Annexes to COM(2012)554 - Mid-term report on the implementation of the Action Plan on Unaccompanied Minors - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2012)554 - Mid-term report on the implementation of the Action Plan on Unaccompanied Minors. |
|---|---|
| document | COM(2012)554  |
| date | September 28, 2012 |
As regards unaccompanied minors who are asylum seekers, the EU is in the process of completing negotiations on the revision of the asylum acquis that is expected to strengthen the protection of this group of migrants. In December 2011, the Qualification Directive[31] was adopted. The Directive reinforces the provision on the tracing of family members and, for the first time, provides an indicative list of considerations to be taken into account when determining the best interests of the child.
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).[32] The Directive includes new provisions providing assistance, support and protection to unaccompanied children who are victims of trafficking. In particular, Member States are required to take the necessary measures to ensure that the specific actions to assist and support child victims of trafficking in human beings 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 in order to find a durable solution for the child. Furthermore, Member States should also appoint a guardian or a representative from the moment the child is identified by the authorities.
The Commission set up an expert group on unaccompanied minors in the migration process to exchange views and practices on the various issues in this area[33]. The first thematic meeting, held on 21 June 2011, was devoted to guardianship. The meeting confirmed that guardianship is one of the crucial elements of child protection and that, even if there is no single model of guardianship, there are common challenges across the EU such as the need to train guardians. In order to support guardianship networks, the Commission funded the project 'European Network of Guardianship Institutions: Guardianship in practice', which is being implemented by the NIDOS Foundation[34]. It also financed a project led by Defence for Children-the Netherlands, which resulted in the formulation of core standards for guardians of unaccompanied children[35] as well as a project aimed at improving the quality guardianship and care of unaccompanied minors who are asylum seekers in Central Europe[36].
In 2012, EASO has prioritised setting up of the working group on age assessment, delivering technical documentation and a handbook on age assessment[37]. In spring 2012, EASO sent a questionnaire to Member States and civil society organisations to assess current policies and practices in the EU. The results will support future work of the EASO working group and contribute to the development of guidelines.
The expert group on unaccompanied minors made a close examination of family tracing.[38] Its conclusion was that families, legal guardians or appropriate minor caring entities cannot be found, family links cannot be restored and minors cannot be returned to a safe environment without the involvement of countries of origin. Spain and France presented the ways in which they cooperate with countries of origin, and Italy explained how tracing is carried out by IOM. Despite the divergent approaches adopted by Member States to the issue of family tracing, some rules and practices developed at national level could usefully be 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.
The 2010 Comparative report of the Fundamental Rights Agency's (FRA) on Separated, Asylum-seeking children in EU Member States looked at the prospects and experiences of unaccompanied children in 12 EU Member States. It identified good practices and shortcomings of the existing systems in relation to aspects such as accommodation, access to healthcare, education and training, legal representation, the role of social workers, age assessment, family tracing and reunification[39].
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 children. Actions under consideration include promoting the use of the 2010 Council of Europe Guidelines on child-friendly justice, which contains provisions on unaccompanied children. The Agenda also supports and encourages the development of training activities for judges and other professionals at European level regarding the optimal participation of children in judicial proceedings.
In the course of 2011, EASO updated the European Asylum Curriculum module on ‘Interviewing Children’. This module addresses the training needs of asylum officials on issues of gender, trauma and age. It also ensures that interviews with minors are conducted in a child-friendly manner. [40]
Financing continues to be an important part of the practical development of the common EU approach to unaccompanied minors. In 2011, the European Parliament approved a Pilot Project, which is due to provide EUR 1 000 000 of financing for projects on prevention, reception, protection and integration policies for unaccompanied children[41]. By acknowledging the limits of the 'sectoral' approach, the 2011 proposal for a Regulation on the Asylum and Migration Fund[42] brings together financial support for integration, migration, asylum and return management and addresses the needs of different target groups of third-country nationals, including unaccompanied minors, in a more comprehensive and coordinated way.
