Publications
National Assessments
IRELAND - Questionnaire for Country Assessment
12. DURABLE SOLUTIONS (SGP:C12)
Remaining in a Host Country or Country of Asylum (SGP:C12.1)
Grounds for a child remaining in a host country(SGP:C12.1.1)
a) Please describe relevant law, policy and practice in your country.
The grounds by which a separated child can remain in Ireland are currently the same as those applicable to adults. These grounds are governed by the administrative procedures for processing asylum claims in the State as set out in the letter of 10th December 1997 from the Department of Justice, Equality and Law Reform to the UNHCR. The grounds are as follows:
the minor is granted Convention Status.
the minor is granted Temporary Leave to Remain.
the minor is granted Temporary Protection, as defined by the UNHCR.
Section 3 (6) of the Immigration Bill 1999 () states as follows:
"In determining whether to make a deportation order in relation to a person, the Minister shall have regard to -
(a) the age of the person;
(b) the duration of residence in the State of the person;
(c) the domestic circumstances of the person;
(d) the nature of the person’s connection with the State, if any;
(e) the employment (including self-employment) record of the person;
(f) the employment (including self-employment) prospects of the person;
(g) the character and conduct of the person both within and (where relevant and ascertainable) outside the State (including any criminal convictions);
(h) humanitarian considerations;
(i) any representations duly made by or on behalf of the person;
(j) the provisions of section 5 (prohibition of refoulement) of the Refugee Act, 1996;
(k) the common good; and
(l) considerations of national security and public policy,
so far as they appear or are known to the Minister.
If a separated child is granted refugee status in the State, i.e. that his or her application for asylum is successful, he or she is granted full permission to remain in the State. The separated child would be issued with a certificate of registration (residency book) and would be granted the same social welfare and educational rights as Irish nationals. The separated child would also be given the right to apply for travel documentation.
Owing to a conflict in the country of origin or the impossibility of tracing the child’s parents, a child may be granted temporary leave to remain in the State, normally for the period of one, three or five years. The separated child is afforded the same social welfare and educational rights as an Irish minor. The separated child may apply for an extension of the permission to remain at the end of the designated period.
Department of Justice, Equality and Law Reform has stated that in practice no separated child would be returned to the country of origin if the parents or care-givers were untraceable. No separated child has ever been returned to his or her country of origin after the completion of the asylum procedure.
b) To what extent does this conform to the Statement? Please outline in brief.
The practice of the Department of Justice, Equality and Law Reform in relation to remaining in a host country or country of asylum is in conformity with the Statement.
c) Are any changes needed? In relation to any first principles?
The Irish Refugee Council recommends that formal policy be developed in relation to separated children remaining in the host country or country of asylum. It is underlined that as minors, separated children have special needs and that all decisions made with regard to them, should be made in light of the best interests of the child. Separated children who have been granted temporary leave to remain in the State should have the right to apply for family reunion.
Policy and practice in this area should ensure that mechanisms are put in place to facilitate the long-term placement of the minor in the community and his or her integration into the host country. Co-ordination between government agencies, schools, organisations and care institutions should be improved to increase the level of protection offered to the child and to ensure that the separated child can access all services effectively and without discrimination of any kind ().
It is also notable that the application for permission to remain in the State is lengthy and there is no official prioritisation of applications made by separated children and young persons. The Irish Refugee Council recommends that an official policy of prioritisation should be developed at this point of the procedure to avoid unnecessary and detrimental delays.
Family Reunification in Host Country (12.1.2)
d) Please describe relevant law, policy and practice in your country.
Family reunion in Ireland is governed by Section 18 of the 1996 Refugee Act, which forms part of the Immigration Bill 1999 (). Family reunion applies only to those applicants with refugee status and not to asylum seekers awaiting a final decision. It applies equally to separated children as to other adult refugees.
Only on humanitarian grounds have asylum seekers been given the right to family reunion. This is conditional upon their signing a document stating that they will leave the country if they do not succeed in their application for refugee status. To date no separated child seeking asylum or with refugee status has either applied for or has been granted family reunion. In practice, family reunification is carried out by the Department of Justice, Equality and Law Reform.
e) To what extent does this conform to the Statement? Please outline in brief.
