekers);
while in 2011 the number was 61 (3.6% of all asylum seekers). In 2011,
international protection was granted to seven unaccompanied minors. From April
2011 onwards, Hungary collected separate statistical data on the number of
residence permits issued for non-asylum-seeker unaccompanied minors. 13 such
residence permits were issued from 1 January 2011 until 30 November
2011 by the Office of Immigration and Nationality. Lithuania stated that it had not
experienced a significant problem with unaccompanied minors arriving from third
countries. It provided data for unaccompanied minor asylum applicants. There were
9 UAMs in 2003, 3 in 2004 and 11 in 2011. Malta issued 15 care orders in 2010,
mostly to UAMs from Eritrea, Somalia and Côte d'Ivoire; and 25 in 2011, mostly
from Eritrea, Somalia, Côte d'Ivoire and Mali. The Netherlands reported only on UAMs who are asylum applicants. There were 725
UAMs in 2008; 1,040 in 2009; 700 in 2010 and 485 in 2011. They came mostly from
Somalia, Iraq and Afghanistan. Poland reported
14 UAMs who were staying at reception centres of the Border Guard in 2010–2011.
These UAMs came from Afghanistan, Vietnam, Tunisia and Haiti. Unaccompanied minors applying for refugee status in Poland amounted
to 31 in 2010 and 23 in 2011. Their countries of origins were the Russian Federation, Afghanistan and Georgia. Portugal reported 48
unaccompanied foreign minors identified at border posts in 2010 and 34 in 2011.
Seven unaccompanied minors filed an asylum request in 2010 and five in 2011. In Romania, the majority of UAMs was discovered
at border crossing with forged or falsified documents or attempting to
illegally cross the border to seek asylum or another form of protection in the
country. In 2010, 39 unaccompanied asylum
seekers were registered and 9 of them (mainly Afghans) have obtained protection
in Romania. Five unaccompanied minors were reunited with their families in
their countries of origin. In 2011, 33 asylum applicants considered to be unaccompanied minors were
registered and 11 of them (mainly Afghans) obtained protection in Romania. Two
unaccompanied minors were reunited with their families in their countries of
origin. In the Slovak Republic there were 264 unaccompanied
minors in 2010 and 169 in 2011. Among them, 7 were registered as asylum seekers
in 2010 (Afghanistan, Bangladesh, Iraq, Moldova, Pakistan and stateless). In
2011, 18 were registered as asylum seekers from Afghanistan, Moldova and
Somalia. A special register was created for UAMs. Slovenia reported 63 minors as asylum
seekers in 2010 (38 unaccompanied minors), six of whom was granted international
protection (one of them was unaccompanied minor) and 103 in 2011 (58 unaccompanied minors), ten of whom were granted international protection status (two
of them where unaccompanied minors). In Spain, 201 UAMs reached Spain by boat in 2010 and the
number increased to 357 in 2011. Four minors were returned in 2010: two to Brazil, and one to Algeria and one to Paraguay. In 2011, only four minors were returned, all of them
went back to Venezuela. The aggregated figure for the period 2008-2011 was over
5 500 and for 2011 alone, around 3 700. In Sweden most unaccompanied minors apply for asylum. In
2010, there were 2 393 cases and 2 657 in 2011. Top countries of origin were Afghanistan, Somalia and Iraq. In the United Kingdom, the recorded
number of unaccompanied children seeking asylum in the UK was 1277 in 2011.
III. PREVENTION OF
UNSAFE MIGRATION AND TRAFFICKING
III.1. Prevention
EU and national external cooperation instruments should be fully used in a well-coordinated manner to fund projects in third-countries to prevent unsafe migration and trafficking in human beings of children, particularly by providing alternatives in the country/region of origin that aim to benefit children.
Specific projects:
Project: "Promoting the implementation of the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, especially Women and
Children, and the Protocol against Smuggling of Migrants by Land, Sea and Air,
both supplementing the United Nations Convention against Transnational
Organized Crime" (Thematic Programme Migration, 2009-2012, €3M) Project: "Preventing illegal migration of minors and support
their social and professional integration in Algeria and Morocco" (TP Migration, 2010-2012, € 0.6M) Project:
"Prévention de la migration illégale d'enfants de moins de 18 ans non
accompagnés du Sénégal vers l'Union Européenne" (TP Migration, 2009-2012,
€ 1.2M) Project: "Providing Alternatives to Irregular Migration for
Unaccompanied Children in Egypt" (TP Migration, 2011-2013 / € 1M) Project: "Enfants en voyage: Pour une approche responsable des
migrations des mineurs"; Morocco (TP Migration and Asylum, 2011-2013/
€1,5M) Project: "The effects of migration in Moldova and Georgia on children and elderly left behind" (TP Migration & Asylum, 2010-2012
/ € 580.000) Project: "Addressing the Negative Effects of Migration on
Minors and Families Left Behind" in Moldova (TP Migration and Asylum,
2011-2013/ €1,5M) Project: "Prevention of the Illegal Migration of Unaccompanied
Senegalese Minors to the European Union" (TP Migration and Asylum,
2010-2012/ €1 213 380) co-financed at 20% (303 345 Euros) and implemented by the
Spanish Ministry of Employment and Social Security. The objective of the
project was to contribute to the strengthening of the Senegalese national
system for the protection of the rights of minors, in order to reduce the
vulnerability of young Senegalese who, due to lack of opportunities, decide to migrate
irregularly to Europe. EU and national external cooperation instruments should fund in partnership with central and local authorities from countries of origin, civil society organisations and international organisations targeted awareness-raising programmes for children at risk, as well as other types of preventive actions at local level, in schools, communities and families; training of specialised personnel in main areas of origin to detect situations at risk and intervene with families and communities; and studies in the main countries of origin to better understand the causes leading children to undertake dependent and independent migration. Project: "Armed Conflicts and Trafficking, Child Prevention
programme, Awareness-raising programme in Yemen" (EIDHR, 2009-2011,
€150,000) Project: "Building the dream: Saving the African Child from
Trafficking (TP Investing in People, 2009-2013/ €5,24M; Kenya)" Project: "Empowering social networks and Tribunals for children
and youth about the Law Against Sexual Violence, Exploitation and Trafficking
of persons in Guatemala" (EIDHR, 2010-2012, €100,000) Project: "Prevention and protection against human trafficking
by promoting the human rights of the victims, particularly of vulnerable groups
of them, in Guatemala" (EIDHR, 2010-2012, €80,000) Project: "School for the Defence of the Rights of Street
Children and Adolescents in Bolivia" (EIDHR, 2009-2013, €173,000) Project: "Media and Civil Society for the Rights of the Child
in Vietnam" (EIDHR, 2009-2012, €132,000) Project: "Stop early marriage and exchange marriage in Yemen" (EIDHR, 2009-2012, € 246,000) Project: "Addressing the Negative Effects of Migration on
Minors and Families Left Behind' in Moldova" (TP Migration and Asylum,
2011-2013/ €1,5M) A study on the follow up to the 2008 Council Conclusions on the
rights of the child in development and humanitarian settings should be
finalised by the end of 2012. EU and national external cooperation instruments should support activities aiming to protect children from any form of violence or exploitation, in particular development of child protection and birth registration systems.
Projects funded
Project: Protection of vulnerable children in Myanmar from
trafficking and other forms of harm (TP Investing in People, 2009-2012/
€663,293M; Mayanmar)" Project: "Reducing Violence Against Children in Armenia" (EIDHR,
2009-2012, €750,000) Project: "National Campaign for Prevention of Violence Against
Children in Conflict with the Law in India" (EIDHR, 2010-2013, €382,000) Project: "Preventing and combating all forms of violence
against children in justice institutions or in conflict with the law in Ghana" (EIDHR, 2010-2013, €716,000) Project: "Network for Children Rights Protection in Ukraine" (EIDHR, 2009-2011, €177,000) Project: "Living without violence in the state of Mexico: eradicating domestic violence against women and children" (EIDHR, 2009-2011,
€81,000)
Call for proposals
Call for proposals for projects on preventing and combating all
forms of violence against children is planned under the Thematic Programme
Investing in People for 2012.
EU Guidelines
The EU has been implementing the EU Guidelines on the protection and
the promotion of the rights of the child, which focus largely on violence against
children. It is expected that the 2012 Guidelines Review will retain a focus on
the most vulnerable children such as unaccompanied minors. A number of EU Heads
of Missions decided to prioritize local child protection issues, such as
trafficking or situation of child migrants, in their action. A guidance note
for EU delegations on child protection will be developed. At the end of 2012, the Commission will issue guidelines for
consular services and border guards for identification of victims of trafficking,
including special indicators for child victims of trafficking.
Thematic Programme Investing in People
Thematic Programme Investing in People – Thematic Programme for
Human and Social Development 2007 – 2013. The mid-term review of the Strategy
Paper for Thematic Programme introduced a specific mention of the need to
improve birth registration as an essential tool to support national authorities
and/or NGOs when trying to trace the families of separated children. The EU and Member States should regularly address child protection issues in human rights and migration dialogues between the EU and third countries. Continuous dialogue and close cooperation with the countries of
origin and transit is one important element of the common EU approach to unaccompanied
minors. Therefore, the issue was discussed in the migration subgroup of the G8,
in the context of the EU-Africa Partnership on Migration, Mobility and
Employment and of the Rabat Process on Migration and Development (expert
meeting on vulnerable groups) as well as on the occasion of the JHA
Subcommittee meeting with Algeria and of the Working Group on Social and
Migration Affairs with Morocco, Egypt and Tunisia. Further, the collaboration and particularly the exchange of good
practice with countries facing similar challenges is of great importance for
ensuring a proper response on the part of the European Union and its Member
States. To this end, the issue of unaccompanied minors is also being discussed
in the framework of the EU-US Platform for Cooperation on Migration and Refugee
issues. In May 2011 Spain organised a seminar on unaccompanied minors. Human Rights Dialogues with: African Union, Bangladesh, Belarus,
Cambodia, Canada, Candidate countries (Croatia, Former Yugoslav Republic of
Macedonia, Turkey), China, Egypt, Georgia, India, Israel, Japan, Jordan,
Kazakhstan, Kyrgyzstan, Laos, Lebanon, Morocco, New Zealand, Pakistan,
Palestinian Authority, Russia, Sri Lanka, Tajikistan, Tunisia, Turkmenistan,
United States, Uzbekistan, and Vietnam. The EU and Member States should systematically examine the possibility of introducing, in agreements with third countries, specific provisions addressing the migration of unaccompanied minors and enabling cooperation on issues such prevention, family tracing, return or reintegration. See below. The EU and Member States should reinforce actions regarding child victims of trafficking in human beings by assisting and protecting these children at the very earliest stage, by referring them to specific services in the country where they are found. Such assistance should at least include the measures provided for by the Directive on victims of trafficking in human beings. The Action-Oriented Paper on strengthening the EU external dimension
on action against trafficking in human beings – first implementation
report/update of information on Member States' external action was adopted by
the JHA Council in June 2011 (12401/11 of 4 July 2011). It gives an overview of
all projects funded by the Member States, the Commission and EU agencies in
third countries on trafficking in human beings. It shows a good overview of the
many projects on assistance, support and protection of child victims of human
trafficking and the prevention of child trafficking and the prosecution of the
traffickers. The EU and Member States should reinforce the capacities of third countries to combat trafficking in human beings, as well as to protect and assist unaccompanied minors in accordance with the best interests of the child and international standards and conventions, regardless of their nationality. Project: "Addressing human trafficking of women and children in
Viet Nam through capacity building and technical assistance" (DCI,
2009-2012, € 0.4M) Project: "Prevention of unsafe migration and trafficking in
children and adolescents from India and Bangladesh" (TP Migration,
2009-2012, € 1.8M) Project: "Enhancing capacity to address trafficking in
especially children from a human rights perspective in nine provinces and Phnom Penh municipality of Cambodia" (EIDHR, 2010-2012, € 188,000) Project: "Enfants en voyage au Maroc: Strengthening public UAM
management policies in Morocco" (TP Migration, 2011-2013 / € 1.2M) Project: "Programme Petit Fènix": support development of Morocco's national service for prevention of emigration of UAM and strengthen co-operation between
EU and Morocco in this area (TP Migration, 2011-2013 / € 1.3M) Project: "Strengthening the capacity of the Central Asian Republics to protect and assist victims of trafficking in persons and smuggled
migrants, especially women and children" (TP migration, 2011-2013, € 0.7M) Project: Additional measures to fight child trafficking in Moldova (TP Investing in People, 2009-2012, €363,000) Project: Against Child Trafficking in Lebanon (TP Investing in
People, 2009-2011, €304,000) Project: Tackling exploitation and trafficking of under-18 girls in Tajikistan (TP Investing in People, 2009-2012, €458,000) Project: "Erradicación progresiva de la explotación sexual y la
trata con fines sexuales de niñas/os y adolescentes en la Ciudad de
Encarnación, Paraguay" (TP Investing in People, 2009-, €510,000) Project: Combat child trafficking in Uganda, TP Investing in People,
2009-, €540,000 The EU and Member States should implement the prevention measures of the Action oriented paper on trafficking in human beings and support regional instruments against trafficking in human beings. In June 2011, the Council adopted the first implementation report of
the Action-Oriented Paper (see also above) which — apart from a list of
projects on THB implemented by the Member States, agencies and the European
Commission — lists a number of recommendations. It recommends that EEAS and the
EU ATC work together towards the establishment of a list of priority regions
and countries. The EU ATC has established good links with EEAS to tackle these
recommendations. The next implementation report of the AOP is due in December
2012. Member States’ consular services should thoroughly assess visa applications submitted on behalf of children. Consular cooperation, visa and document checking in countries of
origin are carried out by BG, FR, DE, ES, IE, IT, HU and UK. DE and ES mention the use of the rolling out of the Visa Information System. ES, DE, HU, NL, PL,
PT, PL and RO also refer to entry and exit checks in the Schengen Information
System (SIS) and the compliance of their actions with the provisions of the
Schengen Borders Code.[10]
The Commission will include specific reference to unaccompanied minors in the Immigration Portal, in order to improve information to potential migrants. The EU Immigration Portal[11]
was launched on 18 November 2011. It provides practical information for
migrants and potential migrants. It includes a section dedicated to information
on unaccompanied minors, which can be found under the heading 'Children
travelling alone' within the section 'Avoiding the risks'.[12] To encourage Member States to make use of the network of national contact points in relation to border control on minors, as set out in Annex 37 of the Practical Handbook for Border Guards. The proposal for a Regulation of the
European Parliament and of the Council amending Regulation (EC) No 562/2006 of
the European Parliament and of the Council establishing a Community Code on the
rules governing the movement of persons across borders (Schengen Borders Code)
and the Convention implementing the Schengen Agreement (COM(2011) 118 final)
adopted by the Commission in March 2011 proposes that a list of national
contact points for consultation purposes on minors – currently established on a
voluntary basis under section 3.7 and Annex 37 of the Schengen Handbook – will
be formally established and its use will be made obligatory. Point 6.4 of Annex
VII provides: "Member States shall nominate national contact points for
consultation on minors and inform the Commission thereof. A list of these
national contact points shall be made available to Member States by the
Commission". To encourage Frontex and other European agencies to set up actions aimed at supporting the training of border authorities in third countries on how to detect counterfeited passports and visas, at targeted joint operations. As recommended in the Action Plan Implementing the Stockholm
Programme to establish guidelines and specific trainings for consular services
and border guards Frontex Training Unit has developed a specific training
curriculum on trafficking in human beings (THB) entitled Anti-Trafficking
Trainer’s Manual for Border Guards. The objective of this THB training
curriculum for border control authorities is to strengthen the capacities of
first and second line law enforcement officers within the EU and Schengen-Associated
Countries to prevent and combat THB and to handle the victims with serious
respect for their fundamental human rights. To accomplish this, 3 modules were
developed, namely awareness raising, identification and an interviewing module.
Every module has dedicated chapters dealing with child victims of trafficking.
III. 2. Protection Programmes
in third countries
The EU and Member States should continue to fund activities aiming to provide protection and assistance to minor asylum seekers and refugees, including activities against exploitation and forced recruitment, for example by criminal groups. The EU and Member States should continue to support third countries in improving their legislative and administrative capacity to identify minor asylum seekers and victims of trafficking in human beings and set up specific assistance programmes.
Projects funded
Project: "Legal and Social Protection of
Asylum Seeking and Refugee Children in Ukraine" (TP Migration &
Asylum, 2009 -2012, € 1M) Project: "Strengthening National
Mechanisms and Capacities for Elimination of Trafficking in Children in Ukraine" (TP Investing in People, 2009-2011, €596,000) Project: "Promotion and Protection of
the Rights of the Child in Armenia through support to the functionality of
central and local government and community based structures to prevent,
identify and adequately address child protection concerns in institutions"
(EIDHR, 2009-2012, €633,800) Project: "Towards a national policy to
fight human trafficking of women, teenagers and children for sexual
exploitation purposes in Uruguay" (EIDHR, 2010-2012, €150,000) Project: "Partnership for Protection of
the Child's Rights in FYROM through Support the implementation of the
Government’s policy for protection of children’s rights on regional and local
levels" (EIDHR, 2009-2011, €80,000) Project: "Strengthening Civil Society
Actors to Work in Greater Cohesion with Government in Implementing the Child
Rights Act" (EIDHR, 2009-2011, €236,000) Project: "Strengthening Capacities and
Coordination among Actors Working with Street Children in Nepal" (EIDHR, 2009-2012, €86,000) Project: "Child Protection Systems for
Iraqi refugee children in Lebanon, Syria and Jordan" (TP Migration,
2011-2013/ €0,7M) Project: "Legal and Social Protection of
Asylum Seeking and Refugee Children in Ukraine, Belarus, and Moldova" (TP Migration, 2011 -2013, € 791.000) Project: "Strengthening the capacity of
the Central Asian Republics to protect and assist victims of trafficking in
persons and smuggled migrants, especially women and children, in partnership
with NGOs and other civil society actors" (TP Migration, 2011 -2013, €
700.000)
The issues mentioned appear at the annual UNGA and HRC
resolution on the rights of the child (sponsored by the EU) and the EU
draws attention to them also during the interactive dialogue with the UNSR
on trafficking or during the general debate on children.
The EU and Member States should continue to include activities to assist and protect children in the framework of Regional Protection Programmes, which should be expanded to cover other key regions in terms of migratory flows to the EU and protection needs. Regional Protection Programmes (RPPs) have been designed to build up
and enhance the protection and asylum capacity of
targeted regions and countries and improve refugee protection through durable
solutions. In the preparation of each RPP (done in
close cooperation with the UNHCR) the unaccompanied minors are always taken
into consideration while designing concrete objectives and activities of the
action. For instance, the RPP in the Horn of Africa aims to provide enhanced
educational opportunities for refugee children in the camps in Kenya and
Djibouti including those with special needs as well as strengthen child
protection activities in camps in Kenya. In addition, the resettlement
component of Regional Protection Programmes addresses the needs of the most
vulnerable refuges, among them unaccompanied minors.
