This project is funded by the European Union Implemented by

Achieving Durable Solutions for Unaccompanied Children:

Common Challenges and Solutions

Mikaela Hagan, mikaela.hagan@rb.se

Mexico City, 30 May, 2016

European refugee/migrant situation

• 190, 960 arrivals by sea in 2016 (of whichalmost 67 000 are children)

• 1, 015,078 arrivals by sea in 2015

• 1375 dead/missing in 2016

• 79 % of arrivals come from the world’s top 10 refugee-producing countries

• Syria 41 %, Afghanistan 21 %, Iraq 13 %

• The EU- Turkey agreement

2Source: UNHCR, May 22

Unaccompanied asylum-seeking children in the EU

• 88 300 asylum seekers were considered to be minors in 2015

• Majority of children were boys and half of the childrenwere between 16 and 17 years old

• More than half of the children were Afghans

• 40 % applied for asylum in Sweden, 16 % in Germany, 10% in Hungary and 9% in Austria

• Half of the Afghan children applied for asylum in Sweden

• 16 % of the children were from Syria

31/05/2016 3Source: EUROSTAT

The MIEUX mission to Mexico

• The UN Convention on the Rights of the Child (CRC)

• General measures of implementation

• Durable solutions

• The best interests principle

• Best interest assessment and determination

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UN Convention on the Rights of the Child: Article 3, The best interest principle

In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.

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Durable Solutions for Unaccompanied Migrant Children

• Local integration

• Return and reintegration

• Third country solution

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CRC Recommendations

• To ensure that the best interests principle is appropriately integrated and consistently applied in all legislative, administrative and judicial proceedings and decisions (Mexico)

• To develop procedures and criteria to provide guidance to all relevant persons in authority for determining the best interests of the child (Mexico)

• Ensure that the principle of the best interests of the child is the basis of, and guides the process of, all decisions, especially in asylum cases involving children, including by the provision of regular training to staff of the Migration Board and the social welfare authorities; and increase training on best interests determination (Sweden)

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Common challenges

• Dealing with high numbers of unacompanied children

• Best interest assessment and determination

• Inter-agency cooperation

• Family reunification and return (evaluation and monitoring)

• Cross border cooperation

• Identifying and supporting child victims of crimeincluding victims of trafficking

• Access to justice for victims of crime

• Assistance and integration

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CONNECT: Challenges and mitigating measures

• The double responsibility of states -role of immigration and protection actors

• Fragmentation of law

• Decentralisation of reception

• National strategies

• National coordinatingagency

• Integrating service provisions

• Specialised skills and tools

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Solutions

• A multidisciplinary process

• Participation of various actors with different expertise

• Ensuring that all information is collected and made available to different actors

• Integrating welfare concerns into asylum or immigration hearings

• A joint file

• One single procedure?

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Integrated child protection systems

1. Every child is recognised, respected and protected as a rights holder, with non-negotiable rights to protection.

2. No child is discriminated against.

3. Child protection systems include prevention measures.

4. Families are supported in their role as primary caregiver.

5. Societies are aware and supportive of the child's right to freedom from all forms of violence.

6. Child protection systems ensure adequate care

7. Child protection systems have transnational and cross-border mechanisms in place

8. The child has support and protection

9. Training on identification of risks

10. There are safe, well-publicised, confidential and accessible reporting mechanisms in place:

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