Ireland ’s current policy and practice in relation to family reunion and separated children in the State does not conform to the Statement in that there is no differing policy or practice for separated children and adult asylum seekers.
f) Are any changes needed? In relation to any first principles?
Changes are needed in the application of family reunion in Ireland . Given their extreme vulnerability, it is the Irish Refugee Council’s view that separated children’s applications for family reunion should be prioritised as a matter of policy. A departmental commitment should be engaged to ensure that such claims are dealt with in an expeditious manner as possible to enable them to then apply for family reunion once they have been given permission to remain.
Integration (SGP:C12.1.3)
g) Please describe relevant law, policy and practice in your country.
The Child Care Act 1991 () places a statutory duty on health boards to promote and protect the welfare of children who are not receiving adequate care and protection. The provisions of this Act apply to refugee and asylum seeking children in the State.
Regulations under the Act govern the placement of children by health boards in residential care, foster care and with relatives. They require health boards to visit, supervise and review children in their care on a regular basis. While in law, this applies to separated refugee children in Ireland , in practice, separated refugee children upon arrival are placed under the care of the statutory health boards, but are not admitted to care. This is also regulated by the Immigration Bill of 1999 ().
Foster Care
The Child Care (Placement of Children in Foster Care) Regulations 1995, set out requirements to be complied with by health boards in relation to the placing of children in foster care. They also refer to the supervision, review and visiting of foster children and the removal of children from placements in accordance with the relevant provisions of the Child Care Act ().
Procedures by which a separated child can be placed with foster parents are the same as those procedures pertaining to Irish children. As such there are no specific polices and procedures pertaining to separated refugee children in the State. To date one separated child in Ireland who has been granted refugee status has been placed in foster care.
Aftercare
Section 45 of the Child Care Act 1991empowers health boards to provide assistance to young people who leave care until they reach 21 years of age, or beyond that age until the completion of full-time education. Such aftercare may take the form of continuous monitoring by a Health Board, arranging accommodation or contributing towards maintenance while continuing at school or college ().
h) To what extent does this conform to the Statement? Please outline in brief.
There is a lack of adequate procedures to individually assess the care needs of a separated child. There is an absence of a centralised record of all the relevant data concerning the child.
While the Statement recommends that unaccompanied minors aged 15 and 16 be placed in foster care, only one separated child in the asylum procedure has been placed in a foster family. There are no group homes catering specifically for older separated children. The majority of separated children live independently and are not assigned any specific person to provide particular support or advice.
i) Are any changes needed? In relation to any first principles?
Owing to the fact that only a very small percentage of minors have been granted permission to remain in the State, it is difficult to assess the practice in relation to integration.
The Irish Refugee Council recommends that, where children are granted permission to remain in the State, clear procedures should be put in place to facilitate the assessment of the child’s needs and the expeditious placement of the separated child in an appropriate care situation. Furthermore, the principle of the child’s right to participate should be at all the times adhered to.
While after-care is thus provided for, the problem lies in the fact that if a child is not actually admitted to care, they do not benefit from the after-care provisions as laid down. If a child is actually eligible for after-care services, according to the Act, the health boards are ‘empowered’, rather than ‘obliged’ to provide after-care services.
Adoption (SGP:C12.1.4)
j) Please describe relevant law, policy and practice in your country.
Adoption procedures are regulated by the Adoption Act of 1998 () which amends and extends the law relating to the adoption of children regulated in the Adoption Act 1952 and the Adoption Act of 1991 (). At an international level, Ireland participated in the preparation of the Hague Convention on Protection of Children and Co-operation in respect of Inter-country Adoption which was completed in May 1993.
Legislation is currently being prepared to enable the State to ratify this Convention. In relation to prospective cases for separated refugee children as adoption candidates, the Adoption Board, the independent statutory body to which all applications for adoption are made, follows the UNHCR guidelines on this issue (). No separated refugee child has ever been adopted in the State.
k) To what extent does this conform to the Statement? Please outline in brief.