III. 3. Actions in EU Member
States
Most Member States have adopted — or are in the process of
adopting — legislative Acts specifically aimed at protecting minors from human
trafficking, violence, sexual abuse, exploitation and disappearance. Specific
units have been set up within Member States' administrations and specific
training for Border Guards is being provided. Preventive measures such as bilateral agreements with third
countries and protection programmes were also set up. France signed an agreement with an EU country, Romania, which includes cooperation among liaison
officers to prevent irregular exit and facilitate return. Spain signed a management flow agreement
for children with Morocco and Senegal, which covers prevention, reception, family
tracing and secure return and reintegration. Italy singed a similar agreement
with Egypt and Albania. The Spanish Ministry of
Foreign Affairs and Cooperation's Agency for International Development
Cooperation has built two centres for minors in Nador and Beni Mellal, in the
framework of its support strategy for vulnerable minors in Morocco and its collaboration with L’Entraide Nationale. The centre in Beni Mellal opened its
doors in 2011 and currently carries out activities with minors who have dropped
out of school and other vulnerable minors aiming to discourage them from
emigrating irregularly. Many Member States – AT, BE, BG, CZ, DE, EL, ES, IE, IT, HU, NL, PT,
SE and UK – run information campaigns and projects and finance the
construction of educational and training centres for minors in order to offer
them an alternative to irregular migration to the EU. Those activities are
usually carried out in cooperation with International Organizations and NGOs
working in the field, such as IOM, ILO, UNHCR, Organisation for Security and Co-operation
in Europe (OSCE), Caritas, L'Entraide Nationale. Detailed information on Member States
developments Austria is
planning to build a child protection centre in Chisinau in Moldova in September 2012, after an increasing number of unaccompanied minors from Moldavia arrived in Austria. It is meant to prevent these unaccompanied minors from falling victim
to human trafficking again and to ensure a better life for them in their
country. In Belgium legislation on human trafficking addresses
the needs of UAMs. Belgium is participating in several projects with third
countries on protecting their minors from being trafficked. The "Enhancing multi-stakeholders
cooperation to fight human trafficking in countries of origin and destination"
project is developing a partnership to tackle the sexual exploitation issue in West Africa. Belgium also runs a project with Brazil to prevent trafficking for labour exploitation and participates with
other Member States on a project in Serbia on victim identification and
protection. Bulgaria has a
strategic framework for the prevention of migration and trafficking of
children, including a National Strategy for Child Protection 2008-2018. The
main priorities of the Strategy are prevention, improving the efficiency of the
measures to protect children from violence, abuse and exploitation, including
protection of children who are victims of trafficking. Bulgaria cooperates closely with intergovernmental and nongovernmental organisations such as the
International Organization for Migration, Caritas Bulgaria, the Bulgarian
Helsinki Committee, the Bulgarian Red Cross and Assistance Centre for Torture
Survivors. Bulgaria works in partnership with countries of origin of
trafficking in human beings. Through the diplomatic missions of Bulgaria abroad, cooperation with the competent authorities of the countries of origin on
issues such as transit of unaccompanied children and children-victims of
trafficking is developed. The Czech Republic action is carried out
by NGOs working on humanitarian projects in third countries, for example Adra,
People in Need and Katolická Charita. The Ministry of
the Interior is responsible for coordination of preventive measures when it
comes to the question of trafficking in human beings as such. In order to
prevent trafficking in children (also UAMs) a handbook “Trafficking in Children
– Recommendations for Procedures of the Public Administration” was created with
the contribution of the public authorities together with the NGOs. The document
is a reaction to the developing trends in the area of committing crime of
trafficking in children. The aim of the handbook is to describe in detail the
recommended procedures of state authorities in cases where a minor is the perpetrator
of a crime (especially property crime) - the document stresses the fact that a
minor may be a victim forced by the real perpetrator into committing such
crimes. Therefore the handbook pays attention to the problematic aspects in the
identification of a potential child victim of this crime. Denmark is running the Danish Regions of
Origin program in Africa, the Middle-East and Asia to enhance protection of
refugees and displaced persons in the region, including unaccompanied minors.
Estonia is amending the Penal Code and other related Acts to change the
wording regarding the elements of enslavement and will add further elements
dealing with human trafficking to the Penal Code. The Ministry of the Interior of Finland set up a project to draft a proposal on passing a special act on trafficking
in human beings in January 2012. Proposals for a more detailed regulation of
the assistance system for victims of human trafficking and identification of
victims will form a key part of this legislative project. Currently, services
and support measures for victims are coordinated by two government-run
reception centres for asylum seekers, one of which cares for unaccompanied
minors. The Finnish Immigration Service and the two reception centres
responsible for victim assistance also regularly arrange training on human
trafficking and identification of victims for their personnel and other
reception centres. France follows
a double-track strategy, fighting against organised children trafficking
networks, through identifying and confiscating financial flows and money
laundering on the one hand and getting children out of these networks on the
other. Germany supports the
initiative to step up action against criminal structures (especially people
traffickers) at EU level in relation to unaccompanied minors. All national
external cooperation instruments with a migration policy objective also
contribute towards preventing the unsafe migration of unaccompanied minors. German
diplomatic and consular missions check visa applications from minors
thoroughly. Entry and exit checks comply with all provisions of the Schengen
Borders Code. Decision-makers from the Federal Office for Migration and
Refugees are currently being specially trained to identify those UAMs affected
by trafficking in human beings. Greece has set up
the nine-member Central Scientific Council for the prevention and treatment of
the victimisation and criminality of minors at the Greek Ministry of Justice,
Transparency and Human Rights. To fulfil its mission, the Council cooperates
with national and international bodies and services, higher education
institutions, research and education centres, public or private social,
scientific and producer bodies, and with NGOs dealing with the prevention and
treatment of the victimisation and criminality of minors. During 2011, it
created the ORESTES network to cooperate and improve the effectiveness of
related projects (approximately 250 bodies and 100 municipalities are
taking part); it put together initiatives aimed at mobilising local communities
and raising awareness amongst the general population; it created the 24-hour
National Child Protection Helpline (number 1107) and the network of social
workers who deal with the relevant complaints; it submitted a draft Joint
Ministerial Decision and Presidential Decree on foster care to the competent
ministries; and it set up a special team to register problems faced by
unaccompanied minors. In Ireland, the Anti-Human Trafficking Unit of the Department
of Justice and Equality and the national Police Force gave presentations to
staff of the Department of Foreign Affairs and Trade being posted abroad in
2011 and distributed information packs on trafficking issues to Irish Embassies
around the world. Non-governmental organisations, such as IOM are also used to
deliver training as required. In 2009, a “National Joint HSE/Garda Protocol on Missing Children”
was published which includes agreed formal procedures for interagency
notification and co-operation in relation to the recovery of children who go
missing from care which may include potential/suspected victims of human
trafficking was put in place. Finally, through the Department of Foreign Affairs and Trade, the Irish
Aid Stability Fund provided 100,000 euro towards an OSCE-lead project for the
enhancement of anti-trafficking measures in Ukraine. The Italian Ministry of Labour and
Social Policies is implementing bilateral cooperation projects aimed at
preventing irregular minor emigration. An intervention programme has been set
up with the Egyptian Government in order to define shared instruments and
guidelines for the prevention of minor irregular migration, both through
information campaigns on the risks of this phenomenon and through individual
socio-economic reinsertion project in the country of origin. In Albania the project “Back to the future” (2008-2010) financed by the European Commission implemented
an effective cooperation between Italian and Albanian administrations, which
has led to an agreed management of the problem. Hungary
works at consulate level to assess visa applications
submitted on behalf of minors, in accordance with the Community Visa Code and
the Commission Decision establishing the Handbook for the processing of visa
applications and the modification of issued visas. This assessment includes the
verification that the minor has not been unlawfully removed from the care of
the person legally exercising parental custody over him/her; that there is no
ground for suspecting child trafficking or child abuse; and that the purpose of
the journey is not illegal immigration into EU territory. In compliance with the Schengen Borders Code, the Hungarian Police
as the authority responsible for guarding the Hungarian borders pays special
attention to all minors. If the minor is accompanied by an adult, the police
officer check whether the person accompanying the minor is responsible for
him/her, especially if the minor is accompanied by one adult only and there are
serious reasons to consider that the minor was illegally taken away from the
person(s) responsible for him/her. In case of unaccompanied minors, the police
officers make sure (with the thorough examination of the travel document and
the certifying documents) that the minor does not enter the territory of the Member State against the intention of the persons responsible for him/her. Furthermore, the Hungarian Ministry of
Foreign Affairs has funded and is currently funding several projects (both
bilateral and multilateral) in developing countries aimed at ameliorating
living conditions in these countries (mainly by developing education and
healthcare), and thereby contributing to decreasing the migration potential in
these countries and preventing the unsafe migration of unaccompanied minors. Lithuania approved
the Programme for the prevention and control of human trafficking for 2009–12,
including measures for the prevention of human trafficking which also cover the
prevention of trafficking of minors from third countries. In 2011, the Ministry
of the Interior approved recommendations for early action to prevent unlawful
removal of children to foreign countries outside the Schengen area for sale or
other purposes. In Malta, in cases where unaccompanied minors claim that they
were victims of trafficking, or where there is a suspicion that they have been
victims of trafficking, the Office of the Refugee Commissioner takes this
matter into consideration when the case is being assessed. No protection programmes in third countries
are run by Malta. The Netherlands has
experience with protecting unaccompanied minors who are or are probably in
danger of becoming victims of child smuggling and trafficking. A form of
protected accommodation is provided in order to prevent disappearances.
Unaccompanied minors also receive guidance throughout the process to enable
them to free themselves from the control of the traffickers. Criminal networks
are investigated. The Netherlands also has various cooperation schemes and technical
assistance projects in the area of preventing and combating human trafficking
with Serbia, Nigeria and Angola. Together with ILO, the Netherlands is running a project in Bolivia, Indonesia, Mali and Uganda on countering child forced
labour and plans to start a prevention project in Afghanistan. In Poland the Border Guard carries
out its official duties related to, inter alia, fighting against the
practices of organised irregular crossing of the national border of the country
and the practice of trafficking in human beings. The Border Guard also
participates in pilot programmes organised in selected provinces, aimed at
combating and preventing trafficking in minors. These initiatives include the
preparation of working documents intended as guidelines regarding
identification, principles and procedures for cases of the discovery of a
victim who is a minor. Care institutions where minor victims could be placed
have been appointed (the educational staff of these institutions is trained in
cooperation with the Border Guard). Portugal highlights
the Saferdicas awareness campaign regarding the dangers of using the
internet, and precautions to be taken when doing so, in particular in relation
to the recruitment of victims of human trafficking. The launch of the film
"I want to be a Star" about the triangular trafficking of minors
between Portugal, Mozambique and South Africa was a part of the prevention
campaign. Under the 1999 Law on the Protection of Children and Young People at
Risk, the Republican National Guard and Portuguese military police force are
represented on the Commission for the Protection of Children and Young People.
The Commission flags and follows cases of minors at risk of which they are
aware, as part of its work. The Republican National Guard and Portuguese
military police force undertake prevention activities in relation to the abuse
of the children's rights. The Romanian Border Police uses specific risk profiles for
the purpose of early identification of children who are victims of THB. During 2011, the Schengen Multifunctional Training Center from Buzău organized an advanced course in
Schengen acquis on countering trafficking in human beings, including minor
victims of trafficking in human beings. Romania has not implemented any special programs for the prevention or increasing the protection capacity for unaccompanied minors in third countries. The Slovak Republic has set up a working group on combating trafficking in human beings, in the
framework of the 2011–2014 National Action Plan to Combat Human Trafficking.
Guidelines have been issued for the border and aliens police forces on a
detailed procedure for identifying potential victims of human trafficking,
including victims of human trafficking who declare to be unaccompanied minors. Slovenia's Migration and Integration Directorate concluded, on 17 November
2010, an agreement with the Slovenian Jesuit Association for Refugees on the
implementation of the programme entitled 'Introduction of mechanisms for
recognising, assisting and protecting the victims of trafficking in human beings
and/or sexual violence into the procedures for granting international
protection in Slovenia" for a period of two years. On 27 October 2011 the new Slovenian
Aliens Act entered into force. As regards the prevention of trafficking of
unaccompanied minors, the new Aliens Act contains a new provision introducing a
special procedure for this group. The police and
non-governmental organisations are duty-bound to inform the minor of the
possibility of obtaining a residence permit and of the related conditions and
to make every effort to establish contact with his or her family. Spain's Ministry of Employment and
Social Security has co-financed by 20% (303 345 €) a project in Senegal
named "Preventing illegal UAMs migration to the EU". The project aims
at capacity building in Senegal's institutions to protect minors and provide
them with better life prospect, which is hoped will prevent them from irregular
migrating to the EU. Prevention activities have been strengthened by the
Spanish consulates in respect of minors' visa applications assessment by the
implementation of the EU Visa Code and the VIS rolling-out. In Spain, most UAMs come from Morocco. In partnership with L’Entraide Nationale, the Spanish International Cooperation
for Development Agency has built two centres for minors in Morocco with activities starting in 2011, targeting school leavers and other vulnerable minors to
prevent irregular emigration. Support to building minor centres is also
provided by the Regions of Andalucía, Catalonia and Madrid. Sweden is developing a considerable number of projects with third countries
such as Mali, Kosovo, Kenya, Burkina Faso, and Bolivia, on prevention measures
and children protection from violence, trafficking for labour and sexual
exploitation and/or organ trafficking purposes. The United Kingdom's Borders, Citizenship and Immigration Act
2009 places a duty on the UK Border Agency to safeguard and protect the welfare
of children. The statutory duty does not apply in relation to children
who are outside the United Kingdom, but staff working overseas must adhere to
the spirit of the duty. UK Immigration Liaison Managers and Officers
receive specific training to identify children who may be at risk when
travelling, and they include this within their own training programmes for
airline staff. Where possible they also work with host authorities and
international organisations to raise awareness. For example, they have
worked with the IOM in Southern Africa on a long term regional project to
develop the capacity of the travel industry and border authorities to identify
and address child trafficking. The UK Government is strongly committed to
protecting child trafficking victims including those who may go missing. Local
approaches have proven to be effective. For example stronger processes and
systems put in place by the London Borough of Hillingdon and Hertfordshire has
reduced the number of under 18 year old unaccompanied children going missing. The
UK government takes this issue very seriously and this is why the Human
Trafficking Strategy contains specific commitment to take action to tackle this
issue working with key national partners including Child Exploitation and
Online Protection Centre.
IV. RECEPTION AND
PROCEDURAL GUARANTEES
IV.1 Procedures at first
encounter and standards of protection
The EU should adopt higher standards of protection for unaccompanied minors by completing negotiations on the revision of the asylum acquis and by adopting more comprehensive legislation on trafficking in human beings and sexual exploitation of children.
IV. 1.1. Asylum
Recast proposals presented in June 2011 included a number of
procedural safeguards enhancing the protection of minors, including
unaccompanied minors.
Proposed Asylum Procedures Directive:
o The right of minors to apply for international protection is
explicitly stipulated in the proposal; o Member States are required to grant applicants with special needs,
including unaccompanied minors, time extensions to submit evidence or take
other necessary steps in the asylum procedure; o Unaccompanied minors are entitled to free legal assistance in both
first instance and appeal procedures; o Member States are required to appoint a guardian in order to assist
and represent an unaccompanied minor with respect to the lodging and
examination of the application. In accordance with the proposal, the guardian
must be impartial and have the necessary expertise in the field of childcare;
The proposal exempts unaccompanied minors from accelerated/manifestly unfounded
border procedures, and from procedures based on the safe third country concept; o Member States are required to provide initial and follow up training
to asylum personnel with regard to gender, trauma and age awareness, and to
ensure that interviews with minors are conducted in a child-friendly manner.
Proposed Reception Conditions Directive
o specifies that minors shall not be detained unless it is in their
best interests, while unaccompanied minors shall never be detained; o obliges Member States to establish specific reception conditions for
minors such as the possibility to engage in leisure and recreational activities
appropriate for their age; o the best interests of the child principle is defined; o obliges Member States to identify applicants with special needs and
to indicate the exact nature of those needs in order to ensure they are
adequately addressed; o the obligation of Member States to trace the unaccompanied minors'
family members is strengthened.
Qualification Directive (Directive 2011/95/EU)
The Directive 'on standards for the
qualification of third-country nationals or stateless persons as beneficiaries
of international protection, for a uniform status for refugees or for persons
eligible for subsidiary protection, and for the content of the protection
granted' was adopted on 13.12.2011 and constitutes the first element of the
asylum package. The Directive strengthens the provision on tracing of family
members. Moreover, recital 18 of the Directive for the first time contains an
indicative list of what is to be taken into consideration to assess the best
interest of the child, including the principle of family unity. Recital 18 — The ‘best interests of the
child’ should be a primary consideration of Member States when implementing
this Directive, in line with the 1989 United Nations Convention on the Rights
of the Child. In assessing the best interests of the child, Member States
should in particular take due account of the principle of family unity, the
minor’s well-being and social development, safety and security considerations
and the views of the minor in accordance with his or her age and maturity. Recital 27 — When the applicant is an unaccompanied
minor, the availability of appropriate care and custodial arrangements, which
are in the best interest of the unaccompanied minor, should form part of the
assessment as to whether that protection is effectively available. Article 31 — Unaccompanied minors 1.
As soon as possible after the granting of
international protection, Member States shall take the necessary measures to
ensure the representation of unaccompanied minors by a legal guardian or, where
necessary, by an organisation responsible for the care and well-being of
minors, or by any other appropriate representation including that based on
legislation or court order. 2.
Member States shall ensure that the minor’s
needs are duly met in the implementation of this Directive by the appointed
guardian or representative. The appropriate authorities shall make regular
assessments. 3.
Member States shall ensure that unaccompanied
minors are placed either: (a) with adult relatives; or (b) with a foster family; or (c) in centres specialising in accommodation for minors; or (d) in other accommodation suitable for minors. In this context, the views of the child shall
be taken into account in accordance with his or children's age and degree of
maturity. 4.
As far as possible, siblings shall be kept
together, taking into account the best interests of the minor concerned and, in
particular, his or her age and degree of maturity. Changes of residence of
unaccompanied minors shall be limited to a minimum. 5.
If an unaccompanied minor is granted
international protection and the tracing of his or her family members has not
already started, Member States shall start tracing them as soon as possible
after the granting of international protection, whilst protecting the minor’s
best interests. If the tracing has already started, Member States shall
continue the tracing process where appropriate. In cases where there may be a
threat to the life or integrity of the minor or his or her close relatives,
particularly if they have remained in the country of origin, care must be taken
to ensure that the collection, processing and circulation of information
concerning those persons is undertaken on a confidential basis. 6.
Those working with unaccompanied minors shall
have had and continue to receive appropriate training concerning their needs.
IV.1.2.Trafficking
Directive on preventing and
combating trafficking in human beings and protecting its victims
(2011/36/EU)
Directive 2011/36/EU of the European
Parliament and of the Council 5 April 2011 on preventing and combating
trafficking in human beings and protecting its victims, and replacing Council
Framework Decision 2002/629/JHA, includes new provisions on particular
assistance, support and protection to unaccompanied child victims of
trafficking in human beings. The Directive is to be transposed into national
law by 6 April 2013. Recital 23 — Particular attention should be
paid to unaccompanied child victims of trafficking in human beings, as they
need specific assistance and support due to their situation of particular
vulnerability. From the moment an unaccompanied child victim of trafficking in
human beings is identified and until a durable solution is found, Member States
should apply reception measures appropriate to the needs of the child and
should ensure that relevant procedural safeguards apply. The necessary measures
should be taken to ensure that, where appropriate, a guardian and/or a
representative are appointed in order to safeguard the minor’s best interests.
A decision on the future of each unaccompanied child victim should be taken within
the shortest possible period of time with a view to finding durable solutions
based on an individual assessment of the best interests of the child, which
should be a primary consideration. A durable solution could be return and
reintegration into the country of origin or the country of return, integration
into the host society, granting of international protection status or granting
of other status in accordance with national law of the Member States. Recital 24 — When, in accordance with this
Directive, a guardian and/or a representative are to be appointed for a child,
those roles may be performed by the same person or by a legal person, an
institution or an authority. Article 13 — General Provisions on
assistance, support and protection measures for child victims of trafficking in
human beings (including unaccompanied minors) 1.
Child victims of trafficking in human beings
shall be provided with assistance, support and protection. In the application
of this Directive the child’s best interests shall be a primary consideration. 2.
Member States shall ensure that, where the age
of a person subject to trafficking in human beings is uncertain and there are
reasons to believe that the person is a child, that person is presumed to be a
child in order to receive immediate access to assistance, support and
protection in accordance with Articles 14 and 15. Article 14 — Assistance
and Support to child victims 1. Member States shall take the necessary measures to ensure that the
specific actions to assist and support child victims of trafficking in human
beings, in the short and long term, in their physical and psycho-social
recovery, are undertaken following an individual assessment of the special
circumstances of each particular child victim, taking due account of the
child’s views, needs and concerns with a view to finding a durable solution for
the child. Within a reasonable time, Member States shall provide access to
education for child victims and the children of victims who are given
assistance and support in accordance with Article 11, in accordance with their
national law. 2.
