C Explanatory memorandum by Ms Sibel
Arslan, rapporteur for opinion
1. I would like to welcome the
excellent report by Ms Mariia Mezentseva (Ukraine, EPP/CD) for the Committee
on Migration, Refugees and Displaced Persons (“Migration Committee”
hereafter). Having an immigrant background myself, I feel strongly
about the situation of migrant and refugee children, and I have already
expressed my support for the work of the Migration Committee on
this subject in my previous opinion on the report on “Effective
guardianship for unaccompanied and separated migrant children” prepared
by Ms Rósa Björk Brynjólfsdóttir (Iceland, UEL).
Note
2. When considering issues of migration, we need to bear in mind
the circumstances which force people to flee their countries and
put their lives and their children’s lives at risk in the process.
In 2021, the European Union registered an increase in crossings
on the Western Mediterranean, the Central Mediterranean, the Eastern
Mediterranean, and the Eastern borders routes, and a 36% increase
in deaths at sea.
Note Most unaccompanied children came
from countries that suffer from high levels of poverty, protracted
armed conflicts, and the impact of climate crisis, such as Afghanistan,
Syria, and Bangladesh.
3. Afghanistan is among the worst conflict-affected countries
for children. Millions of Afghan children are growing up in high-intensity
conflict zones, 38% of children suffer from stunting due to malnutrition,
42 % of children do not attend school, 21% of children are engaged
in child labour, and 1 child in 16 dies before their 5th birthday.
Note Poverty and famine are growing,
without any prospect of improving living conditions. The human rights
of women and girls, including to education, freedom of movement,
and access to the labour market, have been severely curtailed under
the new Taliban government. Young girls, often prepubescent, are
forced into marriage with adult men.
Note In Syria, more than 6.5 million
children need assistance. In just the first three months of 2022,
213 children were killed or injured. Since the beginning of the
crisis in 2011, over 13 000 children have been confirmed killed
or injured.
Note Children in Bangladesh, Afghanistan,
and India face “extremely high” risks from climate change impacts.
Droughts, floods, and river erosion across the region have left
millions of children homeless, hungry, lacking healthcare and safe
water and out of school.
Note In May 2022, over 1.5 million children were
at increased risk of waterborne diseases, drowning and malnutrition
due to extensive flooding in north-eastern Bangladesh.
Note
4. As pointed out by Ms Mezentseva, the Russian Federation’s
ongoing war of aggression in Ukraine has already resulted in the
displacement of millions of children, many of them unaccompanied
or separated. According to UNICEF, the first month of the war alone
led to the displacement of 4.3 million children – more than half
of the country’s estimated 7.5 million child population. This includes
more than 1.8 million children who have crossed into neighbouring
countries as refugees and 2.5 million who are now internally displaced inside
Ukraine.
Note
5. Clearly, the situation of children in the above-mentioned
countries is not compatible with the standards enshrined in the
United Nation's Convention on the Rights of the Child. Their very
lives, their health, and their mental and physical well-being are
under threat. Failure to protect them demonstrates a lack of compassion and
humanity, but also of common sense. Regardless of whether these
children are in danger due to wars, poverty, or climate change,
we need to look for better ways of protecting them, rather than
for ways of protecting ourselves from these children.
6. A Communication from the European Commission to the European
Parliament and the Council from 2017 points out that the protection
of child immigration “starts by addressing the root causes which
lead so many of them to embarking on perilous journeys to Europe.
This means addressing the persistence of violent and often protracted
conflicts, forced displacements, inequalities in living standards,
limited economic opportunities and access to basic services through
sustained efforts to eradicate poverty and deprivation and to develop
integrated child protection systems in third countries”3.
I believe that it would be important to mention the need to address
the root causes of child immigration in the present draft resolution (Amendment A).
7. I fully agree with the report’s recommendation that all member
States need to adopt a common approach whereby unaccompanied and
separated migrant and refugee children are, first and foremost,
considered as children. I believe that is important to acknowledge
that age assessment procedures play a crucial role in determining
whether someone is entitled to protection as a child and that ensuring
that such procedures are human rights compliant is a very delicate
and difficult task. The Assembly has considered this issue in depth in
the report entitled “Child-friendly age assessment for unaccompanied
migrant children”.