Not applicable.
l) Are any changes needed? In relation to any first principles?
As outlined in the Statement of Good Practice adoption is rarely a suitable option for a separated child. It is essential that prior to adoption being considered as a viable option for a separated child, there must be a rigorous assessment of the family circumstances in the country of origin.
Furthermore the Irish Refugee Council would advocate that the Convention on the Protection of Children and Co-operation in Respect of Inter-country Adoption 1993, signed in 1996, be ratified.
Identity and Nationality (SGP:C12.1.5)
m) Please describe relevant law, policy and practice in your country.
The Irish Nationality and Citizenship Acts of 1956 and 1986 contain provisions for the naturalisation process. According to the statutory provisions, non-nationals legally residing in the State for a minimum period of five years in the nine year period preceding the date of application will be entitled to apply for naturalisation.
In accordance with provisions outlined in immigration law, the Minister for Justice, Equality and Law Reform retains the power to waive these conditions. This has been the cases in the naturalisation of Bosnian Program refugees in Ireland who have been naturalised following a three year period of residence in the State. Sources from the Immigration Division of the Department of Justice, Equality and Law Reform have stated that this waiver could also apply to unaccompanied children if the situation arose ().
In practice those who have been granted refugee status are allowed to lodge an application for naturalisation following the determination of their status. The examination of their application for naturalisation is currently taking an average of eighteen months.
To date there has been no case of a stateless separated child in the State. However the 1986 Immigration Act introduced a new clause in which the Minister has the discretion to waive the conditions for the acquisition of citizenship. By extension, these conditions might also be waived where the applicant is a stateless person within the meaning of the UN Convention Relating to the Status of Stateless Persons of 1954.
Identification is also granted in the form of a registration certificate (residency book) which indicates that the holder is legally residing in the State. The same document is used to prove residency rights for non-EU nationals who in accordance with immigration law are entitled to remain in the State for a limited period.
With respect to travel documents, if a separated child has been granted refugee status, he or she can apply for it. In the case of an unaccompanied minor aged 16 onwards the travel document will be issued automatically once all the required documentation has been forwarded to the Immigration Division. In certain cases the minor may be called for a brief interview with the granting officer. If temporary leave to remain is granted, an informal travel document may be granted at the discretion of the Department for a specific travel requirement.
n) To what extent does this conform to the Statement ? Please outline in brief.
As described above, there is no record of any stateless separated child in Ireland . Provisions regulating naturalisation would equally apply to stateless separated children once their legal status has been regularised. As such if the minor is granted refugee status or if he or she legally resides in the State for a five year period, he or she would be entitled to apply for naturalisation. It remains however at the discretion of the Minister for Justice, Equality and Law Reform to waive the time requirements.
o) Are any changes needed? In relation to any first principles?
The Irish Refugee Council advocates that all separated children should be fully informed of their entitlements under immigration law and about the procedures to exercise them. The Irish Refugee Council further recommends that if a case of stateless separated child arise that the Minister should use his discretionary powers to waive the residency requirements and grant citizenship to the minor avoiding unnecessary delays.
Family Reunification and Returns to a Country of Origin (SGP:C12.2)
Voluntary Return (SGP: C12.2.1)
p) Please describe relevant law, policy and practice in your country.
It has never arisen in Ireland that a separated child has requested to return voluntarily to their country of origin. However, if this were to arise, there is no formal scheme of assisted voluntary return from the State to a country of origin.
The Immigration Division of the Department of Justice, Equality and Law Reform has stated that a formal scheme of voluntary return is something that needs to be established in the future ().
Settlement in Third Country. ( SGP: C12.3)
There are currently no statutory or policy instruments in place to regulate settlement in a third country. No separated child in Ireland has been resettled in a third country.
q) To what extent does this conform to the Statement? Please outline in brief.
As outlined in the Statement of Good Practice this is a complex area and detailed guidelines should be in place to regulate it. There is currently no legislation or policy in place regulating both the return of a separated child to his or her country of origin or to a third country. Programmes have not been developed to facilitate the safe return of a separated child to his or her country of origin or to a third country.