Members States shall appoint a guardian or a
representative for a child victim of trafficking in human beings from the
moment the child is identified by the authorities where, by national law, the
holders of parental responsibility are, as a result of a conflict of interest
between them and the child victim, precluded from ensuring the child’s best
interest and/or from representing the child. 3.
Member States shall take measures, where appropriate
and possible, to provide assistance and support to the family of a child victim
of trafficking in human beings when the family is in the territory of the
Member States. In particular, Member States shall, where appropriate and
possible, apply Article 4 of Framework Decision 2001/220/JHA to the family. 4.
This Article shall apply without prejudice to
Article 11. Article 15 — Protection of child victims of
trafficking in human beings in criminal investigations and proceedings 1.
Member States shall take the necessary measures
to ensure that in criminal investigations and proceedings, in accordance with
the role of victims in the relevant justice system, competent authorities
appoint a representative for a child victim of trafficking in human beings
where, by national law, the holders of parental responsibility are precluded
from representing the child as a result of a conflict of interest between them
and the child victim. 2.
Member States shall, in accordance with the role
of victims in the relevant justice system, ensure that child victims have
access without delay to free legal counselling and to free legal
representation, including for the purpose of claiming compensation, unless they
have sufficient financial resources. 3.
Without prejudice to the rights of the defence,
Member States shall take the necessary measures to ensure that in criminal
investigations and proceedings in respect of any of the offences referred to in
Articles 2 and 3: (a) interviews with the child victim take place without unjustified
delay after the facts have been reported to the competent authorities; (b) interviews with the child victim take place, where necessary, in
premises designed or adapted for that purpose; (c) interviews with the child victim are carried out, where necessary,
by or through professionals trained for that purpose; (d) the same persons, if possible and where appropriate, conduct all the
interviews with the child victim; (e) the number of interviews is as limited as possible and interviews
are carried out only where strictly necessary for the purposes of criminal
investigations and proceedings; (f) the child victim may be accompanied by a representative or, where
appropriate, an adult of the child’s choice, unless a reasoned decision has
been made to the contrary in respect of that person. 4.
Member States shall take the necessary measures
to ensure that in criminal investigations of any of the offences referred to in
Articles 2 and 3 all interviews with a child victim or, where appropriate, with
a child witness, may be video recorded and that such video recorded interviews
may be used as evidence in criminal court proceedings, in accordance with the
rules under their national law. 5.
Member States shall take the necessary measures
to ensure that in criminal court proceedings relating to any of the offences
referred to in Articles 2 and 3, it may be ordered that: (a) the hearing take place without the presence of the public; and (b) the child victim be heard in the courtroom without being present, in
particular, through the use of appropriate communication technologies. 6.
This Article shall apply without prejudice to
Article 12. Article 16 — Assistance, support and
protection for unaccompanied child victims of trafficking in human beings 1.
Member States shall take the necessary measures
to ensure that the specific actions to assist and support child victims of
trafficking in human beings, as referred to in Article 14(1), take due account
of the personal and special circumstances of the unaccompanied child victim. 2.
Member States shall take the necessary measures
with a view to finding a durable solution based on an individual assessment of
the best interests of the child. 3.
Member States shall take the necessary measures
to ensure that, where appropriate, a guardian is appointed to unaccompanied
child victims of trafficking in human beings. 4.
Member States shall take the necessary measures
to ensure that, in criminal investigations and proceedings, in accordance with
the role of victims in the relevant justice system, competent authorities
appoint a representative where the child is unaccompanied or separated from its
family. 5.
This Article shall apply without prejudice to
Articles 14 and 15.
The October 2010 Report on the application of Directive
2004/81/EC on the residence permits issued to third-country nationals who
are victims of trafficking (COM(2010)493) proposes as one of the possible
follow-ups an amendment aimed at strengthening the framework of treatment
for minors, including unaccompanied minors. Furthermore, the Commission
also plans to examine the possibility of granting residence permits based
on the vulnerable situation of the victim regardless of their cooperation
with investigating authorities. This category of victims may include
unaccompanied minors.
A useful tool in addressing trafficking of human being,
including unaccompanied minors, is a website dedicated to anti-trafficking
(http://ec.europa.eu/anti-trafficking) which was launched in December
2010.
The EU Anti-Trafficking Day has been established on 18 October
of every year since 2007 and a clear focus is placed on pertinent issues
relating to trafficking in human beings. In 2011, the focus of the day was
on cooperation between the seven EU agencies working in the field of
Justice and Home Affairs (Frontex, Europol, Eurojust, EASO, FRA, EIGE and
CEPOL). A Joint Statement was adopted on 18 October 2011 which calls for
the commitment to address trafficking in human beings and better
coordination and closer cooperation. It also stresses that particular
attention and due care should be given to the rights and treatment of
vulnerable groups, including unaccompanied minors. Contact points have
been designed in each agency to follow up on the concrete measures to
implement the political statement. A first meeting of the contact points is
planned for early 2012.
In 2010, the Belgian Presidency organised a conference titled
'Towards a multi-disciplinary approach to
prevention of trafficking in human beings, prosecution of traffickers and
protection of victims' bringing together politicians, government
practitioners and civil society from across EU.
The issue of unaccompanied minors was raised in the context of
the integrated EU Strategy towards the Eradication of Trafficking in Human
Beings (2012-2016), adopted in June 2012.
IV. 1.3. Sexual exploitation of children
Directive 2011/93/EU of the European Parliament and of the Council
of 13 December 2011 on combating the sexual abuse and sexual exploitation of
children and child pornography, and replacing Council Framework Decision
2004/68/JHA.[13]
The Directive is to be transposed into national law by 18 December 2013. It
covers all children, including unaccompanied children coming from
third-countries. Article 20 — Protection of child victims in
criminal investigations and proceedings 1. Member States shall take the necessary
measures to ensure that in criminal investigations and proceedings, in
accordance with the role of victims in the relevant justice system, competent
authorities appoint a special representative for the child victim where, under
national law, the holders of parental responsibility are precluded from
representing the child as a result of a conflict of interest between them and
the child victim, or where the child is unaccompanied or separated from the
family. 2. Member States shall ensure that child
victims have, without delay, access to legal counselling and, in accordance
with the role of victims in the relevant justice system, to legal
representation, including for the purpose of claiming compensation. Legal
counselling and legal representation shall be free of charge where the victim
does not have sufficient financial resources.
IV.1.4. Actions in other areas
The Commission will ensure that EU legislation is correctly implemented and, on the basis of an impact assessment, evaluate whether it is necessary to introduce targeted amendments or a specific instrument setting down common standards on reception and assistance for all unaccompanied minors regarding guardianship, legal representation, access to accommodation and care, initial interviews, education services and appropriate healthcare, etc. The Commission has continued to check the correct implementation of EU
legislation, in particular the Return Directive. In April 2011, the European
Parliament and the Council adopted the Directive on Preventing and Combating
Trafficking in Human Beings and protecting its victims (Directive on
Trafficking in Human Beings). As mentioned above, the Directive includes new
provisions providing assistance, support and protection to unaccompanied
children who are victims of trafficking. In June 2011, the Commission made proposals
for revising the asylum acquis, containing a number of procedural safeguards
enhancing the protection of minors, including unaccompanied minors (see above).
Negotiations on these proposals are on-going. The Return Directive makes a difference between those who are
already "in" the EU and those who are apprehended when trying to
enter the EU ("border cases"). Even though Member States may decide
not to apply the Directive to these so-called border cases, this does not lead
to a legal vacuum for the migrants concerned: minimum safeguards will have to
be respected. If Member States opt not to apply the Directive to this category
of persons, they must ensure that the level of protection for affected persons
is not less favourable than that set out in the articles of the Directive
dealing with limitations on the use of coercive measures, postponement of
removal under specific circumstances, emergency health care, taking into
account the needs of vulnerable persons, detention conditions, special rules on
detention of minors and families, and full respect for the principle of
non-refoulement. Moreover, in relation to asylum, a Comparative report of the FRA on
Separated, Asylum-seeking children in European Union Member States, published
in November 2010, examined the perspectives and experiences of 336
unaccompanied and separated children and 302 adults responsible for their care
in 12 EU Member States. The study covered the children’s living conditions,
including: accommodation; the role of social workers; healthcare; education and
training; religion, cultural norms and values; recreation and leisure; and
social interaction and experiences of racism. It also included information on
legal issues and procedures affecting the children, including: legal
guardianship and legal representation; age assessment; family tracing and
reunification; the asylum procedure; and detention. The questions of the
children’s maltreatment and abuse and ‘turning 18’ were also summarily
considered in the report, as the research was not initially designed to address
them. The children interviewed were aged between 14 and 18 years, and
every effort was made to interview girls and boys with difference ethnic,
religious and cultural backgrounds. The adults interviewed included care
workers, social workers, teachers, psychologists, health specialists, legal
guardians, legal practitioners, government officials – including law
enforcement officers – interpreters and researchers. The FRA research on
children is particularly guided by Article 12 of the UN Convention on the
Rights of the Child, which requires the participation of children in decisions
which affect them. The report contains ‘Considerations’ regarding the adequate
treatment of the children in the host State as well as references to relevant
provisions of the UN Convention on the Rights of the Child and selected
international instruments and EU legislation. The report concluded that
children's rights, often not clearly reflected in EU legal provisions, are not
always fulfilled. At the Belgian Presidency seminar "Unaccompanied Minors:
children crossing the external borders of the EU in search of protection",
9 – 10 December 2010, Brussels, the Fundamental Rights Agency presented a
discussion paper on "Protecting from the first encounter unaccompanied and
separated children". This discussion paper is based on the study carried
out for the above-mentioned Comparative report of the FRA on "Separated,
Asylum-seeking children in European Union Member States", but focuses on children’s
situation ‘at borders’. The situation of UAMs at airports and transit zones was discussed
during the Conference of Operational Heads of Airports which took place in March
2012 in Rome. The workshop yielded concrete recommendations on how to improve
procedures for UAMs at airport borders and transit zones. The EU should assess different experiences to counter disappearance and promote best practices. The FRA project on the treatment of third-country nationals at
borders has a set of questions to identify how children are dealt with a)
during or after rescue/interception at sea and b) at border crossing points.
The results will be published at the end of 2012 and in mid-2013 respectively.
At the maritime borders, the research analysed the existing mechanism in the
Mediterranean countries to identify Unaccompanied and Separated Children, age
assessment procedures at borders, and the existence of adequate reception facilities
upon arrival. As regards to the border crossing points, the research looks at
how the Unaccompanied and Separated Children are dealt with during border
checks. Member States are invited to prioritise the use of missing person alerts in the Schengen Information System for cases of absconding or disappearance from care. The new section "Provision of descriptive detail on missing
minors and other persons assessed as being at risk" was inserted in
Commission Implementing Decision 2011/406 of 1.7.2011 amending the SIRENE
Manual. Additionally, further detail on information exchange on the
circumstances of a high risk missing person and the circumstances of their
disappearance was incorporated in Council document 18161/10 of 5.1.2011 setting
out a revised version of the updated catalogue of recommendations for the
correct application of the Schengen acquis and best practices (Schengen
Information System). A study on missing children will be carried out by DG Justice in
2012/2013, aiming to collect official data on children going missing in the 27
Member States, including UAMs in institutional care to establish the scale of
the issue, collect good practice from Member States and serve as evidence for
policies in the field. Member States are invited to consider introducing review mechanisms to monitor the quality of guardianship in order to ensure that the best interests of the child are represented throughout the decision making process and, in particular, to prevent abuse.
Meeting of the Expert Group on Unaccompanied Minors on
guardianship:
On 21 June 2011 the Commission organised the
first meeting of the expert group on unaccompanied minors. The meeting was
attended by the representatives of the Member States, international and
non-governmental organisations and EU institutions. The outcome document of the
meeting is expected to contribute to the implementation of the existing
legislative instruments as well as developing future legislation and policies
on unaccompanied children and guardianship (e.g. in the fields of asylum or
trafficking).
2011 EU Agenda for the Rights of the Child reiterated the
importance of appropriate representation of the child.
Project financed by DAPHNE III Programme: ‘Closing a protection
gap: Core Standards for guardians of separated children in Europe’ run by
Defence for Children-the Netherlands was finalised in 2011.
The aim of the Core Standards is to harmonize
the protection separated children receive from their guardian by focusing on
the qualifications of a guardian. The Core Standards should inspire the
guardians in their daily work and it offers a goal to work towards. Due to the
current guardianship system in some countries there are a lot of hurdles to
take to protect the best interest of separated children. The Standards should
empower the guardians and should inspire State authorities to adjust the
guardianship systems where necessary.
The Comparative report of the FRA on Separated, Asylum-seeking
children in European Union Member States, published in November 2010 (see
above), has also examined the perspectives and experiences of guardianship
of unaccompanied and separated children and adults responsible for their
care.
European Asylum Support Office is invited to organise training activities and develop best practices regarding reception conditions, asylum procedures and integration of unaccompanied minors.
The 2012 Work Programme recognises that one of the tasks of the
EASO as provided for by the Action Plan for Unaccompanied Minors
(2010-2014) is to develop best practice regarding reception conditions,
asylum procedures and integration of unaccompanied minors. To this end,
the Work Programme lists as one of the objectives for 2012 starting
developing best practices concerning these issues (section 4.2.5).
At the June 2012 management board meeting EASO presented their
Training Strategy, comprising the principles and procedures that will
guide EASO in the implementation of its training mandate. Key to this is
the European Asylum Curriculum (EAC), which is a common vocational
training system for Asylum Officials in the European Union. Through
commonly developed learning material the curriculum covers the whole EU
asylum procedure, including specific modules addressing vulnerable groups
and minors. Each module comprises on-line studies followed by a face to
face session. As such it is an essential tool for Member States delivering
initial and follow up training.
During 2011 EASO updated the EAC ‘Interviewing Children’
module. This module addresses training needs of asylum officials so that
they are equipped to consider complex issues of gender, trauma and age; it
also ensures that interviews with minors are conducted in a child-friendly
manner.
In July 2012 an expert meeting on Interviewing techniques &
methods was held. As part of the expert meeting, participants (including
experts in the field of asylum) were invited to take part in and feedback
on the EAC module, ‘interviewing children.’ The outcome will be used as a
basis for identifying future development of the module as well as other
training needs relating to Unaccompanied Minors.
In September 2012, EASO held an expert meeting on the use of
X-ray and other medical examinations for the purposes of age assessment,
In October 2011 EASO worked alongside FRA, IOM & UNHCR in a
Frontex-led joint operation focussed on assisting border officials in
identifying potential victims of trafficking. Going forward, EASO in
cooperation with Frontex, will consider additional possibilities for
training activities on handling cases involving children at the external
borders of the EU including age and evidence assessment procedures.
Belgian Presidency seminar on 'Unaccompanied Minors: children
crossing the external borders of the EU in search of protection', held on 9
– 10 December 2010 in Brussels. The conference was co-financed by the
Commission (EBF) and was focussed on protection of children from the first
encounter and resulted in a set of Recommendations. At this conference,
the FRA presented a background discussion paper on ‘Protecting from the
first encounter unaccompanied and separated children: establishing links
between actors’, on the basis of a table of contents identified by the
Belgian Presidency. This included the identification of key questions relating
to: good practice in referral at the border to immediate assistance and
reception; which services to provide to unaccompanied minors and which
representation is needed for unaccompanied minors (information, reception
facilities, tools to prevent disappearance or exploitation; which
representation is needed for unaccompanied minors (legal assistance,
guardians …), what access to which procedures, how to best coordinate
actions by the actors involved, and focal points for unaccompanied minors:
which steps are needed next.
Frontex is invited to include a separate paragraph on vulnerable groups, including unaccompanied minors, in working arrangements to be concluded with third countries. Frontex is including into its Working Arrangements the requirement that
“… in the implementation of the intended cooperation,
Frontex and the third country pay full respect to human rights.” Frontex is invited to provide technical assistance to border authorities in third countries on border related measures regarding unaccompanied minors. With the amended Frontex Regulation entering into force at the end
of 2011, Frontex acquired the mandate on technical assistance to border guard
authorities in third countries. The Agency is currently evaluating on how it
will implement such technical assistance projects in the future. The Commission will use available funds effectively, to support European networks of guardians, to exchange best practices and develop guidelines, common curricula and training, etc.
The Commission organised an Expert Group meeting on
guardianship (21 June 2011) (see above).
Project financed by DAPHNE III Programme: ‘Closing a protection
gap: Core Standards for guardians of separated children in Europe’ run by
Defence for Children-the Netherlands was finalised in 2011 (see above).