Note Furthermore, Ms Mezentseva refers
in her explanatory memorandum to the draft Recommendation relating
to Human Rights Principles and Guidelines on age assessment for
children, which should soon be discussed at the level of the Committee
of Ministers of the Council of Europe for its adoption. It would
be important to consider and build upon the Council of Europe guidance
on this topic.
8. While acknowledging the importance of legal procedures and
clear guidance, we should not lose sight of the approximative nature
of age assessment procedures, the potential for errors, and the
devastating consequences for the persons concerned. When Gulwali
Passarlay, a dedicated advocate and spokesperson for refugees and
asylum seekers,
NoteNoteNote arrived in the United Kingdom after
a perilous journey that lasted over a year, he was 13 years old.
The immigration centre officials estimated his age as 16-and-a-half.
They said that he could not have travelled so far when he was still
so young, and that he was too smart to be 13. Yet, he had travelled,
all alone, so far. It is hardly surprising that this 13-year-old
child did not look or behave like a child, after what he had been
through. Children like him need protection and care, not inhumane
and degrading “processing”. Furthermore, if Gulwali Passarlay had
been found to be under 16, the Home Office would have had to put
him in school and in foster care and given him the legal rights
of a child. Instead, he was placed in an independent living centre
with adult asylum seekers and told that in a year and a half he
would be deported back to Afghanistan. Gulwali tried to kill himself
twice in the months that followed. While there is no simple way to
improve the treatment of migrant and refugee children, at the very
minimum we need to ensure that basic human rights principles and
safeguards are respected in the framework of age assessment, and
that inhumane and degrading treatment is prevented
(Amendment B).
9. According to UNICEF, between January and June 2020, a total
of 74 635 decisions were issued on child asylum claims by national
authorities across Europe. Among those, 60% were positive, and rejections
were received for 40% of applications, including 79% of applicants
from Nigeria, 43% of applicants from Iraq, 25% of applicants from
Afghanistan, and 8 % of applicants from Syria. This means that almost
half of child asylum claims are being rejected in Europe. A significant
number of these rejections concern children from countries that
are impoverished and affected by armed conflicts and the climate
crisis. In this context it might be worth recalling that Türkiye
alone currently hosts a population of over 3,5 million refugees.
In comparison, the total of 74 635 child asylum claims in Europe
seems relatively modest. There is certainly a considerable margin
for a more generous approach to asylum for children on our continent.
10. I welcome the reference to the transition out of care in the
draft resolution. Indeed, turning 18 is a critical phase for migrant
and refugee children. We need to prevent children from “ageing out”
into undocumented adulthood, and to ensure that they can access
support and services that they need during this crucial stage of their
life, including housing, health care and education
Note (Amendment
E).
11. With respect to the proposal to facilitate the creation of
a European platform for the exchange of knowledge, practical know-how
and best practices, it seems to me that there exist already relevant
bodies and platforms that allow for such exchanges. In 2021, the
Committee of Ministers of the Council of Europe adopted an Action
Plan on Protecting Vulnerable Persons in the Context of Migration
and Asylum in Europe (2021-2025).
Note The Special Representative of the
Secretary General on Migration and Refugees (whose mandate was established
in 2016) provides advice on how the Council of Europe can support
its member States facing current challenges in the field of migration.
Note The Network of Focal Points on Migration
was launched in 2019 with the aim of facilitating the exchange good
practices and enhancing co-operation between the different stakeholders
in the member States and the Council of Europe.
Note Considering the limited amount of
available resources, we might wish to focus on strengthening the
existing platforms
(Amendment C).
12. Finally, I am convinced that a lot can be learned from the
experience with refugees from Ukraine. The general public in Europe
is genuinely generous and compassionate. Raising awareness of the
plight of unaccompanied and separated migrant and refugee children,
as well as of the potential of their positive contribution to our
societies, would help build support for more humane policies in
this area. I hope that a proposal in this direction can be integrated
into the present resolution (Amendment
D).
13. To conclude, I would like to use this opportunity to call
on all the members of the Assembly to actively promote child-friendly
migration policies in their countries. Offering migrant and refugee
children support and protection is a human rights obligation and
a vital investment in the future well-being of our societies.