The Department of Justice, Equality and Law Reform has stated that no unaccompanied minor has been transferred to a third country. Guidelines and procedure are not in place in order to assess if this measure would be in the best interest of the child and to ensure that the decision is reached in accordance with certain safeguards.
r) Are any changes needed? In relation to any first principles?
It would seem that there is a definite need for a formal scheme of voluntary return to be developed. Procedures should be put in place in order to allow for the examination of the possibility of transferring a separated child to a third country if the child has a family member in the third state who is willing and able to care for him or her. The decision should be reached in light of the best interests of the child and with regard to his or her wishes.
Conditions that must be fulfilled prior to return (SGP: C12.2.2)
s) Please describe relevant law, policy and practice in your country.
In the case of separated children seeking asylum in the State, the Department of Justice, Equality and Law Reform can only examine the possibility of returning a separated child to his country of origin once the applicant is no longer in the asylum procedure. According to the Procedures for processing asylum claims () when an asylum seeker is refused leave to land the decision will have suspensive effect and the person will not be removed from the State. The suspensive effect of the refusal of leave to land will remain until either the application is transferred to another Convention Country or the application is manifestly unfounded, abandoned or refused.
Once the applicant is no longer in the asylum process, it is the responsibility of the Immigration Division to determine the legal status of the person in the State and to adopt any measures regarding same. The Aliens Act 1935 ( ) gave extensive powers to the Minister for Justice, Equality and Law Reform to issue a deportation order requiring any non-national to leave the State. In February of 1999, the High Court ruled that the Minister for Justice, Equality and Law Reform’s power to deport was unconstitutional and outside his powers under the Alien Act ().
The Immigration Bill 1999 () amends the Aliens Act of 1935 and makes provisions for the control of non-nationals in the State. The Bill deals with the procedures for the expulsion of non-nationals in general and does not provide any special procedures for the deportation of a separated child.
It is the responsibility of the Immigration Division to determine whether a separated child shall be return to his or her country of origin. In accordance with the Immigration Bill 1999 (), a person who has been notified of the Minister’s proposal to make a deportation order may make representations in writing to the Minister. According to the provisions of the Bill the Minister will consider the representations duly made to him and notify the applicant of his or her decision on it.
In practice, it would appear that it is the minor’s legal representative responsibility to forward all relevant information with regard to the possible return of the minor to his or her country of origin to the Minister. According to the Immigration Bill () the Minister will have regard to the age of the applicant and to humanitarian considerations amongst other grounds. There is no provision allowing for special procedures to deal with the special needs of a separated child.
t) To what extent does this conform to the Statement? Please outline in brief.
The Department of Justice, Equality and Law Reform does not as yet have policy in place as to how to deal with the return of a separated child to the country of origin. Currently as Irish policy and procedures stands, a separated child could be returned to his or her country of origin without special regard to the conditions outlined in the Statement that should be fulfilled prior to return.
u) Are any changes needed? In relation to any first principles?
The Irish Refugee Council recommends that procedures should be put in place in order to assess if the return of the separated child is viable. The Statement of Good Practice advocates the establishment of an independent organisation or person to make an assessment of the conditions in the country of origin, the family situation in the home country and the ability of the care-givers (either the family or child-care agencies) to provide appropriate care.
Furthermore, mechanisms should also be created in order to ensure that the minor is fully informed at all stages and that he or she is provided with adequate support and counselling. It is also desirable that young people who arrived in the State as minors and have reached the age of eighteen should be treated in a generous manner and that full regard should be given to their vulnerable status.
Programmes and Aid to Facilitate Reintegration (SGP:C12.2.2)
v) Please describe relevant law, policy and practice in your country.
To date in Ireland no separated child has been returned to his or her country of origin. As a result there are no procedures in place to ensure their successful reintegration.
w) To what extent does this conform to the Statement? Please outline in brief.
To date the Irish government has not developed programmes or schemes to facilitate the safe return of a separated child to his or her country of origin.
x) Are any changes needed? In relation to any first principles?