To call on the Commission and the Member States under the European Fund for the Integration of third country nationals and the European Refugee Fund, to strengthen UAM related actions, mainly in order to establish and improve reception facilities responding to the specific needs of minors, as well as measures for the development of appropriate integration actions. Under shared management, a number of Member States have foreseen to
address the specific situation of UAMs in their annual programmes for both the
European Refugee Fund and of the European Fund for the Integration of third
country nationals programmes. ·
Examples of projects funded: Project: "Accompagnement Damana-Refugies. MENA (2008-I/AC.13/01,
Belgium, 2008, euro). The purpose of the project was to
provide unaccompanied minor asylum seekers and refugees with individualised
psychosocial and multidisciplinary support facilitating the (re)building of
their identity and integration into society; and, through interviews,
individualised exchanges and participation in collective activities. Project: "Professionnaliser
l'accompagnement scolaire des MENA" (2008-I/Ac.13/26, Belgium, 2008-2009,
€ 36.904). The purpose of the project was to professionalize
support given to minors with learning difficulties: learning disabilities
linked to exile and trauma, illiteracy / lack of education, cultural
adaptation, and foreign language. For this, the Training Centre of the CPAS
Federation (UVCW) built a plan for collective supervision and for the
development of a tool for the multidisciplinary educational team over three
years, in close coordination with the CPAS Assesse UAMs Centre. Under centralised management, the Commission has financed actions
concerning unaccompanied minors in the framework of the European Refugee Fund
Community Actions. ·
Projects funded: Project: "Best
practices for a coordinated approach to assist unaccompanied minors, asylum
seekers and former UAMs in EU Member States", implemented by the
International Organisation for Migration, 2009, € 379.141,00: the project aims
to carry out a comprehensive assessment to identify the most pressing needs
among the target group, to identify assistance gaps, and to evaluate current
assistance projects and practices as well as capacity and efforts taken to
address such gaps; to draft and publish a report summarising findings and
providing recommendations for a common approach; to develop informational
leaflets targeting UAMs; and to conclude with an international conference to
share the findings and the recommended common approach with a wide audience. Project: "Access
of minor asylum seekers (aged 15-18 years old) to the educational system in
Europe – Meeting the challenges", implemented by the Hellenic Red Cross;
2009, € 206 964.00: the main objective of the project is to support, influence
and improve the existing educational framework in favour of the minor asylum
seekers at national and EU level, through a system of interrelated actions and
methodological tools. Project: "European
Network of Guardianship Institutions: Guardianship in practice",
implemented by the NIDOS Foundation; 2009, € 231.680,00: the objective is to
exchange existing methodologies within the ENGI-network, to develop common
principles and methodologies and to have these principles accepted within the
relevant authorities in the participating Member States (NL, BE, FI, DE, SE,
UK). Project: "Unaccompanied and separated children “on the move” in need of
international protection: Addressing protection needs through reception,
counselling and referral, and enhancing co-operation between concerned European
Union Member States", implemented by the UNHCR; 2010, € 652.614,86: the project aims to develop and promote common measures
to address reception, counselling and referral of Unaccompanied and Separated
Children (UASC), providing assistance, child appropriate information,
counselling and referral to asylum procedures or other protection mechanisms
along one of the most frequently travelled routes of UASC through the EU. UASC
will be ‘followed’ by the project partners along that route. Project: "Improving
the Quality of Unaccompanied Minor Asylum Seekers' Guardianship and Care in
Central European Countries", implemented by the International
Organisation for Migration, 2010, € 295.077,65: the overall objective of the project is to contribute towards the
enhancement of the quality of guardianship and harmonization and
standardization of the overall assistance and care provided to UAMs in Central
European countries in line with the EU Action Plan on Unaccompanied Minors, the
relevant EU Directives and the Convention on the Rights of Child by conducting
a review in Member States (Hungary, Slovakia, Czech Republic, Poland, Slovenia,
Romania and Bulgaria), developing a training manual and curriculum, organising
training for trainers and implementing training for guardians. Under the
European Refugee Fund Community Actions 2011 call for proposals the following projects
have been granted funding: Project: "Ensuring
effective responses to vulnerable asylum-seekers: promotion of adequate
standards for identification and claim determination for people with special
needs", to be implemented by the UNHCR, 2011, € 546.840,00 (indicative
amount). The project aims to address the specific needs
of vulnerable groups and promote high quality decision-making and capacity
building in the countries concerned. Its objectives include the effective and
proper identification of vulnerable asylum-seekers and the provision of a
timely and sufficient response to their needs through the comprehensive
analysis and monitoring of national legal frameworks and practice, targeted
capacity-building, inter-country exchanges on good practice, networking with
civil society, and the creation of national standard operating procedures to
ensure the quality and harmonization of national procedures. Project: NET FOR
U — NEeds Tackling and NEtworks FOR Unaccompanied minors integration;
implemented by Istituto don Calabria, 2011, € 645.480,00 (indicative amount);
the main goals of the action are.to define and test common intervention
programmes aimed to improve the integration of TCN unaccompanied foreign minors
(studying and elaborating new practices of needs assessment and family
tracing); and to strengthen collaboration between EU countries and main
stakeholders working in the field at local and transnational level while also
exploring opportunities for cooperation with minors' countries of origin. Activities for the protection of
unaccompanied minors have been also funded under the Daphne III Programme. Project: Frame of reference in prevention of
sexual and gender-based violence against and among young refugees, asylum
seekers and unaccompanied minors in the European reception and asylum sector;
implemented by the University of Gent, 2008-2010, € 400.000,00 (indicative
amount). Based on a knowledge, attitude and practice survey conducted in eight
EU Member States (Belgium, Netherlands, Ireland, Malta, Portugal, Spain, Greece,
Hungary) as well as on an evaluation of good practices, the project developed a
Frame of Reference for Prevention of Sexual and Gender based Violence in the
European Reception and Asylum Sector, available in 15 languages. The
Senperforto Frame of Reference consists of Standard Operating Procedures, a
Code of Conduct, a Sensitization Kit and a Training Manual. Project: Better integration of separated
children – capacity building and exchange of good practise to prevent
violations of their rights; implemented by Save the Children Denmark,
2009-2011, € 160.526, 54 (indicative amount). Through this project
professionals in five countries (Austria, Denmark, Poland, Slovenia, Slovakia)
working with separated children in the integration process have become better
equipped to assist separated children in their development and foster the
health, self-respect and dignity of separated children, thereby improving their
rights. By assessing the challenges facing separated children after receiving a
residence permit, developing national networks, identifying challenges,
developing recommendations and holding national and European training seminars,
the project has contributed to the exchange of knowledge, experiences and good
practices between professionals. The Daphne Programme has also awarded
annually operating grants for the functioning of the Separated Children in
Europe Programme SCEP, implemented by Save the Children Denmark. The aim of
these operating grants is to develop the SCEP network for the promotion and
protection rights of separated children. Furthermore,
in 2012 the Commission will introduce a new pilot project under budget line 18
03 18: "Pilot Project – Analysis of reception, protection and integration
policies for unaccompanied minors". The pilot project aims to contribute to the identification of good
practice on prevention, reception, protection and integration policies for
unaccompanied minors. It foresees that the child may be returned to his or her
country of origin where it will be necessary to guarantee reintegration; or
they may be given the status of international protection or other legal status
that allows the child to integrate in the Member State of residence; or they
may be resettled in the EU. In all these cases the interests of the child will
be guaranteed. To monitor the quality of care for UAMs in order to ensure that the best interest of the child is being represented throughout the decision making process. In February 2011 the Commission adopted the EU Agenda for the rights
of the child which addresses the protection of children in vulnerable
situations, including unaccompanied minors. Actions envisaged include promoting
the use of the Council of Europe Guidelines of 17 November 2010 on
child-friendly justice which also contains provisions on unaccompanied minors.
The Agenda also envisages supporting and encouraging the development of
training activities for judges and other professionals at European level
regarding the optimal participation of children, including unaccompanied
minors, in judicial systems. To support an exchange of best practices on care arrangements for UAMs and develop guidelines and common curricula and training. In March 2012, DG JUSTICE ran an internal pilot training course for
DG JUSTICE and DG HOME staff on the promotion of the Council of Europe
Guidelines on child-friendly justice, encompassing also the rights of
unaccompanied minors. In view of the success of the pilot, the Commission will
explore, together with the Council of Europe, how to better promote
child-friendly justice in the EU. On the basis of Article 5 of the Co-operation Arrangement between Frontex
and FRA, the FRA developed a fundamental rights training programme for Frontex
staff, which covers child protection with a focus on unaccompanied or separated
asylum-seeking children and survivors of torture and who need special
treatment. The aim is to enhance Frontex staff’s skills on child protection so
that they consider this in their projects and activities.
IV.2. Actions in EU Member
States
Most Member States' legal
frameworks cater for UAMs' reception and procedural guarantees, regardless
their migratory status, with the best interest of the child prevailing over other
considerations. In their contributions
to the mid-term report, Member States explained in great detail how they
provide these guarantees and procedures to be followed from the very moment the
minor is suspected to be isolated, granting the minor reception conditions, an interpreter,
separate lodging from adults, the appointment of a guardian who is to be
present in procedures, free legal advice, information to the child, education
and care. EL states that UAMs are kept in separate reception centres under the responsibility
of the Police department and are treated as children. Some Member States (DE,
ES, FR, IT or HU) gave information on the role played by the specific Minor
Prosecutor Office. In some Member States –
BE, DE, ES, FR, IT, NL, SE, UK - the responsible authorities for reception and
care are the state agencies and the regional or local authorities. In other Member
States, the responsible authorities are either responsible to the Ministries of
Labour or Social Welfare (CY, CZ[14]),
the Ministries of the Interior (BG, EL, HU) or the Asylum authorities (AT, BE,
FIN, IE, LT, MT or SI). Inter-ministerial
cooperation and involvement of NGOs was also mentioned by most Member States. Some Member States
provided specific information on procedures concerning missing person alerts in
the Schengen Information System for cases of UAMs absconding or disappearing
from care (DE, HU, LT, NL and PT) and use of the VIS database by competent
authorities dealing with minors (BE and SK). EL, IT and HU highlighted
that many of the activities concerning reception and care are funded by the
European Refugee Fund. Detailed information on Member States
activities Austria's Basic
Care Agreement makes specific provisions for the accomodation of UAMs. Austria's Asylum Act specifies that the legal advisor for unaccompanied minors must act as
their legal representative in the admission procedure and is required to attend
every interview at the initial reception centre and every hearing in the
admission procedure. The care of unaccompanied foreign minors also encompasses
a daily schedule adapted to their needs (education, free time, sport, group and
individual activities, household chores) and administrative issues relating to
the age, identity, origin and place of residence of family members to
facilitate family reunification and, where appropriate, developing an
integration plan and measures to implement schooling, training and activities
to prepare for entry into the labour market with the aim of developing
self-sufficiency. The Federal Asylum Office (BAA) is now carrying out a project,
implemented by the UNHCR, aimed at developing comprehensive, harmonised and
binding standards for dealing with unaccompanied minors who are seeking asylum
so better consideration can be given to the special needs of minors. Belgium deals
with minors through specific designated services. A guardian, a lawyer and, if
necessary, an interpreter are automatically assigned to an identified minor. A
24 hour running Guardianship Service is notified when a minor is found at the
border or within Belgian territory. Procedures are treated on a case by case
basis. The Federal Agency for Asylum coordinates UAMs who apply as asylum
seekers. The Agency and the Guardianship Service work together to ensure
adequate care and to identify a durable solution. The majority of UAMs are
accommodated in Federal Agency for the reception of asylum seekers (Fedasil) in
open centres, or by partners such the Red Cross and local authorities financed
by Fedasil. A limited number of UAM are accommodated by local authorities and
non-profit organisations financed through the European Refugee Fund. Since the end of 2005, Bulgaria has been applying a “Coordination mechanism
for referral and care of cases of unaccompanied children and children-victims
of trafficking returning from abroad”. If the minor has been given special
protection under the Law for Asylum and Refugees, the coordination mechanism is
applied accordingly and the “Migration” Directorate of the Ministry of Interior
issues a residence permit. The State Agency for Refugees and the National
Committee to Combat Human Trafficking are also notified. Until the durable
solution is found or the person reaches the age of 18, the Agency provides the
necessary material support, medical care and custody, legal assistance and representation
as well as access to free education in public schools. Minors are accompanied
by police officers who have at least two years professional experience. They
may be supported by pedagogues, psychologists, psychiatrists, translators,
health and social workers or others when the execution of the task requires. After
receiving protection, UAMs are accommodated in the specialized institutions for
raising and educating children without parental care. In Cyprus the Law provides for
the protection of UAMs who are under the competence of the Director of the
Social Welfare Services. An unaccompanied minor,
irrespective of his or her nationality, can enjoy all services applied for the
protection and well-being of the child. The best interest of the child is of
primary concern. The Social Welfare Services work in cooperation with all the
relevant stakeholders, such as the Ministry of Health, the Ministry of
Education and Culture, the Commissioner for Children’s Rights and others, for
the smooth integration of the minor into society. Reception measures and access to relevant
procedural guarantees apply from the moment an unaccompanied minor asylum
seeker is found. From the moment an UAM asks for asylum, the competent
authority informs the Commissioner for the Protection of Children's Rights so
that action can be taken as soon as possible. The Director of the Department of
Social Welfare Services is also informed in order to act as a guardian of the UAM
and to take all measures necessary on the minor’s behalf and in his or her best
interest. In the Czech Republic, all requirements arising from the
asylum directives have been transposed into the law and are implemented in
practice. In 24 hours from the first contact with UAM the court decision about
the UAM´s stay is issued and the child is acommodated in a special child care
facility. A legal guardian is appointed from an NGOs if the UAM applies for
asylum. The guardian has to be present in each legal act with the UAM. Currently, changes in UAMs accommodation system are being discussed.
While today almost all the UAMs with the foreign background are accommodated in
the special Center for children-foreigners, according to the new concept
individual planning based on individual needs and abilities should prevail and
children will be placed in all kinds of childcare centers, ideally together
with the children of Czech citizenship and language. The Czech Republic expects better integration of such children and profit for both side of the society. Denmark has set up specific procedures for unaccompanied minors asylum
seekers, who are accomodated in special facilities for minors. A personal
representative is appointed upon recommendation of the Red Cross to assist the
minor throughout the asylum procedure. During the appeals procedure, or if the
case is processed under the manifestly unfounded procedure, the Danish
Immigration Service appoints an attorney to represent the minor. The Danish
Action Plan for the prevention of Human trafficking also focuses on trafficking
of minors. Estonia reports to have been neither a country of destination nor a country
of transit for unaccompanied children, thus lacking experience on receiving
unaccompanied children. However, its legal framework offers reception and
procedural guarantees to UAMs and specifies their rights and obligations. According to the Finnish Government
Programme, adopted in June 2011, the detention of
unaccompanied minor asylum seekers will be prohibited and the Government
Proposal on the matter will be submitted to Parliament in autumn 2012 at the
latest. Under the provisions of the Act the
Reception of Persons applying for International Protection (746/2011) which
came into force on 1 September 2011, unaccompanied minor asylum applicants are
placed in special accommodation separate from adult asylum applicants. A
representative will be appointed without delay if the child is staying in Finland without a guardian or other legal representative and it is required that this
representative submits an extract of his/her criminal record to the District
Court. The representative exercises the right of the guardian to be heard in
matters concerning the child. The representative is not responsible for the
daily care, upbringing or other care of the child. Since the beginning of 2010
the Finnish Immigration Service has been responsible for the training of
representatives at national level. In France, the legislation on
entry and stay of foreigners and on the right to asylum stipulates that a minor
cannot be required to have a residence permit. An unaccompanied minor cannot be
made to leave the territory and cannot be subjected to forced removal. Since the introduction of the law on
child protection of 5 March 2007, UAMs are placed into the local social
services reception and care. A special unit deals with minors. A first check on
actual isolation and age is undertaken and the minor's history is written down.
An ad-hoc administrator is designated to
represent the unaccompanied minors who apply for asylum during the entire
course of the procedure. This administrator participates in all interviews
conducted as part of the procedure. Germany's legislation has given legal recognition to the particular need to
protect refugees who are unaccompanied minors and has introduced the duty for the
youth welfare authorities to take care of UAMs if there is the child is
unaccompanied. The care of unaccompanied minors is provided at the local
government level. Greece provides information on the different accommodation
centres for unaccompanied minors currently active in the country and funded
under the European Refugee Fund's annual programme. Social, medical care,
education and psychological support are provided to UAMs. In addition,
reception centres for unaccompanied minors are being set up to provide legal
and social support, funded either by the European Refugee Fund or exclusively
from the state budget. The Greek Ministry of Citizen Protection
is planning to sign a Memorandum of Understanding with the International
Committee of the Red Cross, with the aim of providing care to unaccompanied
foreign minors entering Greece in a context of mutual understanding and care. In Ireland the Refugee Act 1996 provides
that where it appears to an immigration officer or an authorised officer that a
child under the age of 18 years, who has either arrived at the frontiers of the
State or has entered the State, is not in the custody of any person, the
officer shall, as soon as practicable, inform the Health Service Executive
(HSE). The provisions of the Child Care Act 1991 apply in relation to the
child. The purpose the Refugee Act 1996, as amended, is twofold: to ensure the
protection of unaccompanied minors by bringing them to the attention of the
relevant statutory body in the State and, to enable them to make an asylum
application via the Health Service Executive if deemed appropriate by that
body. The services provided include multi-disciplinary assessment of need
resulting in an individual Care Plan, the implementation of which is overseen by
a Social Worker. Concerning asylum seeking, the Office of the Refugee Applications
Commissioner (first instance determining body) has put in place guidelines in
relation to the determination of applications from unaccompanied minors which
take into consideration any specific factors and circumstances arising in such
cases. In developing these guidelines, account was taken of past experience,
UNHCR guidelines and advice and the EU Children First Programme. A group of experienced interviewers has received additional
specialised training to assist in cases involving unaccompanied minors. In the
interests of adopting a multi-agency approach, this training programme is also
attended by the Health Service Executive, Refugee Appeals Tribunal and the
Refugee Legal Service. In Italy migration of UAMs is regulated by the Legislative Decree and Unified Text
Containing the Measures Governing Immigration, prohibiting expulsion and
rejection of foreign minors; and defining measures regarding minors placed in
foster care once they come of age and the establishment of the Committee for
Foreign Minors, an inter-ministerial body whose responsibilities are regulated
by Decree issued by the Prime Minister. Municipalities are in charge of minor
tutorship and housing and minor host institutions have to be registered by the
Region. Municipalities have developed a network of comprehensive services of
social assistance for minors (housing, health care, education, integration
activities, etc…). In Hungary both the legislation on asylum and the
legislation on the entry and stay of third-country nationals in Hungary contain provisions aiming to ensure that a decision is made on the future of each
unaccompanied minor within a reasonable time period. Hungarian legislation provides an additional procedural
guarantee protecting the interests of unaccompanied minors in both the
immigration control procedure and the asylum procedure: unaccompanied minors
are provided with a case guardian who is appointed by the child protection
service. The only exception to the provision of a case guardian applies in cases
of asylum seeker unaccompanied minors who are likely to become adult before the
refugee authority would take an in-merit decision regarding their case. Unaccompanied minors can only be interviewed in the presence of
their case guardian and cannot be held in administrative detention. Since
September 2011 they have been accommodated in a specialised facility for child
protection. In 2010 and 2011 the Ministry of Interior financed two projects
with the aim of ensuring special services appropriate for the needs of
unaccompanied minors with the help of the European Refugee Fund. At the end of
December 2011 the number of asylum seeker children accommodated at the specialized
facility for unaccompanied minor asylum seekers was 17. Minors who have been
victims of rape, serious neglect, exploitation, torture or cruel, inhuman or
degrading treatment or who have suffered trauma during armed conflicts receive
the appropriate rehabilitation, mental care and qualified counselling. The disappearance of unaccompanied minors during the refugee status
determination procedure is a common phenomenon. In order to combat the
disappearance of unaccompanied minors in care of the Hungarian authorities all
child care institutions have an obligation to report the disappearance of a
child in their care to the Police. The Police then declare the child a missing
person and enters his/her data on the watch list resulting in the information
to be forwarded to the Schengen Information System. Lithuania's Law establishes a set of rights
for unaccompanied foreign minors: the right to education, free access to the
necessary medical care, social services, legal assistance guaranteed by the
State, etc. Under the Law, minors are classified as a vulnerable group. An
unaccompanied minor who has applied for asylum may not be refused entry into
the territory of the Republic of Lithuania even if he/she arrived from a safe
third country. In the event of submission of a manifestly unfounded asylum
application or arrival from a safe country of origin, unaccompanied minors are
not subject to fast‑track processing (where processing may not take more than
seven days). Regardless of the legality of their stay in the territory of the Republic of Lithuania, unaccompanied minors are taken into temporary guardianship/care
for the period of their stay, and the interests of the unaccompanied minor are
represented by a temporary guardian/carer. Unaccompanied minors are given
accommodation at the Refugee Reception Centre run by the Ministry of Social
Security and Labour, with personnel and facilities which take into account the
needs of persons of their age. Their safety is guaranteed. Unaccompanied minors who have applied for asylum may be detained
only as a last resort. The asylum hearing of an unaccompanied minor is attended
by the minor’s guardian/carer or, where no guardian/carer has yet been
designated, by an employee of the children’s rights protection service and/or a
lawyer. The hearing is usually conducted with an interpreter, who, through the
use of video conference equipment, may also be from another Member State. Lithuania receives only a few applications from unaccompanied minors each year,
so hearings are conducted by the most experienced staff that has been trained
in Lithuania and abroad to work with unaccompanied minor asylum applicants. Malta's
Office of the Refugee Commissioner is responsible for evaluating applications
for international protection. Each
individual entering Malta, legally or illegally, has the right to request
international protection. Information
is provided in the form of printed materials and audio-visual presentations
produced by the Office of the Refugee Commissioner in thirteen different
languages. At this early stage
the Office of the Refugee Commissioner can identify vulnerable persons such as
unaccompanied minors. The registration form asks third country nationals to provide basic
details, including their date of birth. The Office of the Refugee Commissioner uses this form to determine
whether any of the asylum seekers claim to be under the age of 18. The Office refers such cases to the
Standards Director for Social Protection and to the Agency for the Welfare of
Asylum Seekers (AWAS). The
latter is responsible for assessing ages. The Office of the Refugee Commissioner is informed when the AWAS has
reached a decision concerning the age of the applicant.
The Office of the Refugee Commissioner proceeds with
the applications of those determined to be unaccompanied minors only once a
Care Order is issued and a representative or guardian is appointed. Additional safeguard procedures have been introduced with regard to
unaccompanied minors so that no later than thirty days from the issue of the
care order, the guardian is obliged to inform the minor about the meaning and
consequences of the asylum procedure and, where appropriate, help him to
prepare for the interview. As a rule, the unaccompanied minor is not placed in detention, other
than for a very short period until the medical tests are carried out. Following the tests, an (interim) care
order is issued until the applicant’s age can be determined outside the
detention centre, where necessary. In other cases, where it is difficult to
determine whether or not an immigrant is an unaccompanied minor, the immigrant
is housed in the detention centre with the other immigrants depending on
his/her gender, until a decision is taken by the AWAS concerning his/her age. Malta made legislative amendments in 2010 to the Criminal Code (Cap.