The way ahead
The EU is committed to revising the asylum acquis by the end of 2012. The Commission has proposed higher standards of protection for unaccompanied children. Attention should be paid to the transposition of the relevant provisions concerning this group of migrants. As far as possible, seminars organised to discuss the transposition of the Directive on Trafficking in Human Beings and the Qualification Directive, as well as other future Directives in the field of asylum, should include discussions on the issue of unaccompanied children.
The Commission will continue to ensure that EU legislation affecting unaccompanied minors is correctly implemented and that potential protection gaps are addressed.
In cooperation with Frontex, EASO will consider additional possibilities for training on handling cases involving children at the EU external borders, which would include age and evidence assessment procedures. It will also facilitate further information exchange and knowledge sharing through a variety of expert meetings on unaccompanied children.
The Commission, supported by EASO and Member States, will continue working on family tracing both in the EU and third countries, with a view to identifying and promoting best practice. The EU and the Member States also should further encourage cooperation with the countries of origin of unaccompanied minors.
The Commission will continue to make financial resources available for projects concerning unaccompanied children. However, efforts to use the funds need to be strengthened. Member States and civil society organisations are invited to submit targeted proposals to further the implementation of the common EU approach on unaccompanied minors. An important contribution could be made by new projects focused on best practice in preventing the disappearance of children from care, improving standards of accommodation and dealing with situations when they reach 18 years of age. Lastly, it is necessary to ensure the availability of financial resources beyond 2013. The future Asylum and Migration Fund should facilitate the funding of projects on unaccompanied minors.
VI. Finding durable solutions
Most EU Member States have transposed the Return Directive[43] into national legislation. This has led to significant improvements in the protection of unaccompanied minors in several Member States. In the course of the transposition of the Directive, those children were the subject of a specific focus during the meetings of the Contact Committee on the Return Directive.
Under the Return Fund, the Commission funded the European Return Platform for Unaccompanied Minors and the European Reintegration Instrument project, run by the Dutch Repatriation and Departure Service, which includes unaccompanied children among its target groups. The Study on Practices in the Field of Return of Minors, which is funded by the Commission, provides Member States with a checklist to achieve good practice when considering the return of children to third countries.[44] The 2011 Work Programme of the Return Fund called for projects for tracing families, monitoring of returned minors and reception centres for returned unaccompanied minors.
The European Refugee Fund and the European Fund for the Integration of third-country nationals give priority to this group of migrants, as long as the relevant activities qualify for higher co-financing.[45]
The amendment in March 2012 to the European Refugee Fund[46] creating the 'Joint EU Resettlement Programme' enhances the EU’s role in providing international protection to unaccompanied minors. By providing financial incentives, the new programme encourages Member States to participate in the resettlement in the EU of unaccompanied children who have been granted refugee status in a non-EU country.
The way ahead
The report on the application of the Return Directive to be prepared by the Commission by December 2013 will, amongst others, closely examine the implementation of the provisions concerning unaccompanied minors.
The Return Fund will continue to make funds available for activities concerning this group of migrants. Member States and civil society organisations are invited to use the full potential of the financial resources available under the Fund.
The Commission will continue to advocate inclusion of unaccompanied children into the resettlement priorities of the Union Resettlement Programme as planned for 2014-2020 by the Asylum and Migration Fund.
VII. Conclusions
The EU Action Plan on Unaccompanied Minors and the Council conclusions have been important steps in shaping a common, rights-based EU approach to this group of migrant children.
The common EU approach has enabled more effective cross-cutting policy reflections on how to address the situation of children, regardless of their migratory status, and has facilitated discussions among EU institutions, national authorities, inter-governmental and non-governmental organisations in different policy arenas, allowing enhanced exchange of knowledge and practices concerning unaccompanied minors. The common EU approach ensured that greater prominence was given to funding measures to address the situation of those children. The explicit recognition of the best interests of the child as the guiding principle has contributed to provisions that ensure increasing protection in the new EU legislative instruments for this particularly vulnerable group of migrants.
The arrival of unaccompanied children on EU territory is not a temporary development, but a long-term feature of migration into the EU. There is and will continue to be a need for a common EU approach to unaccompanied minors in order to continue to respond effectively and in full respect of the rights of the child to this complex and transnational challenge at both national and European level.
