Children in asylum procedures:

Child Notices: country of origin reports 2013-2015

Project “Better information for durable solutions and protection ” (UNICEF Sweden, UNICEF Belgium and UNICEF The Netherlands)

The development of child specific country of origin reports (Child Notices)

2013-2015

Make children visible

• 2013: > 12,000 unaccompanied minors applied for asylum in EU countries • Children in families • Children as (hidden) victims of human trafficking • Afghanistan, Somalia, Syria

Best interest of the child

– Article 3 UN CRC:

in all actions concerning children the best interest of the child should be a primary consideration

– General Comment nr 14 – 2013:

Assess and determine the best interest of the child while looking for a durable solution

Key features

– Be informed by the CRC – Be holistic – Ensure child participation through child-friendly procedures and proper information and support – Should consider a range of solutions – Demonstrate and document that the child’s best interests have been a primary consideration – Be multi-disciplinary – Due process – safe guards

General Comment UNCRC

General Comment No 14 (2013) on implementation of article 3 CRC: –

Best Interest Assessment

: find out what are the relevant elements in a best-interest assesssment, give them concrete content, and assign a weight to each in relation to the other –

Best Interest Determination

: the formal proces with procedural safeguards to determine the best interest of the child

Best Interest Assessment

Non-exhaustive and non-hierarchical list of elements: • The child’s view • The child’s identity • Preservation of the family environment and maintaining relations • Care, protection and safety of the child • Situation of vulnerability • The child’s right to health • The child’s right to education

BID in asylum procedures

• Child’s claim for international protection -> a BID is a necessary element; what is the best, durable solution for this child?

– (UNHCR Guidelines, GC No 14, BIC-model) • What do you need for a BID?

-> information! General and individual • Country of origin information reports (COI) -> lack of child-specific information

Durable solution

A durable solution is a

sustainable

solution that ensures that children are able to develop into adulthood, in an environment which will meet his or her needs and fulfils his or her rights, as defined by the CRC, and will not put the child at risk of persecution or serious harm.

Possible Durable Solution

Durable solution

 Those involved should conduct a comparison of possible (durable) solutions ..and weigh possible competing rights of the child …  and assess which durable solution will best enable the child to exercise his/her full range of rights

Possible Durable Solutions

“Non-rights-based arguments such as those relating to general migration control, cannot override best interests considerations ”

General Comment No 6 – Committee on the Rights of the Child

Child Notice

A Child Notice: – Gives information on countries of origin of children on the move: • Identifying potential (child and gender-specific) forms and manifestations of persecution • Identifying other factors relevant to decisions as to whether remaining in the host country or return is in the best interests of the child, including local responses to returnees – Is essential in assessing the best interest of the child and the effect of decisions on children.

Project

“Better information for durable solutions and protection” (December 2013 – December 2015), financially supported by the European Commission) 3 parts: 1. Child notices: 1. Methodology 2. 8 reports (Albania, Afghanistan, Guinee, Morocco) 2. The use of the Child notices by target groups 3. Advocacy on the use of the Child notices in best interest assessment

Content Child Notice

• • Based on UN CRC

General principles

• Non discrimination • Best interest of the child • The right to life, survival and development • Respect for the views of the child

Basic rights

• Health • Nutrition Child protection • Water, Sanitation and Hygiens • Education

•

Specific vulnerable groups of minors

• Children of refugees and Internally Displaced People • Orphans, unaccompanied minors and seperated children • Children with a handicap • Victims of child trafficking • (Ex) child soldiers • Potential victims of FGM • Other vulnerable minors

Child-specific forms and manifestation of persecutions

•

Age, lack of maturity, vulnerability

• Under-age recruitment • Child trafficking • FGM • Family and domestic violence • Forced or underage marraige • Bonded or hazardous child labour • Forced prostitution and child pronography • Violations of economic, social and cultural rights

Limits of COI

• Not every event or situation, especially those of a minor nature, is reported or available • Available information can be contradictory • Reliability of certain sources cannot be assessed • Overload of information makes it difficult to select information in a balanced manner

Challenges

• Local research – monitoring is done at a distance • How to balance the information • How to assess sources • How to keep information up to date • Enough detail • Availability of regional information • Lack of statistical data and child-specific data • Difficulty to report on non-state persecution • Limited budget - limited time for research • Proper use of the Child Notice