9) including provisions protecting minors. From 2011, a project is being
implemented with funding from the European Refugee Fund to refurbish a centre
for minors and to carry out more socio-educational activities by recruiting educators
to work with these young people. The Netherlands' asylum procedure has
included a ‘rest and preparation period’ during which the asylum seeker is
prepared for the procedure since mid-2010. The minimum preparation period for
unaccompanied minors is longer than for other asylum seekers because of their
special situation and because there are more activities planned for them during
this period, such as getting to know their guardian and, in some cases, an
investigation to establish their age. The Netherlands has different types of
accommodation for unaccompanied minors of different ages and level of
independence. The revision of the policy on unaccompanied minors (presented by the
Minister of Immigration, Integration and Asylum in 2012) places more emphasis
on the role of the guardian; the policy also explicitly states that guardians
can express their views on the minor's interests at any stage of the procedure,
in agreement with the lawyer. Unaccompanied minors who go missing or disappear from accommodation
and whose details are passed on by the local police will be listed as missing
in SIS so that efforts can be made to establish their whereabouts, following
the Schengen Agreement Convention. Poland's Alien Act
of 13 June 2003 as amended in 2009 sets procedures on unaccompanied minors and
foreigners whose psychophysical condition gives rise to the presumption that
they have been subjected to violence or are disabled. The authority accepting
the application for refugee status, submitted by the unaccompanied minor,
immediately applies to the guardianship court for the appointment of a guardian
to represent the minor in proceedings for granting them refugee status and
their placement in an institution of care and education. Until the guardianship
court issues a decision, the unaccompanied minor stays with a professional
foster family, unrelated to the child, acting as an emergency family, or in an
institution of care and education. Before being interviewed, the minor is instructed about the factual
and legal circumstances which may have an impact on the result of proceedings
regarding refugee status and about the possibility of requesting that the
interview be carried out in the presence of an adult selected by the minor. The
interview is carried out in a language understood by the unaccompanied minor,
in a manner appropriate with respect to their age, maturity and mental
development and taking into account the possibility that they may have limited
knowledge of the actual situation in their country of origin. The unaccompanied
minor is interviewed in the presence of a guardian; the adult selected by the
minor, provided that this will not impede the proceedings; and a psychologist
or educator who prepares the opinion on the minor’s psychophysical condition.
Moreover, the unaccompanied minor is entitled to use free-of-charge legal
support, both in first and second instance proceedings. The Polish National Contact Point at the European Migration Network,
located at the Ministry of Interior, has been disseminating knowledge about the
issue of unaccompanied minors, inter alia, by distributing a report
prepared by the European Migration Network: ‘Unaccompanied Minors — an EU
comparative study’, both during domestic meetings and international
conferences. The Border Guard authority was the beneficiary of the project
carried out by the Nobody’s Children Foundation, entitled ‘Information and
education campaign about threats to children and youth posed by commercial
sexual abuse, child prostitution or trafficking in human beings during EURO
2012 championship’. The Chief Commander of the Border Guard holds honorary
patronage over this campaign. According to the project’s provisions, the Border
Guard participated in propagating information addressed to the general public
concerning the commercial abuse of children and youth (in particular in the
aspect of sexual abuse and so-called ‘sponsoring’), in particular during the
EURO 2012 European Football Championship. The above-mentioned initiatives took place in cities where football
games were taking place during EURO 2012 (i.e. Warsaw, Wrocław, Gdańsk, and Poznań). These workshops were targeted, in particular, at the identification
of potential victims who are minors, including the abuse of minors in the scope
of trafficking in human beings. The workshops were attended by the so-called
‘first-line’ officers who have contact with society on an everyday basis as a
part of their official duties. Plans for 2012 provide for more training
sessions, including those for Border Guard coordinators for preventing and
combating trafficking in human beings, located at all organisational units of
the Border Guard. Portugal's admission procedures for
accompanied/unaccompanied minors are laid out in Law 23/2007 of 4 July 2007 and,
where applicable, in Law 27/2008 of 30 June 2008 (asylum). In addition to the
general requirements, the national border posts carry out procedures that are
specifically aimed at the movement of minors in and out of the country. The
border guards can access an internal portal that contains legislation and
various documents that should be consulted, mainly the European Commission's
Action Plan 2010-2014 regarding unaccompanied minors, as well as Frontex
Guidelines regarding preventing, combating and protecting against child
trafficking. When minors enter or leave the country, their best interests are
taken into account and all the necessary and appropriate conditions are created
for their protection and/or assistance, in the light of their age and
individual circumstances. The procedures also establish that experts may be called on to
report on specific questions, in particular of a medical or cultural nature.
Rights and protection of any category of children and young people at risk, in
such a way as to guarantee their well-being and overall development are also
recognized by Law. The protection of these children falls to the entities
responsible for children and young people, the Immigration Service, the
Commissions for the Protection of Children and Young People, the public
prosecution authorities, the courts and the Portuguese Council for Refugees.
Owing to the small number of such cases in Portugal, it is possible to monitor
these minors closely. In accordance with Portuguese law, minors who are third-country nationals
cannot be detained for breaking the laws applicable to foreigners who enter and
remain in the country. The law facilitates the regularisation of minors found
to be in an irregular situation on national territory, without prejudice to
national or international measures to identify the holders of parental
responsibility, or to grant guardianship or have recourse to voluntary
repatriation programmes. Unaccompanied minors have full access to health care
and pre-school and school education with the same rights and guarantees that
are granted to minors in Portugal. Portugal also reports of a refugee children support centre that was
opened in a neighbourhood of Lisbon with the joint efforts of the Municipality
of Lisbon and a private company. In Romania, the best interest of the child is a basic principle both in the asylum procedure and in the
context of minors taken into
public custody pending removal. Request for asylum from unaccompanied minors are given priority in the
asylum system. The Romanian
Immigration Office shall ensure the
appointment, in the shortest
time, of a legal representative to assist the unaccompanied
minor asylum seeker during
the asylum procedure. The legal
representative and the unaccompanied
minor asylum seeker are informed in a language which
the latter knows, about the
possibility of performing a medical
examination to determine his/her age.
Asylum seekers benefit from the confidentiality
of all data and information about their case. Interview with unaccompanied minors shall be performed by decision officers specialized in this field, which
will take into account the special situation of these people. Asylum seekers are provided, free of charge, an interpreter throughout the asylum procedure. The unaccompanied minor can be assisted by a lawyer or a legal counselor from an NGO or UNHCR, according to the
national asylum legislation. Minor asylum seekers are entitled to have access to compulsory
education under the same conditions
as Romanian minors. To facilitate
their access to the Romanian education
system, minor asylum seekers receive
free of charge, during a school year,
a preparatory language course for the entry into the national
education system. In case the application of an
unaccompanied minor for granting protection is rejected by a final and
irrevocable decision, the General Direction for Social Assistance and Child
Protection implements the actions foreseen by the law in order to establish a
measure of protection for the latter, requesting in this respect the courts to
establish the placement of the child in a special protection service. The
measure of protection lasts until the return of the child to the country of
residence of the parents or to the country where other members of the family
have been identified as willing to receive the child authority. In the Slovak Republic, the police takes the appropriate
measures concerning unaccompanied minors through its border and aliens
departments (identification, emergency healthcare where necessary,
investigation of the facts and the reasons for crossing the State border,
informing the competent bodies that an unaccompanied minor has entered Slovak
territory, issue of unaccompanied minors' residence permits and assistance with
returns) and collaborates with the competent authorities and specialist
civil-society organisations (Office of Labour, Social Affairs and Family,
International Organisation for Migration in the Slovak Republic, Human Rights
League). The Act on the social and legal protection of children and social care
specifies procedures to take. If the minor has no legal representative or the
legal representative cannot represent him or she in proceedings, the court
appoints a guardian for the minor immediately after taking an interim measure.
In urgent cases, continuous assistance for the child is provided by duty
officers of the social and legal protection of children and social care
authority. UAMs have the same rights as every other
child who is a citizen of the Slovak Republic. Elementary language preparation is
carried out in the Children´s Home (specialized Slovak Language text books).
Further education is provided by the Academy of Education. The Children´s Home
for UAM is obliged to find out, if possible according to child´s age and mental
development, the child´s perspective on all factors affecting him/her
(relocation, family reunification, return to the country of origin, asylum). Slovenia's
International Protection Act provides that, in the case of proceedings with an
unaccompanied minor applicant for international protection, it is necessary to
abide by the principle of the child's best interests. The first step is to
establish the minor's identity and launch the process of looking for parents as
soon as possible, to treat the application as a priority and to grant the child
a legal representative who will represent him/her in the procedure for granting
international protection and protect his/her rights in the area of health and
education. The Act also stipulates that unaccompanied minors must receive an
oral explanation of the information on rights and duties in the procedure in a
language that they understand, and that this explanation must be provided in
way that is adapted to their age and level of mental development. When an unaccompanied minor who expresses
the intention to submit an application for international protection arrives at
the Asylum Centre, he/she is housed in the reception premises intended for
unaccompanied minors and subsequently in the accommodation section of the
Asylum Centre intended for unaccompanied minors. At the same time, in the case of unaccompanied minors to whom
international protection has been granted, the law provides that it is
necessary to take into account the child best interest and immediately after
the status has been granted appoint him a legal representative. They have the
right to live with adult relatives or a foster family or to reside in suitable
accommodation for minors. To this end, the Ministry of the Interior has renovated the ground
floor of the Integration House in Ljubljana, which is now used exclusively to
house unaccompanied minors. In October 2010, Slovenia set up an
interdepartmental working party on unaccompanied minors, including
representatives of the Ministry of the Interior, the Ministry of Education and
Sport and the Ministry of Labour, Family and Social Affairs and a
representative of non-governmental organisations. In 2011 the intergovernmental working party completed its
examination and assessment of the current situation with regard to
unaccompanied minors in Slovenia, and in 2012 guidelines and proposals for
comprehensive, systematic provision of suitable protection, care and assistance
to unaccompanied minors will be prepared. Spain amended substantially its Alien
Constitutional Law at the end of 2009 and then in April 2011 the Implementing
Regulation of this important law, among other reasons to introduce new
substantive and detailed procedures on minors' return. Protection of minors who
are victims of trafficking is also covered. Reception, protection and
procedures are also determined by the Law. The Asylum Law of 2009 establishes that unaccompanied minors seeking
international protection will be sent to the departments responsible for child
protection and this shall be reported to the Public Prosecutor. Measures shall be
taken immediately to ensure that the representative of the minor, appointed in
accordance with current legislation on protection of minors, will act on behalf
of the unaccompanied minor and assist him in examining the international
protection application. In Sweden a guardian ad litem
is appointed for every unaccompanied minor, regardless of whether he or she
claims asylum and this is initiated as soon as a minor is identified as
unaccompanied. In general, an initial interview is held
when an asylum application is lodged at the Migration Board. The municipalities are responsible for providing housing and care
to unaccompanied minors. A staff of eight or nine
therapists or counsellors and a director are assigned for each 10-15 housing
places, called "homes for care", with one employee who stays
overnight at the facility. The Swedish Social Welfare Board may decide on
placement in a foster family, previously assessed. According
to the Swedish system, the only ground for detaining children or families with
children is related to return procedures. Children are never detained for
border security or immigration purposes, or in other premises than the Swedish
Migration Board’s detention centers. The United Kingdom complies with this
Action Plan by considering the best interests of the child whenever a case is
subject to review or when an immigration decision is taken. The UK Border
Agency deals with asylum applications from children in a prompt and appropriate
manner ensuring that their best interests are considered throughout. In cases
where applications for asylum are not successful, unaccompanied children are
granted discretionary leave which can ultimately last until they are 17 and a
half. This then enables them to submit a further application and have
that decided promptly so that when they are 18, there is clarity around their
status in the UK. The Government’s new Missing Children and Adults Strategy provides a
core framework for local areas to put in place better arrangements to prevent
children and adults going missing and provides a core framework of objectives
for local agencies to review the arrangements they have in place and consider
whether they can and should be doing more.
IV. 3. Age assessment and family
tracing
IV.3.1. Actions at the EU level
The Commission will issue best Practice Guidelines, in collaboration with scientific and legal experts and in cooperation with European Asylum Support Office who will prepare technical documents on age assessment. European Asylum Support Office is invited to organise training activities on age assessment, prepare a module within the European Asylum Curriculum and a best practice handbook.
Belgian Presidency seminar 'Unaccompanied Minors: children
crossing the external borders of the EU in search of protection', 9 – 10
December 2010, Brussels. The conference was co-financed by the Commission
(EBF) and was focussed on age assessment and protection of children from
the first encounter.
A background discussion paper had been
prepared 'Identification of Unaccompanied and Separated Children: Exploring Age
Assessment Challenges' and the conference resulted in Recommendations
(Recommendation no 7 and 13 of the Recommendations on Child Protection
Safeguards at the Border and on First Encounter; and Recommendation no 2 on
Recommendations on Potential Transnational Actions concerning Border Crossings contribute
to the Implementation of the EU Action Plan on Unaccompanied Minors)
The 2012 Work Programme includes a section on the activities
EASO is expected to carry out in the context of the implementation of the
Action Plan on Unaccompanied Minors (2010-2014) and lists, among
objectives for 2012, the following:
o deliver technical documentation on age assessment. Start developing
training activities and handbook on age assessment; o set-up working group on age assessment (5-10 members) with 4
meetings in 2012; o organise 4 expert meetings (Member States, EC, UNHCR, and other
relevant partners) on UM, best practices and age assessment. o In March 2012, EASO commissioned a questionnaire to consult with
wider civil society, including legal experts, academics, NGOs and others about
their views on age assessment. This research will contribute to informing
future discussions, identifying key areas for consideration and developing
documents and guidance on age assessment. o Expert meetings on interviewing techniques & methods, use of x-ray/medical
evidence, legal aspects & roles of the courts & judiciary due to be
held from July 2012 onwards will involve contributions from relevant experts.
The outcome of these meetings will also contribute to the development of future
training materials and guidance on age assessment. o The budget allocated to the tasks is 290 000 euro.
During 2011 EASO updated the EAC ‘Interviewing Children’
module. This module addresses training needs of asylum officials so that
they are equipped to consider complex issues of gender, trauma and age; it
also ensures that interviews with minors are conducted in a child-friendly
manner.
In July 2012 an expert meeting on Interviewing techniques &
methods was held. As part of the expert meeting, participants (including
experts in the field of asylum) were invited to take part in and feedback
on the EAC module, ‘interviewing children.’ The outcome of which will be
used as a basis for identifying future development of the module as well
as other training needs relating to Unaccompanied Minors.
In November 2012 an expert meeting concentrating on the
identification of good practice and the way forward for age assessment
will take place. The outcome of these meetings will contribute to the
development of future training materials and guidance on age assessment.
Member States should use the Visa Information System (VIS), once operational, to verify the identity of an unaccompanied minor if he/she is registered and under the conditions of Article 19 of the VIS Regulation. Visa information System went life on 11 October 2011. The Commission will support Member States in mutual assistance in family tracing in countries where one Member State has established functioning networks for this purpose. The Commission will promote a common approach (i.e. best practice guidelines) to age assessment and family tracing including on how to address these issues in the context of appeals. An expert group meeting took place in March 2012.
Meeting of the Expert Group on Unaccompanied Minors on family
tracing:
On 26 March 2012 the Commission organised the
second meeting of the expert group on unaccompanied minors devoted to the issue
of family tracing. The meeting was attended by the representatives of the
Member States, international and non-governmental organisations and EU
institutions. It was concluded that without involvement of countries of origin,
families, legal guardians or appropriate minor caring entities, family links
cannot be restored and minors cannot be returned to a safe environment. Spain and France presented how they cooperate with countries of origin and Italy explained how tracing is carried out by IOM. Despite Member States' divergent approaches to
family tracing, some rules and practices developed at national level could be
usefully shared among Member States. It was therefore proposed that a
questionnaire would be drawn up to catalogue the information and share best
practice on family tracing.
Under the Return Fund Community Actions 2009, a project led by
Swedish Migration Board (in partnership with NL, NO, UK) called European
Return Platform for Unaccompanied Minors (ERPUM) addresses (among other
issues) the issue of tracing parents/guardians, notably through
establishing tracing contact points. The project started in January 2011
with duration of 18 months.
The 2011 Work Programme of the Return Fund called, amongst other
things, for projects concerning family tracing, monitoring of returned
minors and reception centres for returned UAMs.
IV.3.2. Actions in EU Member States
According to replies received, age assessment procedures are being
carried out in most Member States, with the exception of BG. These procedures
follow similar technical protocols, in which full explanation is provided to
the minor and guardian and legal services are duly informed. When doubt
persists the adolescent is declared a minor, as reported by BE, ES, FR, IE and
IT. If the adolescent refuses to undergo testing, then CZ, FI, LT, NL, PT, RO
and SK would declare him an adult. As for family tracing 15 Member States report practice in the field
– AU, BE, DE, EE, EL, ES, FI, IT, HU, LT, NL, PL, RO, SE, SI and UK. All of
them report on the difficulties encountered in countries of origin. BE, ES, IT,
HU, LT, NL and PL explain procedures on consular cooperation and international
legal assistance for tracing the minor's relatives. AU, BE, DE, FI, IT, HU, LT,
NL, PL, RO and SI rely on cooperation with International Organizations and NGOs
working in the field, mainly IOM and the Red Cross. PL and SE have developed
guidelines for family tracing, AU is working on common standards and ES and Morocco have drafted a common protocol to be followed to trace families. Detailed information from Member State reporting The Austrian
Federal Ministry for the Interior has developed best practice guidelines on age
assessment. According to the Asylum Act, in cases of doubt an age diagnosis
should be made before starting other aspects of the asylum processes and to the
best interest of the child. When unaccompanied minors undergo an age
determination, they are informed in a languge they understand. They are provided
with information about the doubts concerning their age, the applicable method
and the consequences if they refuse to undergo the medical examination. The age
assessment is conducted by experts i.e. Ludwig Boltzmann Institute of Forensic
Medicine. If there is still doubt after the age assessment has been conducted
the person is treated as a minor (“In dubio pro minore”). As regards family
tracing, a project on support for asylum procedures for unaccompanied minors is
developping standards elaborated in an earlier project. The project aims to
promote further training of the legal advisors, workshops with the locally
competent youth welfare offices, and to develop quality standards for
interpreters. A brochure specially designed for children shall be developed for
better information of UAMs about their rights and obligations in asylum
procedures. Furthermore, there should be a desk review of procedures in
selected EU Member States to inform the development of recommendations on
family tracing in Austria. Belgium's legal framework caters for age determination and the corresponding
procedures and tests, informing the minor and his guardian on the different
steps to be taken. Only in case of doubt concerning the age, concerning the
age, a medical examination is carried out consisting of a general examination
and three radiographs (wrist, collar bone and teeth) to determine the age and the
youngest age is taken into consideration. The guardianship service is
responsible for age determination and the Alien Office reports to this service
when a suspected minor has been identified and doubts were raised concerning
his declared age. Concerning family tracing, the guardian is responsible provided
that the UAM agreed to initiate tracing. The Alien Office and the Consular
posts abroad cooperate jointly in the matter. In Cyprus, in case of use of medical examinations,
the Refugee Laws 2000-2009 provides that the Asylum Service should ensure that
the unaccompanied minor is informed prior to the examination of his application,
and in a language which he can reasonably be expected to understand. Also the
Asylum Service ensures that the unaccompanied minor and/ or his representative
consent to carry out an examination to determine the age of the unaccompanied
minor. The Social Welfare Services cooperate with the International
Social Services where applicable, for tracing the parents of the unaccompanied
minor and where possible achieve family reunification. In the Czech Republic age assessment procedure can be demanded
by the Ministry of the Interior (in asylum procedure), by the police, by the
director of a child care facility and by the court. There
is only an x-ray of a wrist taken, no other methods are used. The age assessing
statement is carried out by an anthropologic and a pediatric doctor. On that
basis the police, Ministry of the Interior or the court can decide if a person
is under or over 18 years of age. Final decision depends on the certainty of
the assessment. When there are doubts, the authorities decide in the benefit of
the person concerned (in dubio pro reo). In the asylum procedure if a medical
examination is refused, the applicant is regarded to be of legal age (adult).