During the past two years, the Commission has paid particular attention to ensuring better coordination and consistency among the various legislative, financial and policy instruments relating to unaccompanied children. The actions implemented have contributed to the improvement of data collection, the prevention of unsafe migration and trafficking, the protection of children once they are in the EU and the identification of durable solutions.
However, developing a common EU approach to unaccompanied minors is an on-going and incremental process. It calls for further efforts in terms of sharing knowledge about the phenomenon, and designing and implementing legislative and non-legislative actions to ensure adequate protection of children and, in particular, improving methods of finding durable solutions. In this context, the conference on Unaccompanied Minors, organised by the Danish EU Presidency and Save the Children in June 2012, gave very useful input to the second term of the Action Plan's implementation.
The Commission will continue to prioritise funding for projects involving unaccompanied children. Member States, international and non-governmental organisations are encouraged to use the available financial resources to their fullest potential. Also, once adopted, the future financial instrument – the Asylum and Migration Fund – should ensure coherent funding of activities for this group of migrants. The EU will continue to fund initiatives in third countries and regions through its instruments for external assistance on issues relating to unaccompanied minors.
Other EU institutional actors are also invited to consider what capacity they might dedicate to participating in the development of more effective implementation. As important stakeholders and actors in the arena, international governmental and non-governmental organisations are encouraged to continue to contribute to the implementation of the common EU approach.
The EU and its Member States need to strengthen the efforts they are making to collaborate with non-EU countries of origin, transit and destination in advancing a common EU approach to unaccompanied children. The situation of these children should continue to be addressed in the context of the external migration policy as provided for in the Global Approach to Migration and Mobility. Progress on issues such as re-establishing family unity or ensuring safe return cannot be achieved without the involvement of the countries of origin. Lastly, working with third countries on preventing unsafe migration requires coordination with development and cooperation aid.
[1] COM(2010) 213 final.
[2] Council Conclusions on unaccompanied minors, 3018th Justice and Home Affairs Council meeting, Luxembourg, 3 June 2010.
[3] Commission Staff Working Document, SWD(2012)281
[4] The definition of ‘unaccompanied minors’ derives from Article 2(f) of Council Directive 2001/55/EC.
[5] In 2009, Afghanistan, Somalia and Iraq were the top three source countries for unaccompanied minors in the EU. Frontex (2010) 'Unaccompanied Minors in the Migration Process'.
[6] 'Ad-Hoc query on Unaccompanied Minors – updated facts and statistics', EMN, http://www.emn.europa.eu available under 'EMN Ad-Hoc Queries/Protection' (no. 367).
[7] Particularly in France. Frontex (2010) 'Unaccompanied Minors in the Migration Process'.
[8] 10,845 in 2010, 12 245 in 2009 and 11 715 in 2008 respectively. Eurostat.
[9] Eurostat
[10] Eurostat.
[11] The corresponding numbers for unaccompanied minors who applied for asylum in 2010 were 15 in Spain and 305 in Italy. Eurostat.
[12] For example, in 2011 there were 10 asylum applications submitted by unaccompanied children in the Czech Republic and Lithuania, 20 in Slovakia, 25 in Bulgaria, 55 in Romania, 60 in Hungary and Slovenia. No such applicants were recorded in Estonia and Latvia. Eurostat.
[13] Regulation (EC) No 862/2007.
[14] Eurostat, First permits issued for other reasons by reason, length of validity and citizenship http://appsso.eurostat.ec.europa.eu/nui/show.do?dataset=migr_resoth
[15] Frontex (2010) 'Unaccompanied Minors in the Migration Process'.
[16] 'Ad-Hoc Query_Unaccompanied Minors - updated facts and statistics' Ref. No. 367. EMN website, http://emn.intrasoft-intl.com/html/index.html
[17] Regulation (EU) No 439/2010 of 19 May 2010 establishing a European Asylum Support Office.
[18] 2012 EASO Work Programme, http://ec.europa.eu/home-affairs/policies/asylum/docs/easo/EASO_2011_00110000_EN_TRA.pdf
[19] European Commission Directorate-General Home 'Comparative Study on Practices in the Field of Return of Minors' HOME/2009/RFXX/PR/1002; FINAL REPORT, December 2011, available at http://ec.europa.eu/home-affairs/doc_centre/immigration/immigration_studies_en.htm p 27.