There were 3 age assessments in asylum process made in the beginning of the
year 2012, all of these asylum seekers were assessed as adults. In Denmark age assessment is
conducted by the Institute of Forensic Medicine, under the presence of the
minor's guardian and procedures and legal guarantees are catered for in
relevant Danish legislation. The latest figures from the National Police show
that in 2010, 166 out of 246 persons assessed were determined to be above 18
years. Decisions can be appealed and lodged at the Ministry of Justice. Family tracing is launched by the Danish
Immigration Service and if the minor agrees to it. The search services of the
International Red Cross may be used. The Estonian Police and Border Guard Board require age
assessment to be carried out only when there are doubts as to whether the
person concerned is a minor. Assessments are carried out by the Estonian
Forensic Science Institute. With regard to tracing the family of unaccompanied
minors, Estonian authorities cooperate with the Estonian Red Cross. In Finland the provisions on medical age assessment in the
Aliens Act (301/2004) came into force on 1 August 2010. A medical age
assessment may be carried out to establish the age of a sponsor or an alien
applying for a residence permit if there are reasonable grounds for suspecting
the reliability of the information the person has given on his or her age. The
examination requires the consent in writing of the person to be tested and
his/her parent/guardian/other legal representative. Anyone who refuses to
undergo an examination is treated as an adult if there are no reasonable
grounds for refusal. In 2007, the Finnish Immigration Service signed
a cooperation agreement with International Social Service regarding family
tracing. Tracing is a lengthy process and has not given many results; very few
guardians of unaccompanied minors have been traced. In 2010, the Finnish
Immigration Service received 5 reports in response to 18 requests. In 2011, 19
requests for tracing were sent: in 6 cases guardians were traced, and in 13 cases
guardians were not traced or tracing was discontinued. In France local authorities follow their procedures, so no
single procedure is followed at national level. However, there are some common
steps: document determination, interviews and if doubts arise on minor's age,
intervention of the judiciary for medical age determination. In case of doubt,
minors will be considered as such. In Germany a
medical age examination is possible if the competent aliens office decides so.
Within asylum procedures the Federal Office for Migration and Refugees may use
those or other age assessments if they seem to be plausible. Else the Federal
Office may perform an age assessment by an experienced and specially trained
staff member who talks to the applicant and tries to form an opinion, whether
the applicant has the looks and the behaviour of an adult or not. If there is
reasonable doubt that the applicant concerned is an adult, he will be treated
as a minor. The local authorities cooperate with the
UNHCR or the search services of the International Red Cross for tracing the
parents of the unaccompanied minor. In Greece the competent screening authorities can use medical examinations for age
determination. In this case, care is taken so that unaccompanied minors are
informed, before their application is examined. The information is provided in
a language UAMs understand and concerns the method used and the consequences of
refusal to undergo the medical examination. The decision to reject an
application for asylum from an unaccompanied minor who has refused to undergo
medical examination cannot be based solely on that refusal and until the
medical examination has been completed; the person who claims to be a minor
shall correspondingly be treated as a minor. With regard to family tracing, the competent Public Prosecutor takes
necessary steps to determine the identity and nationality of the foreign minor
and to find the minor's family. In Ireland, the Office of the
Refugee Applications Commissioner (ORAC) does not undertake formal age
assessment but does form opinions as to the age of applicants who may or may
not be under 18 years. This is usually done after consultation with the Health
Service Executive (HSE). The current procedure in place in ORAC is where there
is a doubt that the person in question is actually under 18 as claimed; an
authorised officer will talk to the individual to try to form a reasonable
opinion as to whether the person is under or over 18 years old. The procedure
involves an informal interview carried out by an experienced staff member, with
the assistance of an interpreter if required. If there is any doubt, a fairly
wide benefit is of course given in favour of the applicant and they are
referred to the HSE as being under 18. The process tends to be difficult as the
majority of asylum applicants provide no satisfactory documentary evidence of
their stated name, nationality, age or how they travelled to the State. The
ORAC policy is to follow the views of the HSE regarding the age of the person
concerned. Italy's Public Security authorities are in charge of identification of
unaccompanied foreign minors, working in collaboration with the consular and
diplomatic representatives of the country of origin of the minor. Guidelines
containing requirements have been elaborated by responsible administrations,
ANCI (National Association of Italian Municipalities) and Save the
Children-Italy NGO, in order to improve age assessment procedures of
unaccompanied foreign minors. The guidelines are based on the international
provisions aiming at protecting rights of minors. The experience of the last
months with regard to the North Africa Emergency showed the presence of a lot
of young people, clearly adults, who declared to be minors and whose presence
represents a risk for real minors hosted in dedicated structures. The Committee for Foreign Minors is in charge of family tracing in
the country of origin of unaccompanied foreign minors. Such a body is
responsible for starting family investigations in collaboration with IOM which
supports family tracing and gives useful information to understand context of
origin of the minor. Through interviews and meetings with the family, IOM
defines family and local background for each minor in order to be able to give
to Municipalities, responsible social assistants and operators the required
information on the family history and reasons for migrating and evaluate
possible chances of reintegration in the country of origin, based on the
sustainability of the action and on the best interest of the minor. In Hungary the age of unaccompanied minors who are not
asylum seekers and the age of asylum seekers who apply for asylum are
determined by a medical expert where there are doubts about their age. When
there is still doubt about the age of the person following this determination
the person is considered to be a minor. Since September 2011, a complex age assessment procedure
has been put in place for asylum seekers who claim to be minors, if the minor
status is disputed by the refugee authority. The complex age assessment usually
includes an anthropological assessment, as well as a dental and an x-ray
examination and is conducted by qualified medical professionals. The new
practice allows for a more holistic approach, a faster examination and also
makes age assessment examinations uniform for all asylum seekers. A margin of
error is envisaged for each examination applied, therefore if the results of
the examination (a range of years, such as 17-19) include the minor age, the
person is considered to be a minor. There is no separate legal remedy against
the decision determining the age of the applicant but this decision can be
challenged together with the decision taken on the merits of the application. It is the obligation of the refugee authority to take action to
trace the person responsible for the unaccompanied minor with the exception
where it can be presumed that there is conflict of interest between the person
responsible for the minor and the minor or, if tracing the person responsible
for the minor is in the best interests of the child. In practice this tracing
is usually conducted by the Hungarian Red Cross on the basis of the data
provided by the minor. In certain cases other Member States and the authorities
of third countries can also be contacted in the framework of international
legal assistance. In Lithuania, in case of reasonable doubt concerning
the minor's age, the Migration Department under the Ministry of the Interior
may take the decision to have the age assessed. Age assessment of an
unaccompanied minor is carried out only with the consent of the asylum
applicant or his/her guardian. If the asylum applicant refuses to undergo an
assessment without a valid reason, other data are assessed. Upon receiving information about an unaccompanied minor asylum applicant,
the Migration Department must work together with representatives of Lithuanian
non-governmental or international organisations and the unaccompanied minor’s
temporary guardian/carer to organise immediate tracing of his/her family
members in order to locate them or their close relatives, unless this is
contrary to the child’s interests. In 2011, Malta improved the age assessment system by introducing
the possibility of issuing interim care orders as well as definitive care
orders enabling the minors to be removed from the closed centres as quickly as
possible, even if further investigations concerning their age are necessary. There
is also a pilot project - Sparklet (Supporting Closed and Open Centres through
Profiling, Action Research and Knowledge Transfer) – which partially focuses on
tracing of the families of unaccompanied minors. This project is co-financed by the European Refugee Fund. In The Netherlands age assessment is
carried out if UAMs cannot produce documents to prove their identity and if
there are doubts about the stated minority. X-rays of wrist and collarbones are
used to determine bone age and conclude whether the foreign national is
definitely over the age of majority or it is likely that he or she is a minor. The
procedure is described in a Protocol. If the UAM, who is offered an age
assessment because there are doubts about his minority, refuses the assessment,
he is considered an adult. Age assessment is monitored by an independent
committee which in April 2012 has published a report of its findings and
recommendations. Overall, the committee concludes that the method used in the Netherlands, and the way it is applied, is scientifically correct and that the procedure is
accurate. During the asylum interviews unaccompanied minors are asked about
family members and their whereabouts. The Repatriation and Departure Service is
actively involved in tracing family members and reuniting unaccompanied minors
with their families. Returning them to family or friends is preferable to returning
them to a care home. On the basis of a tracing request, the Ministry of Foreign
Affairs can inform the Repatriation and Departure Service in an individual
report about the possibilities for suitable accommodation. If suitable
accommodation has been found and the unaccompanied minor has the necessary
travel documents, the minor will be escorted by the Repatriation and Departure
Service during the trip back to the country of origin and handed over to the
family or care institution there. In cases of independent departure the minor
will be escorted by the IOM. Poland's Act of 13 June 2003, Article
30(1) on granting protection to foreigners in the territory of the Republic of
Poland, states that a foreigner claiming to be a minor can undergo, upon their
own consent or the consent of their statutory agent, a medical examination in
order to determine their actual age if there is any doubt concerning the person's
age. The result of the medical examination should indicate the person’s age and
provide the margin of error. The Office for Foreigners and the Polish Red Cross
have a model of practical cooperation regarding the search for relatives of
unaccompanied minors applying for refugee status in the Republic of Poland. In Portugal, all necessary steps are
taken in order to ascertain the minor's identity. This may include establishing
their age. In accordance with Law 23/2007 of 4 July 2007, there are mechanisms
in place not only to identify unaccompanied minors and establish their
nationality, but also to locate their family. With a view to protecting the
unaccompanied minor's best interests, the Asylum Act also establishes that
efforts must be made to find the minors' family members in collaboration with
the other entities involved in the procedure, as well as the Ministry of
Foreign Affairs. In Romania, in case the unaccompanied minor cannot prove his age and there are serious doubts about his minority,
the Romanian Immigration Office calls
for a forensic assessment
of age determination of the applicant, with
the prior consent in writing of the minor and of the legal representative. If the asylum seeker
and/or his/her legal representative refuse
the forensic age assessment and no conclusive
evidence are brought, he/she will be considered an adult (it will be considered that the person has turned 18 years of age at the date of submitting the
asylum application). This procedure
does not apply if there are
solid reasons for the refusal to perform a forensic
examination for age determination, found during the evaluation
made by a psychologist from the Romanian Immigration Office. Family reunification of unaccompanied
minors is guaranteed by national law, which
complies with identification of parents regardless of their
place of residence, for the purpose of family reunification. But
if the parents or other family
members are not identified or if
the minor is not accepted in the country of origin, he/she will be allowed to have a temporary residence in Romania. If
the family of the unaccompanied minor was found, the possibility and the conditions to achieve reunification will be analyzed, a motivated
decision being issued in this
respect. Tracing of unaccompanied minor asylum
seekers family is made as soon as possible. Unaccompanied minor asylum seeker's opinion on finding
his or her family is taken into account and
is given due importance according to his/her
age and maturity. Slovenia's International Protection Act, states that in a procedure concerning
an unaccompanied minor it is necessary to establish the minor's identity and to
launch the procedure for looking for his or her parents or other relatives as
soon as possible. In cases in which international protection has been granted
the unaccompanied minor concerned has the option of requesting family
reunification with his/her parents. Slovenia has not
yet developed any special mechanisms for determining the age of unaccompanied
minors. In the Slovak Republic the procedure for
assessing the age of a third-country national is determined by law. If a
third-country national declares to be a minor and is travelling without travel
documents and his or her appearance and physical build does not appear to
correspond to the date of birth indicated, a medical examination may be
performed to determine the person's age. The applicant is
obliged to undergo a medical examination. At the same time it is necessary
to obtain the consent of his/her legal representative or guardian. If the third-country national refuses to
undergo a medical examination, he or she is presumed to be an adult. It is the
duty of the police to inform third-country nationals of their entitlement to
order a medical examination to determine age, and of the method and
consequences of that examination. If the medical examination fails to determine
whether a person is an adult or a minor, she is presumed to be a minor for the
purpose of the procedure, in accordance with the Act on Asylum. The Slovak Republic has also set up the Central Visa Information
System (C-VIS), accessible via VIS at the Ministry of Foreign Affairs since the
date of its launch, 10 November 2011. Only the first name, surname, date of
birth, visa sticker number and document number can be monitored, however. Spain, in the 2011 Alien Law Implementing
Regulation, caters for legal provisions on age assessment and family tracing. If the minority of an unaccompanied minor cannot be definitely
established, this circumstance has to be immediately communicated to the Public
Prosecutor who shall (in the
shortest delay) order the process of determination of the age (in this process,
appropriate medical institutions must collaborate to carry out the necessary
tests). A Framework Protocol in order to unify criteria, including those
relating to methods for the determination of age, is been currently developed. For family tracing, the national migration authorities in the
regions request the General Commissariat for Aliens and Borders (Ministry of
the Interior) to make the necessary enquiries to the Spanish Consular
authorities in the country of origin, in order to draw a report on the minor
family situation and the acceptance by origin country authorities to bear
responsibility over the minor. The Swedish Migration Board has issued guidelines on age
assessment. If there are doubts about the age stated,
an overall age assessment will take place after an extended asylum interview,
after which the applicant could be registered as an adult. The applicant has
the burden of proof to make his/her stated age probable. Medical examinations
are used only as a means for the applicant to support his or her stated age, if
the Migration Board considers that the stated age is incorrect. Bone (hand and
wrist) and dental examinations are the medical methods used to assess age, and
only with the applicant’s/appointed guardian’s consent. If the minor/legal
guardian does not wish to make an age determination, the age assessment is
based on the findings from the interviews and observations made by the case
worker. According to Swedish legislation, tracing of
parents/family should start as soon as possible after arrival to Sweden. In 2011, the Swedish Migration Board has published a set of guidelines relating to
tracing, to help clarify questions such as when, and under which circumstances,
tracing can and should start. The United Kingdom has experience in family tracing in asylum
cases, but family tracing is not started until there is enough information to
allow staff to make an assessment of the safety implications for both the child
and their family members. Where there is little or no evidence to
support an applicant’s claimed age and their claim to be a child is doubted, a
UK Border Agency officer will conduct an initial age assessment. If the officer
considers that an applicant’s physical appearance/demeanour very strongly
suggests that they are significantly over 18 years of age, and this is
independently agreed with by a senior officer, the applicant will be treated as
an adult. In all other cases the applicant will be
informed, in a sensitive way, that, because there is insufficient information
at this stage on which to make a final decision, they will be given the benefit
of the doubt and will be treated as a child until all available information is
collected and a decision on their age has been made. The applicant will be
referred to the relevant local authority which will make an assessment of their
age and communicate that information to the UK Border Agency, at which time a
final decision will be made on their age. The UK has not previously been
involved in exchanging best practice guidelines on age assessment by combining
scientific and legal criteria, but is keen to do so and is continually
developing their guidelines.
V. DURABLE SOLUTIONS
V.1 Return and reintegration
in the country of origin
V. 1.1. Actions at the EU level
The Commission will prioritise funding of unaccompanied minors-specific activities by the Return Fund and the Thematic Programme Migration & Asylum, including projects providing for post return monitoring and follow up, especially in the case of child victims of trafficking in human beings; promoting reunification of children with their parents through family tracing activities in Member States and countries of origin; support to families and communities for reintegration; support to authorities of countries of origin in managing the return, creating training centres, supporting families and returned minors, protecting victims of trafficking in human beings and preventing re-victimisation, etc.; support for projects and policies creating study and training opportunities in the countries of origin, open to all minors.
Minors and unaccompanied minors are part of the group of
vulnerable returnees. Measures addressing the situation of this group are
included under specific priority 1.2 of the Return Fund. The concrete
actions to be implemented under this priority are determined by the Member
States in their Annual Programmes.
Under the Community actions Return
Fund 2010, the Work Programme foresaw the fostering of cooperation of two
or more Member States in the field of pre-departure and post-arrival
reintegration activities. Applicants were invited to give a particular
emphasis to the reintegration needs of vulnerable groups, in particular
unaccompanied minors. One of the projects selected,
European Reintegration Instrument by the Dutch Repatriation and Departure
Service, has some specific focus on the UAMs, since it should assess the
reception and reintegration situation in selected third countries, present
a standard model for reintegration of UAMs and
provide actual assistance to selected group of returning minors (those
that are older than 16,5 years). Another running
project on UAMs is under 2009 Work Programme. It is called the European
Return Platform for Unaccompanied Minors and focuses
on exploring the ways of returning unaccompanied minors who can
no longer stay in the participating Member States following a
negative decision. The project should provide a basis for direct
cooperation of Member States administrations with third country
authorities in the practical work of securing the best interests of
the child while returning unaccompanied minors.
Furthermore, the call for proposals under the Return Fund work
programme 2011 has an objective focussing on a safe and sustainable return
of minors, including the family tracing of returned UAMS, reception
centres for returned UAMs and monitoring of returned minors (accompanied
and unaccompanied).
The Thematic Programme Migration & Asylum multi-annual strategy for the period 2011-2013 clearly identifies measures addressing
the phenomenon of unaccompanied minors as one of the priorities of the
Thematic Programme. Such measures should be related to prevention, such as
awareness-raising programmes for children at risk, training of specialised
personnel in main areas of origin to detect situations of risk, as well as
activities concerning return and reintegration in the country of origin
(for instance, projects providing for post-return monitoring and
follow-up, especially in the case of child victims of trafficking, support
to families and communities for reintegration, etc.). The human rights
dimension will be particularly taken into account in projects funded by
the thematic programme in this area. A call for
proposals for 2011/2012 under the EU Thematic Programme on Migration and
Asylum is on-going. One of the identified priorities is 'vulnerable groups
especially unaccompanied minors; support measures addressing the challenge
posed by unaccompanied minors, namely awareness-raising programmes for
children at risk or training of specialised personnel, as well as
activities concerning return and reintegration in the country of origin'.
The call also mentions protection of migrants' human rights as a specific
priority which should be supported through legislative development,
awareness-raising and capacity building for national authorities.
Projects financed by the financial
instruments under EEAS/ DEVCO:
Project: "Prevention of trafficking in children, youth and
women in Myanmar and support for the return and reintegration of trafficked
victims" (TP Migration & Asylum, 2008-2011, €0.7M) Project: "Technical Assistance Program to Strengthen Social
Service Provision to Child Victims of Human Trafficking in Russia" (Thematic Programme Investing in People, 2009-2012, €585,444) Project:
"Programme de protection, réhabilitation et réinsertion des enfants
victimes et/ou vulnérables face à la traite et à l'exploitation sexuelle en
Guinée Bissau" (Thematic Programme Investing in People 2009-2012, €600,000) Project
"Programme Afrique de l’Ouest”: Transnational action for
socio-Professional integration of children and teenagers victims of trafficking
or smuggling" (2011-2013, TP Migration & Asylum, €1.5M) Project: "Return and Resettlement - Children's participation in
decision making" in Azerbaijan (TP Investing in People, 2010-2012-,
€519,000) Project "Upgrading the Capacities of the Reception Centre for
Foreigners in Croatia": additional premises will be built in the (so far)
unique detention centre for irregular migrants in Croatia for unaccompanied
minors and families of irregular migrants (Border Management and Security, €
2.148.225). The Commission will publish a study on existing Member State practices and legislation on the return of unaccompanied minors and situation of unaccompanied minors falling under readmission agreements. Under the 2009 Return Fund Community actions, the Commission
launched a call for tender and selected a service provider (European Council on
Refugees and Exiles in cooperation in partnership with Save the Children EU
Office) who carried out the study examining the situation of minors during the
process of return and outlined the best practices relating to return of minors,
including unaccompanied minors, in the Member States. The conference during
which the outcome of the study was discussed took place on 7 November and the
study was finalised in November 2011. The Commission will promote child-friendly best practices in Member States. The interim findings of the comparative study on best practices in
the field of return of minors were presented in the Contact Committee on the
Return directive on June 24, 2011 and the final study was presented to the same
committee on 2 December 2011. To call on the Commission and Member States to promote the development of methods of pre-departure counselling, with the aim of encouraging the voluntary return of minors to their countries of origin. As referred to above, the study commissioned under the
Return Fund's Community Actions 2009 identified the best practices in the field
of return of minors was presented to the Member States in the Contact Committee
on the Return directive. During the presentation, Member States were encouraged
to apply the best practice identified in their daily work. To encourage the Commission and Member States so that EU and national external cooperation instruments are used in a well-coordinated manner to finance projects in third countries to facilitate the return and reintegration of UAMs in their countries of origin. See above. To support forms of practical cooperation among Member States, as well as between Member States and countries of origin and between Member States and International and Non-Governmental Organizations in order to establish operative networks to facilitate the return of minors to their countries of origin, in a process which takes account of the importance of a humane, safe and dignified return in accordance with the UN Convention on the Rights of the Child and within the framework of Directive 2008/115/EC on common standards and procedures in Member States for returning illegally staying third-country nationals . Continuously throughout the entire 2008-2013 programming period of
the Return Fund. Such projects can be implemented under the annual programmes
of the Member States or under the Community actions. For relevant projects
financed under the Community Actions, see the first measure of chapter 4.1
above. To encourage Member States to make full use of operational networks in order to establish and maintain contacts with the authorities in the countries of origin or return, with a view to finding ways and means to facilitate the return and reintegration of minors in their countries of origin or return. Continuously throughout the entire 2008-2013 programming period of
the Return Fund. Such projects can be implemented under the annual programmes
of the Member States or under the Community actions. Under the Return Fund Community Actions 2010, the Commission is funding
the establishment of a Voluntary Return European Network that should serve as a
forum for exchange of information and dissemination of best practice among the
relevant stakeholders in the Member States and potentially major countries of
return. This could also prove to be a useful forum to pursue exchange of
information and experience in the field of return and reintegration of minors.
For other relevant projects financed under the Community Actions, see the first
measure of section 4.1 above.
V.1.2.
Actions in EU Member States
Member States consider return in the framework of the unaccompanied minors'
chances to reintegrating back home and as a durable solution. As reported by
Member States, return can only be done with the minor's consent and if a safe
family environment is awaiting in country of origin. FR points out that from
2003 to 2010 only 100 returns have taken place, out of over 6 000 unaccompanied
foreign minors in the country. In IT or ES rate is even smaller and it is the
same in all Member States who are engaged in safe return. DE frames minors' return
in the readmission agreements signed with third countries. EE has signed a
bilateral agreement for return with Albania, HU and LT have done the same with Serbia. ES, FR and IT have also signed bilateral agreements for save return. Some Member
States – AT, BE, EE, EL, IT, HU, PL and SK - report working with either
International Organizations like UNHCR, or with IOM or other NGOs such as
Caritas or the Red Cross to implement safe return. EE, HU and MT discuss making
use of the European Return Fund for these activities. SE, NL, UK and NO have established the ERPUM project to work for safe return and durable solutions in Afghanistan. IE does not return minors. Detailed information on Member States practices Austria is working with the International Organisation for Migration in the
area of voluntary repatriation to ensure a hand over to family or local youth
welfare offices. In the case of forced returns, the authorities are bound by
the provisions of the Immigration Authorities Act and the implementation of the
Return Directive. In Belgium, the agency
Fedasil created a reintegration fund in 2006 for minors returned to their
country of origin. Fedasil works with IOM and Caritas on durable reintegration
activities before minor's leave and upon arrival to country of origin. Belgium has recently put all stakeholders dealing with UAM under the
authority of the Secretary of State for Asylum and Migration, reporting to the
Ministry of Justice. Coordination shall be reinforced as regards data and databases
and UAM's return and reintegration in Morocco and the Guinea. Bulgaria reports that the main tasks of
the State Agency for Refugees are constantly focused on finding durable
solutions regarding data collection; positive, humane and efficient search of
the family of the unaccompanied child and their gathering, if so requested by
the child and is for his safety; exploring the possibility of taking care of
the child in a family environment and accommodation in specialized institutions
with special conditions for minors. The Czech Republic cooperates with the International Organisation for Migration on
voluntary repatriations of UAMs to their countries of origin. There is no
experience with forced returns of UAMs because (under the Czech law) UAMs can
legally stay in the territory till the age of 18. Denmark is
evaluating at present the programme they run together with IOM on voluntary
assisted return for unaccompanied minors. Denmark
participates in a pilot project, partly EU funded, with Sweden, UK, the
Netherlands and Norway concerning the establishment of reception and care
facilities in Afghanistan. The aim is to reunite returned minors with family
and ensure reintegration. Estonia can only return an unaccompanied
minor if guardianship is arranged for the minor in the receiving country and if
his or her rights and interests will be protected. Return is organised in
coordination with the competent national authorities in the receiving country
and, where necessary, in the country of transit. The Ministry of the Interior
and the Estonian Red Cross have signed a cooperation agreement so that the
Estonian Red Cross monitors compliance with the procedural requirements at each
step of the expulsion procedure and ensuring that a person being expelled is
able to exercise all his or her human rights. There is also the ‘Providing
material support to people being expelled’ project funded by the European Return
Fund and implemented by the Police and Border Guard Board, under which it is
possible to provide material support to unaccompanied minors to enable them to
initially support themselves in their country of origin. Finland has returned very few unaccompanied minor asylum seekers. Before
a minor may be returned to his/her country of origin, the reception of the
minor must be ensured. France reports that no return can be implemented
if determined circumstances are not met: judicial authorization, family or
guardianship found in country of origin, education and living conditions met in
country of origin and minor's own will. Only 100 returns have taken place
between 2003 and 2010. Germany has not signed any particular agreement with third
countries relating to unaccompanied minors except for regulations in
readmission agreements. There has so far been no perceived need for such
provisions in agreements with third countries. Germany transposed the 'Return
Directive' 2008/115/EC into national law in 2011. The procedural safeguards and
accommodation guarantees laid down therein have been largely applied in
national return procedures since before 2010. EU and bilateral readmission
agreements mostly contain a clause on compliance with international protection
rules, which include the rights and welfare of children. In Greece and in accordance with Law, if the competent public prosecutor judges that,
under the specific circumstances, repatriation does not serve their interests,
they can order any measures necessary to protect the minor until the court
issues a decision, which must be within thirty days, on the appointment of a
Commissioner. With regard to non-asylum seeking unaccompanied minors, once the
competent Immigration Department has completed its enquiries, when their
parents or the persons whose care they are in are not found in Greece, INTERPOL are informed so that they can look for them in their country of origin. With regard to asylum applicants and in accordance with the Dublin
Convention, the competent services, maintaining the basic principle of family
unity, try to unite unaccompanied minors who are on Greek territory with
members of their family who are resident in EU Member States and to this end,
cooperate with UNHCR and with NGOs in order to complete the relevant
applications and to make possible the transport of minors so that they can be
near their families, whilst at the same time ensuring that their safety is
guaranteed. Asylum seekers who are minors are transported, in cooperation with
the competent departments of the Ministry of Health and Social Welfare, to
existing facilities which are appropriate for housing them (Reception
Centres for Asylum Seeking Minors) and the necessary action is taken to
appoint a Commissioner through the competent Public Prosecutor's office, who
will assist the minor throughout the asylum procedure. For minors with Albanian citizenship in particular, the two
governments have signed an agreement for their protection, including
repatriation, rehabilitation and care of Albanian children who are victims of
migrant-smuggling to Greece. All other minors are deported by air, once the
Interpol branch in their country has been informed. Ireland does not
generally return unaccompanied minors unless they have been reunited with their
family in Ireland and are all subject to Deportation Orders. There have been a
very small number of cases where Ireland has returned minors. Immigration Act
1999 sets out procedures in relation to deportation orders. When deciding on
whether or not to make a deportation order in relation to a person, the
Minister has regard to a number of factors, including the age of the person. In
relation to subsidiary protection or permission to remain as a result of a
consideration under section 3 of the Immigration Act 1999, the fact that
someone is an unaccompanied minor will be taken into account if their claim is
processed while they are still a minor. Italy runs programmes on voluntary return of
unaccompanied foreign minor to his/her country of origin, regulated by the
Committee for Foreign Minors, which evaluates minors willing and the
information given by the municipal social services first. Then, it takes into
consideration the results of family investigations made by IOM, the opinion of
the tutor and the certificate of the judicial authority. Voluntary return
instrument aims at protecting the best interest of the minor, and it is
possible only with his/her consensus. The Committee is in charge of the costs (such
as the plane ticket) until the minor reaches his/her family, and it provides
for an individually tailored reintegration, so that the minor is able to get
quickly an economic independence from his/her family. Additionally, IOM is in
charge of monitoring activities of the implementation of the project giving
information to the Committee. Hungary cannot return third country national unaccompanied minors to their countries of origin
or to a third country unless their adequate protection (in their family or in
an institution) is ensured there. In practice all unaccompanied minors who are
returned to their countries of origin or to a third country are returned by
virtue of readmission agreements. Most of them are returned by virtue of the EU
readmission agreement in force between the European Union and Serbia. On the basis of this agreement the Serbian authorities readmit Serbian nationals
and third country nationals arriving from Serbia to Hungary (except for Kosovar
nationals) provided that they were apprehended at or in the vicinity of the
Serbian border. In case of unaccompanied minors special procedural rules shall
be followed including that they can only be returned if the representative of
their family or the institution is awaiting them at the border. In Hungary the Budapest Office of the IOM
has been operating an Assisted Voluntary Return (AVR) Programme for several
years for asylum seekers, persons granted international protection and persons
who do not fulfil the residence conditions in Hungary who wish to return to
their countries of origin. The programme is implemented in cooperation with the
Office of Immigration and Nationality and is funded by the European Return Fund
and the Hungarian Ministry of Interior. Potential voluntary returnees are
informed about the AVR programme through the NGO “Menedék”, which has social
workers in reception centres and guarded accommodations in Hungary. Furthermore IOM provides a Website and a Hotline for potential voluntary returnees and IOM
leaflets comprising information on voluntary return possibilities are made
available at reception centres and detention facilities. These services are
available to unaccompanied minors, but they can only be returned to their
countries of origin if proper care is ensured there. Therefore it is very rare
that Hungary makes use of these opportunities. Lithuania can return unaccompanied foreign
minors who are illegally present or residing in the country only if they are
properly looked after in the foreign country to which he or she is returned,
taking into account his or her needs, age and level of independence. Where an
unaccompanied foreign minor cannot be returned to his or her country of origin
or another country, he/she must be granted the right to reside in the Republic of Lithuania on the grounds laid down by the Law. The return of an unaccompanied
foreign minor is a question that is resolved in cooperation with other
countries and international organisations on the basis of international
agreements. Malta uses the
Best Interest Determination system to find a care plan for each minor within no
more than six months following their arrival in the dedicated centre for
minors. The plans are submitted to the Children and Young Persons Advisory
Board, part of the Ministry of Justice, Public Consultation and the Family, for
approval by the Minister. Malta has not returned any unaccompanied minors to
their country of origin against their will in the past two years (2010-2011).
From the start of the voluntary assisted return and reintegration programme
until now, one unaccompanied minor (aged 17 years and three months) made use of
this facility in 2010. IOM implemented this return and the minor in question
was helped to engage in an economic activity in his city of origin. This activity is being carried out together
with the minor’s father and sister. This project was part-financed by the European Union out of the
Return Fund. The Netherlands do not repatriate unaccompanied minors unless suitable care in the country
of origin, measured by local standards, is met. The Government has been
investing in creating suitable accommodation in countries of origin (for
example recently in Angola and the Democratic Republic of Congo), partly
drawing on funds for development cooperation. Wherever possible, existing
facilities are used. The Netherlands is working with European partners (Sweden, Norway, the UK and Denmark) to develop care facilities in Afghanistan, which is the main
country of origin of unaccompanied minors. In this connection they are also
investing in education for local orphans so that they, too, can be offered
opportunities for the future. Support is provided in various ways to
unaccompanied minors in the Netherlands who have exhausted all the legal
remedies and are returning to their countries of origin independently. For
example, they are entitled to financial support or assistance in kind. According to Poland's Act on
foreigners, a decision to remove a minor foreigner to the country of origin or
a different country is carried out only if upon arrival, the minor will be
under the care of parents, other adults or care institutions, according to the
standards specified by the Convention on the Rights of the Child, adopted by
the United Nations General Assembly on 20 November 1989. Moreover, a minor foreigner may only be removed under guardianship
of their statutory agent, unless the decision regarding removal is carried out
so that the minor is handed over to the statutory agent or representative of
the relevant authorities of the country to which they are removed. When it comes to the assisted voluntary return, the Border Guard and
the Office for Foreigners cooperate with IOM which organises aid in voluntary
return to the country of origin, also for persons requiring special treatment.
In the case of unaccompanied minors, the aid includes medical examination in
order to confirm the beneficiary’s ability to make the return journey and
organisation of medical or regular escort. Procedures apply to unaccompanied
minors, pursuant to the overriding principle of acting in the child’s best
interest (Convention on the Rights of the Child). The child’s guardians in the
country of origin are contacted before the minor is returned to that country. In Portugal, if minors expressly state that they want to
return, or even where they do not do so, they may be returned if their parents,
family members, social services or other caring children organisations are
identified in their country of origin. Romania, in
order to harmonize the national
legislation with the EU acquis
in the field of return, has approved in 2011 amendments to the national
law on aliens’ regime to cater for guarantees to non-refoulement and
identification of the unaccompanied
minor’s family, while waiting for removal from the territory. In the Slovak Republic the legal guardian and the
facility in which the unaccompanied minor is housed are responsible for
providing information on the minor's situation and possible solutions. This
information is usually given to a minor in writing. The duties of the guardian in the asylum or subsidiary protection
procedure include preparing the minor for interview and thoroughly explaining
the minor's situation in advance. No interview may take place without the
guardian's presence (supervising the form and content of the questions asked,
arranging for breaks in the interview, explaining the purpose of the
questions). The basic border and aliens police forces work closely with the
competent bodies like IOM in returning unaccompanied minors and provide
appropriate assistance in the best interests of the child. For return,
procedures include communicating to the representative office of the country in
which the unaccompanied minor usually resides the measures taken in the
interests of return or transfer of the unaccompanied minor and requesting the
child's return or transfer to the country in which he or she usually resides,
where it is clear that the usual residence is in a safe country which is not
the subject of the International Convention (the Convention on the Civil
Aspects of International Child Abduction). Alternatively, the border and aliens
police submits the family reunification proposal to the representative office
of a country in which the unaccompanied minor does not usually reside but where
his or her parent or personal carer is living, and communicates the measures
taken in the interest of that reunification. Stakeholders include the UNHCR,
the Slovak Ministry of Internal Affairs, IOM and other bodies active in the
field in implementing measures for the social and legal protection of children
and social care for unaccompanied minors. As for Spain, the Regulation implementing the Alien
Law works towards establishing a Framework Protocol mainstreaming all relevant
stakeholders' activities concerning durable solutions, starting the moment a
minor is traced, followed by his identification, care, age determination and
guardianship by the corresponding authorities. An inter-institutional service
working group has already been set up to create the abovementioned framework
protocol. Return is ruled by the Regulation as well, stressing the role of the
Police to enforce the return resolution and the presence of personnel from the
minor protection services until the minor is delivered to the competent
authorities of his or her origin country. Sweden established in January 2011
the project ERPUM, European Return Platform for Unaccompanied Minors, in
partnership with the UK, the Netherlands and Norway. Within the project an
agreement is currently being discussed with the Government of Afghanistan,
together with IOM as a coordinating partner. The aim is to support and assist
unaccompanied minors to reintegrate, making individual assessments before
return which also includes family tracing. In Iraq an initial dialogue has
commenced with the authorities in both Baghdad and Erbil. The United Kingdom conducts a best interest determination
prior to the voluntary return of a minor. If return is determined to be
in the best interests of the minor, the mechanics of their return will be
facilitated by the Family Returns Panel (or equivalent). Key partners
responsible for the welfare of a minor during their time in the UK, e.g. social worker, teacher, medical professional, will form part of that panel and
they will provide the necessary support prior to return. The UK is working collaboratively with Sweden, the Netherland and Norway on the European Return Platform for Unaccompanied Minors (ERPUM) project. The project aims to find new methods for the return of unaccompanied
minors that need to return home after receiving a final rejection of their
asylum application. The partner countries intend to organise family tracing, family reunification
and adequate reception facilities for returning minors.
V.2 International protection
status, other legal status and integration of UAMs
V.2.1. Actions at the EU level
Member States are invited to maximise use of existing funding possibilities available under the European Refugee Fund and the Fund for the Integration of third-country nationals. Under the European Refugee Fund III, it
is stated that all actions shall take account of the specific situation of
vulnerable person, such as unaccompanied minors. Furthermore these kinds of
actions, i.e. those taking into account the special needs of vulnerable people
such as unaccompanied minors, qualify for 75% of EU co-financing instead of 50%
(being considered as one of the specific priorities under Priority 1 of the
Strategic Guidelines). Similarly, under the European Fund for
the Integration of third-country nationals, unaccompanied minors can be
considered as "specific target groups" and therefore projects dealing
with unaccompanied minors could receive a co-financing of 75% (instead of 50%)
should the Member State opt for this specific priority. The Commission will strengthen unaccompanied minors-related activities when defining the priorities for Community Action in the annual work programmes adopted for these funds. Under
centralised management, the European Refugee Fund Community Actions 2011 Work
Programme identified the vulnerable group of unaccompanied minors as part of
the target group of the programme (asylum seekers, refugees and beneficiaries
of subsidiary protection). The
call for proposals to be published in the third quarter of 2012 will pursue, in
line with this, priority 4: promoting common
measures to address specific needs of vulnerable groups among asylum seekers
and persons benefiting from international protection, in particular of those
who are unaccompanied minors, with a view to implement the EU Action Plan on
Unaccompanied Minors. The programme also pursues the
specific objective of exchanging information and development of best practices
between national asylum authorities, between them and other stakeholders (such
as non-governmental organisations and international organisations) and between
the latter, in addressing the needs of minors, unaccompanied minors and other
vulnerable persons when implementing EU legislation and preparing for higher
and more convergent standards of protection. The
European Fund for the Integration of third-country nationals Community Actions
2012 Work Programme identified unaccompanied minors with a legal status as part
of the target group of the programme. The
call for proposals to be published in Q3 2012 will pursue, in line with this,
priority 3: governance and effectiveness of integration measures; and the
specific objective to assess the effectiveness of integration measures, in
particular measures targeting particularly vulnerable migrant groups, such as
women, elderly, and children; including unaccompanied minors and victims of
trafficking. The Commission will reflect on how to better include the unaccompanied minors dimension in the next generation of financial instruments, as of 2014, in the field of migration management. The proposals for the next generation of
financial instruments in the home affairs area have been adopted by the
Commission on 15 November 2011. The proposal for an Asylum and Migration Fund
foresees the possibilities to develop an integrated migration policy and to focus
inter alia on unaccompanied minors. The new instrument, bringing together
support for integration, migration, asylum and return management, will be able
to address more comprehensively the needs of the different target groups of
third-country nationals and, in accordance with Member States individual
circumstances, focus in particular on all the measures necessary to assist
adequately the different categories of unaccompanied minors. In the Multi-Annual Financial Framework for the period 2014-2020 the
financial instrument for home affairs will be the Asylum and Migration Fund
(established by Regulation of the European Parliament and of the Council
establishing the Asylum and Migration Fund, adopted on 15/11/11). The new Fund shall be used in full respect with the rights and
principles enshrined in the Charter of Fundamental Rights of the European
Union. In particular, eligible actions should take account of the specific
situation of vulnerable persons, in particular, with special attention and
dedicated responses to unaccompanied minors and other minors at risk.