[20] For a full list of projects see the Commission Staff Working Document, above n 3.
[21] Ibid.
[22] Information provided by AT, BE, ES, IT, NL and SE.
[23] Information provided by BG, EL, ES, FI, IE, HU, IT, LT, PO, SI, SK and UK.
[24] Human Rights Dialogues with African Union, Bangladesh, Belarus, Cambodia, Canada, the Candidate countries (Croatia, Former Yugoslav Republic of Macedonia, Turkey), China, Egypt, Georgia, India, Israel, Japan, Jordan, Kazakhstan, Kyrgyzstan, Laos and Lebanon.
[25] EU Guidelines on Promotion and Protection of the Rights of the Child, Council of the EU, EU Guidelines on Human Rights and International Humanitarian Law, 2009.
[26] Action Plan of the Prague process for the period 2012-2016, Annex Point I.3 and II. 4.
[27] Seminar 'Understanding the situation of unaccompanied minors in the US and the EU and sharing best practices in both regions', 31 May 2011, Madrid.
[28] See http://ec.europa.eu/immigration, section 'Avoiding the risks', heading 'Children travelling alone': http://ec.europa.eu/immigration/tab3.do?subSec=17&language=7$en#anchor3.
[29] 'A Budget for Europe 2020', Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, COM(2011) 500 final.
[30] 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 (External Borders Fund) and was focussed on protection of children from the first encounter and resulted in a set of Recommendations.
[31] Directive 2011/95/EU of the European Parliament and of the Council of 13 December 2011 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 (recast). Official Journal of the European Union, L 337/9, 20 December 2011, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:337:0009:0026:EN:PDF
[32] Official Journal of the European Union, L 101/1, 15 April 2011, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2011:101:0001:0011:EN:PDF
[33] Expert group on unaccompanied minors in the migration process (E02402) http://ec.europa.eu/transparency/regexpert/detailGroup.cfm?groupID=2402 The meetings are attended by experts from EU Member States, non-governmental organisations, international organisations, EU institutions and agencies
[34] 2011 European Refugee Fund Community Actions.
[35] Project ‘Closing a protection gap: Core Standards for guardians of separated children in Europe’ run by Defence for Children-the Netherlands was funded under DAPHNE III Programme and was finalised in 2011. Available at http://www.defenceforchildren.nl/images/69/1632.pdf
[36] 'Improving the Quality of Unaccompanied Minor Asylum Seekers' Guardianship and Care in Central European Countries', implemented by the International Organisation for Migration, http://www.iom.hu/PDF/guardianship_brochure.pdf
[37] European Asylum Support Office Work Programme 2012, available at http://ec.europa.eu/home-affairs/policies/asylum/docs/easo/EASO_2011_00110000_EN_TRA.pdf
[38] Meeting of 26 March 2012. http://ec.europa.eu/transparency/regexpert/detailGroup.cfm?groupID=2402
[39] http://fra.europa.eu/fraWebsite/attachments/SEPAC-comparative-report_EN.pdf
[40] http://www.asylum-curriculum.eu/eacweb/Specialised-learning/61-interviewing-children.html
[41] Budget line 18 03 18: 'Pilot Project – Analysis of reception, protection and integration policies for unaccompanied minors'.
[42] Proposal for a Regulation of the European Parliament and the Council establishing the Asylum and Migration Fund, COM(2011) 751 final.
[43] Directive 2008/115/EC, Official Journal of the European Union, L 348/98, 24 December 2012, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:348:0098:0098:EN:PDF
[44] European Commission Directorate-General Home Comparative Study on Practices in the Field of Return of Minors HOME/2009/RFXX/PR/1002; Final Report, December 2011, available at http://ec.europa.eu/home-affairs/doc_centre/immigration/immigration_studies_en.htm p 160.
[45] 75% instead of 50%.
[46] Decision No 281/2012/EU of the European Parliament and of the Council of 29 March 2012 amending Decision No 573/2007/EC establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme ‘Solidarity and Management of Migration Flows’.