Similarly, the Fund foresees the group of unaccompanied minors as one of the
target groups that would increasingly benefit from the new instrument (the
target group will be easier to reach because of the merging of different
actions into one Fund). Under the specific objective related to reception and asylum
systems, the new Fund aimsto provide specific assistance for vulnerable
persons, among others for minors and unaccompanied minors. Under Integration measures at local and regional level, the eligible
actions shall take into account the specific needs of different categories of
third-country nationals and their family members, including vulnerable groups
of migrants: among others minors and unaccompanied minors. Concerning the Union Resettlement Programme, unaccompanied minors
are one of the vulnerable groups of refugees that shall in any event be
included in the common Union resettlement priorities and qualify for financial
support in the form of lump sums. The new Fund foresees additional resources for specific actions that
may be allocated to Member States. One of such specific actions is joint
initiatives aimed at identification and implementation of new approaches
concerning the procedures at first encounter and standards of protection of
unaccompanied minors. The Commission will finance projects for the integration of unaccompanied minors having legal status, with particular attention to programmes aimed at supporting the recovery of victims of child specific violence or trafficking in human beings. In line with the priorities and specific objectives defined in the
European Fund for the Integration of third-country nationals Community Actions
2011 Annual Work Programme, the Commission may award funding for actions on the
integration of unaccompanied minors having legal status. The list of proposals
selected for funding following the call for proposals published in July 2011
will be available in Q1 of 2012. The specific issue of unaccompanied minors should be further developed in EU and national integration policies by exchanging and developing best practices, etc. The Commission provides a framework for monitoring, dialogue and
exchange of good practice in the area of integration, and creates incentives
through the European financial instruments. In setting priorities for the
European Fund for the Integration of third-country nationals, it has included
unaccompanied minors as a particularly vulnerable group of migrants, which should
be targeted in integration measures supported by the Fund. The Commission will address the specific challenges posed by unaccompanied minors in the new EU agenda for migrants' integration. The European Agenda for the Integration of Third-Country Nationals
(COM(2011) 455 final) aims to strengthen the economic, social and cultural
participation of migrants in their receiving societies. Special attention
should be paid to the specific needs of vulnerable groups of migrants,
including unaccompanied minors, for example removing barriers blocking
effective access to social and health services. The Commission will examine the specific situation of unaccompanied minors in the planned study on the treatment of illegally staying third-country nationals who temporarily cannot be returned and assess the need for and advisability of establishing a common framework in relation to unaccompanied minors who cannot be returned. Study on the situation of third-country nationals pending postponed
return/removal in the EU Member States and the Schengen-associated countries is
expected to deliver a clear and comprehensive inventory detailing the legal
requirements and conditions in the Member States and Schengen Associated
Countries concerning the treatment of third-country nationals during periods
for which return/removal has been postponed. The study will focus on the rights
expressly mentioned in Article 14 of the Return Directive (family unity, health
care, education, needs of vulnerable persons, papers) as well as other
pertinent rights (such as access to the labour market and material reception
conditions) not mentioned in Article 14 but in practice granted by Member
States to this category of persons. The final results of the study should be
available in December 2012.
V.2.2. Actions in EU Member States
All Member States have in place regulatory framework to protect
UAMs, grant protection status and care for their integration in the host
country. Even if an unaccompanied minor asylum seeker is denied asylum, he or
she is not denied protection in any Member State. The
best interest of the child is of primary concern to all Member States.
Nonetheless, some Member States like CZ report that
several possible types of residence status can be granted to UAMs. UAMs who ask
for international protection enjoy the status of asylum seekers and are
accommodated in specialized schooling facilities. UAMs who do not ask for
international protection are placed in these facilities as well and the law
grants them a permanent residence permit valid until the age of 18. In FR the situation of UAMs is substantially improved if they are granted
asylum, since they are eligible to take French nationality, but only 10% minors
ask for asylum. In addition to this, a minor who has been taken care of by the
reception authorities for more than three years is entitled to apply for French
nationality. HU, LT, MT, PL, PT, and SE either grant asylum status to
unaccompanied minor asylum seekers or grant other subsidiary protection. In UK all unaccompanied asylum seeking children are also referred to
the Refugee Council Children’s Panel who advise and assist the child. In FI, FR and IT integration paths and programmes are drawn up for
the minor to help them integrate in host country. Since August 2011, in IT the
Unified Text Containing the Measures Governing Immigration was amended so that
when the minor comes of age, a residence permit can be issued for study
reasons, employment or self-employment work. RO is making use of the European Refugee Fund to provide care for
minors seeking asylum and SK is using ERF funding for children granted asylum
and the EIF for other UAMs. Detailed information on actions carried
out in EU Member States Belgium has
put in place a special procedure for minors' stay in the country while
waiting for family reunification or return. In Bulgaria the main means of
integration of refugees, including UAMs, are the following: pedagogical
consultations on the rights of refugee children, including unaccompanied
minors, introduction of the parents refugees with the Bulgarian culture and
education, work on their social inclusion in the Bulgarian environment;
organization of intercultural activities, introduction to the main rights and
obligations of refugees and the rights and obligations of refugee children.
Particular attention is paid by exploring and developing educational programs
and projects related to education of the refugee children in the Bulgarian
schools. There are on-going public discussions with NGOs regarding the needs of
the refugees and the results are reflected in the key strategic documents and
legislative proposals to find durable solutions. In Cyprus an unaccompanied minor,
irrespective of his or her nationality, can enjoy all services applied for the
protection and well-being of the child. The best interest of the child is of
primary concern. The Social Welfare Services work in cooperation with all the
relevant stakeholders, such as the Ministry of Health, the Ministry of
Education and Culture, and the Commissioner for Children’s Rights. The Czech Republic reports
several possible types of residence status that can be granted to UAMs. UAMs
who ask for international protection enjoy the status of asylum seekers and are
accommodated in specialized schooling facilities. UAMs who do not ask for
international protection are placed in these facilities as well and the law
grants them a permanent residence permit valid until the age of 18. The permit
can be changed under certain conditions to a regular permanent residence permit
based on humanitarian grounds after the UAM reaches 18. Denmark only
allows minors to go through the asylum procedure if the Danish Immigration
Service assesses enough maturity on the minor. In general, children under the
age of 12 are not considered sufficiently mature to go through the asylum
procedure. If the minor is considered not mature enough he/she can be granted a
residence permit without having to go through the asylum procedure. This permit
is conditional on there being no family or adequate reception facilities in
country of origin and is temporary until the minor comes of age. Appeals can be
lodged to the Refugees Appeals Board. During their stay in the country
unaccompanied minors are lodged and schooled. Estonia organises UAM's everyday life in special centres as similarly as possible to family
life, thereby providing the child with stability and confidence. A guardian is
appointed by a court for an unaccompanied minor afforded international
protection. That guardian may be an individual, a legal entity or a local
authority. The duties and obligations of guardians are laid down in the Family
Law Act. There are no specific measures laid down in Estonian law for the
integration of unaccompanied minors, but the general measures aimed at adults
under the integration plan apply. Concerning Finland, the Act on the
Promotion of Integration (1386/2010) laying down provisions on support and
promotion of integration and immigrant’s participation in society came into
force in September 2011. Under the new legislation, the provisions on
obligations to take account of the best interest of the child are more detailed
than before. The Act includes an obligation for municipalities to draw up a
clear integration plan for all unaccompanied minors who are issued with a
residence permit in Finland taking into account the opinion of the child.
Within the framework of the pilot project Participative Integration in Finland included in Chapter 9 of the new Act, it is indented to create one integration path
for immigrant children and young immigrants in order to improve the integration
of these groups and prevent social exclusion. In France many minors come of age
while they are being taken care by the different reception facilities. When a
child becomes of age, he/she will benefit from substantially increased
protection if recognised as a refugee. In addition to the possibilities for
obtaining French citizenship upon recognition of refugee status, the refugee
turned adult will receive a 10-year residence permit and benefit from the same
social protection rights as French nationals. However, only 10% minors ask for
asylum. In addition, a minor who has been taken care of by the reception
authorities for more than three years is entitled to ask for the French
nationality. If he or she does not meet this criterion he or she still can be
granted a residence permit provided that there is positive reporting from the
receiving authority on the minor's willingness to follow education and training
to integrate in host society. The local reception authorities provide care to
young people over 18, until they reach 21, if they are willing to follow
further integration activities. In Greece the possibility of granting a residence permit for
humanitarian reasons to victims of human trafficking, even if they do
not cooperate with the law enforcement authorities, is provided for by
legislation. The residence permit is renewed until the criminal procedure
finishes or no further action is taken. In addition, the law has simplified the
criteria for issuing and/or renewing residence permits when humanitarian and
exceptional reasons have been identified. In particular, a residence permit can
be granted for humanitarian reasons for minors who are proven to need
protective measures and whose return to a safe environment is impossible, as
well as to minors who are sheltered by institutions or other legal persons of a
charitable nature. Italy has been running a National Programme
for the protection of unaccompanied foreign minors, aiming at developing the
protection of unaccompanied foreign minors in the country, supporting the
municipalities in the implementation of specific services and promoting the
standardization of the interventions at the national level. The Programme created
a network of 32 local projects, involving 14 regions, 29 provinces and 56
municipalities. On 31 May 2011 the Programme provided services to 2 000
unaccompanied foreign minors. In August 2011 the Unified Text Containing the Measures Governing
Immigration was amended so that when the minor comes of age, a residence permit
can be issued for study reasons, employed or self-employed work, once the
Committee for Foreign Minor have expressed a positive opinion on the minor and
if the minor has been residing in Italy for at least three years and has been
participating in a social and civic integration project for at least two years. Hungary's Act on Asylum grants refugees the
same rights and obligations as Hungarian citizens, unless an Act of Parliament
or a Government Decree expressly provides otherwise. Under the same Act,
beneficiaries of subsidiary protection have the same rights and obligations as
refugees unless an Act of Parliament or a Government Decree expressly provides
otherwise. However, they are not entitled to be naturalized under the
preferential terms that are available to refugees and receive a different type
of passport from refugees. Support for enrolment to school for children
participating in general education, reimbursement of the costs of Hungarian
language exam, support for living costs, and housing benefits are also
provided. Minor
refugees, beneficiaries of subsidiary protection and minors who are granted a
humanitarian residence permit fall under the scope of the Child Protection Act
and by law are entitled to the same care that is provided for Hungarian
children. In Lithuania, unaccompanied minor asylum applicants are
usually granted subsidiary protection, i.e. a Lithuanian residence permit for a
period of one year, renewable thereafter. No unaccompanied minors have been
granted refugee status to date. The process of adaptation by unaccompanied
minors to a foreign environment starts at the reception centre, which is where
they live until they are moved to locations across the municipalities for
integration support or, if social integration services are provided at the
Centre, until such time as integration support comes to an end. Support is
granted at the Centre for up to eight months. Taking into account the
interests of the child, the period of time for which support is granted to
unaccompanied foreign minors at the Centre may be extended until they reach 18
years of age. In the event of unforeseen circumstances, support at the Centre
may be extended further. In Malta unaccompanied minors who
apply for asylum are always interviewed in the presence of their guardian. The Office of the Refugee Commissioner can
decide not to conduct the interview if the minor is very young. In these exceptional cases, the information
is obtained from the guardian. The Office of the Refugee Commissioner, as
stipulated by Law, can recommend two types of protection: refugee status or subsidiary protection. In the event that minors cannot benefit
from either of these, the Office of the Refugee Commissioner can provide
another form of local protection, known as Temporary Humanitarian Protection,
until the minor reaches the age of majority. The aim for The Netherlands is that unaccompanied minors who
are granted international protection or another type of residence permit should
be integrated in the country as quickly as possible. There are various measures
in the field of education, care, housing and employment which are available to
anyone in a disadvantaged position, including unaccompanied minors. Unaccompanied
minors who applied for asylum, have a right to reception until they become of
age or return to their country of origin. The reception includes the
possibility to go to school, medical care, special guidance etcetera. ERF is
used to improve reception facilities for children. If the application is
rejected, (unaccompanied) minors still have the right to get reception/shelter,
school and medical care. Integration is not the aim for minors without a
residence permit. In Poland issues regarding granting
international protection are regulated in Section II of the Act of 13 June 2003
on granting protection to foreigners in the territory of the Republic of Poland. Criteria concerning granting international protection also apply to
unaccompanied minors seeking refugee status, except in situations where there
are no grounds for providing international protection to the unaccompanied
minor. Their situation is additionally considered in the context of ensuring
care after return; either by the closest family, relatives, institutions or,
alternatively, organisations established for this purpose in the country of
origin. Another form of protection provided for by the Act is a tolerated
stay. Pursuant to Article 97(1a) of the Act, a foreigner is granted a permit
for tolerated stay in the territory of the Republic of Poland if their removal
would violate the right to family life within the meaning of the Convention for
the Protection of Human Rights and Fundamental Freedoms, or violate the rights
of the child specified in the Convention on the Rights of the Child to a degree
posing a considerable threat to the child's psychophysical development. Regarding integration, it should be noted that in 2010–2011,
representatives of the Ministry of Interior and Administration participated in
meetings of an expert group organised by the Government Plenipotentiary for
Equal Treatment. During the meetings, the participants discussed issues
occurring in the process of educating children of different races and cultures
at Polish schools. Portugal's national legislation, in
those cases where the right of asylum is not granted, caters for subsidiary
protection to unaccompanied minors through the granting of a residency permit
on humanitarian grounds, if the minor is a national of a State where there is a
serious lack of security due to armed conflict or a systematic violation of
human rights. If they are not eligible for subsidiary protection, their
situation may be covered by the general regime for foreigners, under Law 23/2007
of 4 July 2007. Portugal recalls the Hague Convention of 19 October 1996, regarding
competency, applicable law, recognition, execution and cooperation in parental
responsibility and child protection measures, in so far as it might be
necessary for a Member State to recognise legal measures that were applied in
another State (for example, recognising the institutionalisation of a minor).
This Convention came into force in Portugal on 1 August 2011. The Directorate‑General for Social
Re-integration is the national central body with responsibility in relation to
this Convention. In Romania programs have been developed
through European funding from the
ERF or the EIF. Through the European
Integration Fund 2010, two
projects take place in Romania, targeting minors from third countries,
residents in Romania. Another two
projects are carried out with the support of the European Refugee Fund 2010 targeting minor asylum seekers and minors who obtained
a form of protection in Romania. The Ministry of Labour, Family and Social
Protection through the General Directorate for Child Protection is responsible
for the welfare of minors in Romania, elaborating the policies and strategies
in the field of child protection. At local level, in each county of Romania there is a General Directorate for Social Assistance and Child Protection which is the
competent authority for all child protection issues. Regardless of whether the
child has a legal status or not, his or her rights are fully respected. In the Slovak Republic stay of an unaccompanied minor
is taken care by the social and legal protection of children and appropriate
measures are adopted to support the culture, language, religion and traditions
of the child's country of origin. Measures include also assistance where
necessary in seeking the child's parents or relatives, and assistance with
integration with the child's own family. In the event of voluntary return of an
unaccompanied minor to the country of origin, the authorities work closely with
the International Organisation for Migration. Unaccompanied minors have the same rights as any child who is a
Slovak citizen. Basic language instruction is given directly in the Children´s
Home where UAMs are housed on arrival. The child remains in the reception centre
until the decision to grant or refuse asylum or subsidiary protection is handed
down. Once the Supreme Court of the Slovak Republic has confirmed a decision by
the regional court to refuse asylum or subsidiary protection, the unaccompanied
minor is transferred to the Children´s Home, within the scope of the Ministry
of Labour, Social Affairs and Family. Since 2009, the UAM who is granted
subsidiary protection is placed into a facility for minor foreigners
(Children´s Home for Foreigners) or another Children´s Home. During the stay in the Ministry of Internal Affairs Migration
Office's reception or accommodation centre, children with asylum-seeker status
are given social, legal, psychological and material assistance by non-profit
organisations financed from the European Refugee Fund. Unaccompanied minors
without this status are a target group of the European Fund for the Integration
of Third-Country Nationals, where they receive support from non-profit
organisations financed by the Fund. In Slovenia legislation in the area of international
protection does not permit a person to obtain the status of international
protection solely because he/she is an unaccompanied minor; rather, this status
is granted on the basis of the individual circumstances of the minor
concerned/the validity of the reasons for granting international protection. Spain deals with UAM international
protection by means of both the Alien Law and the Asylum Law. When there is no
possibility of returning the minor, and nine months after being put into the
custody and care authorities, the minor is granted a one year validity
residence permit. This does not prevent return if this can be implemented,
always taking into consideration the best interest of the child. If the minor
is 16, he or she is authorized to work. In Sweden a minor who is a refugee or other person in
need of protection will be granted a status declaration. If an application is
rejected and it turns out during the return process that the minor cannot be
returned, he or she may be granted residence permit on the ground that there is
an impediment to the enforcement. Asylum-seeking children and young people are entitled to health and
dental care on the same terms as children resident in Sweden. They also have the right to education in the public school system, pre-school
activities and school-age childcare. However, school attendance for
asylum-seeking children and young people is not compulsory. In the United Kingdom, the care of
the child is the responsibility of the local authority in the area in which the
child is living. The child will have a social worker who will be
responsible for arranging care that is appropriate for the needs of the
individual child. In asylum cases, the UK Border Agency case owner will
liaise with the social worker at all key points within the asylum
process. All unaccompanied asylum seeking children are also referred to
the Refugee Council Children’s Panel who advise and assist the child, who also
has access to legal representation. The Agency has recently agreed to put in
place procedures by which unaccompanied asylum seeking children will, on
arrival in the UK, have a period of up to four days to recover from their
journey and arrange legal representation before they are subject to any substantive
interviews.
V.3. Resettlement
V.3.1. Actions at the EU level
The Commission will encourage Member States to continue to make maximum use of funding possibilities available under the ERF in relation to resettlement activities. Under the ERF the resettled unaccompanied minors qualify for the
Fund's financial support – as one of the vulnerable groups. Also the recently
adopted 'Joint EU Resettlement Programme' for 2013 lists the unaccompanied
minors as one of the vulnerable priorities eligible for ERF co-funding. Through
ensuring that unaccompanied minors are resettlement priority for the EU, the
Member States participating in the ERF resettlement pledging exercise are more
likely to choose unaccompanied minors to be resettled. This means that more refugee
unaccompanied minors may find a durable solution through resettlement to the
EU. The Commission and Member States should ensure that the specific needs of minors are taken into account when implementing the proposed Joint EU Resettlement Programme. In the preparation of each Regional Protection Programme (done in
close cooperation with the UNHCR) the unaccompanied minors are always taken
into consideration while designing concrete objectives and activities of the
action. For example the resettlement component of Regional Protection
Programmes addresses the needs of the most vulnerable refuges, among them
unaccompanied minors. [1] COM(2012) 554 final. [2] COM(2010) 213 final. [3] Council Conclusions on unaccompanied minors, 3018th
Justice and Home Affairs Council meeting, Luxembourg, 3 June 2010. [4] AT, BE, BG, CY, CZ, DE, EE, EL, ES, FI, FR, HU, IE,
IT, LT, MT, NL, PL, PT, RO, SE, SI, SK UK [5] This category shall not include unaccompanied minors
granted residence permit who are a subject of an asylum application or received
refugee/subsidiary protection or who were granted residence permit for victims
in trafficking in human beings. [6] In accordance with Article 2(i), 'Unaccompanied
minors' means third-country nationals or stateless persons below the age of 18,
who arrive on the territory of the Member States unaccompanied by an adult
responsible for them whether by law or custom, and for as long as they are not
effectively taken into the care of such a person; it includes minors who are
left unaccompanied after they have entered the territory of the Member States'. [7] Adopted, for 2011, as
Commission Decision C(2011)1753 on 22 March 2011 (Point 3.2.4) and, for 2012,
as Commission Decision C(2012)1771 on 22 March 2012 (Point 3.2.2). [8] available on the EMN website at
http://www.emn.europa.eu under "EMN Ad-Hoc Queries/Protection" (no.
367) [9] See http://www.frontex.europa.eu/news/unaccompanied-minors-in-the-migration-process-BakEI5 [10] See also section III.3.1 [11] http://ec.europa.eu/immigration [12] http://ec.europa.eu/immigration/tab3.do?subSec=17&language=7$en#anchor3 [13] Official Journal L 335 of 17.12.2011, pp. 1-14. [14] In the Czech Republic, the Ministry of Labour and
Social Affairs is responsible for questions of guardianship, the Ministry of
Education, Youth and Sports is in most cases responsible for the accommodation
facilities and the Ministry of the Interior is responsible for issues regarding
the stay/residence.