A programme should be created in order to facilitate the return of a separated child to his or her country of origin. This programme should aim to assist the re-integration of the child and where possible, provide support to the child’s family and community.
Settlement in a Third Country (SGP:C12.3)
y) Please describe relevant law, policy and practice in your country.
There are currently no statutory or policy instruments in place to regulate the settlement in a third country. No separated child in Ireland has been resettled in a third country.
z) To what extent does this conform to the Statement? Please outline in brief.
The Department of Justice, Equality and Law Reform has stated that no separated child has been transferred to a third country. Guidelines and procedures are not in place in order to assess if this measure would be in the best interests of the child and to ensure that the decision is reached in accordance with certain safeguards.
zz) Are any changes needed? In relation to any first principles?
Furthermore, procedures should be put in place to allow for the examination of the possibility of transferring a separated child to a third country if the child has relative there who is willing and able to care for him or her. The decision should be reached in light of the best interests of the child and with regard to his or her wishes.
13. DATA COLLECTION
Good data on separated children is required to assist the implementation of good practice.
a) Who should be responsible for collecting data on separated children? Please consider both government departments and NGOs.
The Irish Refugee Council considers that it is the responsibility of the Department of Justice, Equality and Law Reform, the Department of Health and Children, the Department of Education and the health boards to collect accurate and complete data on separated children. A centralised database containing all the relevant information concerning the minor should be created in order to ensure a more efficient and adequate service and improve inter-departmental coordination.
b) What sort of data is required? From government? From NGOs?
The Irish Refugee Council recommends the introduction of one of the recommended UNHCR questionnaires () for the collection of the child’s social history. This sample provides for the creation of a record on:
Personal details: Name, sex, place of birth, nationality, religion, education, last address, personal belongings (...).
Family Members. Name, date of birth, address, relationship (...).
Non-family members important to the child (...).
Circumstances when the child was founded/identified (...).
Information on the child’s separation from the family: Date, reasons (...).
Information about the child’s life before and since separation (...).
Information about the child’s physical condition, health and past medical history (...).
Educational background (...).
Current situation- Present care arrangements (...).
Information on the child’s wishes, plans for the future (...).
Other information (...).
These should be circulated to relevant child care organisations, the health boards and non-governmental organisations working with separated children. The information should centralised and available from one body. Adequate measures to preserve confidentiality of information and the privacy of the individual should be put in place.
c) Please provide any current (1997-1999) data on separated children which is available ( from both government and NGOs). We appreciate that at this time most of this data will relate to asylum applications by separated children.
The data available on separated children refers only to those seeking asylum.
|
|
1996 |
1997 |
1998 |
1999 (up to 31/08/99) |
|
Number |
2 |
9 |
20 |
25 |
|
Gender |
|
|
|
6 (F) 19 (M) |
Further information is available from the Irish Refugee Council.
14. INTERNATIONAL INSTRUMENTS
Please indicate whether your country has signed or fully ratified the following international and regional conventions and covenants. As well please indicate whether rules and guidelines are being implemented.
1. Refugees.
1951 UN Convention relating to the status of Refugees. Ratified: 29.10.56
1967 Protocol relating to the Status of Refugees. Ratified: 06.11.68
UNHCR:
-The Handbook on Procedures and Criteria for determining Refugee Status, paras 213-216
-Guidelines on Policies and Procedures in dealing with Unaccompanied Children Seeking Asylum, 1997.
The Department of Justice, Equality and Law Reform states that both are followed in the asylum determination process.
2. International Human Rights Instruments.
UN Declaration on Human Rights, 1948.
International Covenant on Civil and Political Rights, 1966
Ratified: 08.12.89 (opt pro R: 08.12.89)
International Covenant on Economic, Social and Cultural Rights, 1966
Ratified: 08.12.89
Convention on the Reduction of Statelessness, 1961
Ratified: 18.1.73
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol 11)
Signed: 1977
Protocol Additional to the Geneva Convention of 12 August 1949, and relating to the protection of Victims of Non-International Armed Conflicts (Protocol 11)
Signed: 1977
Convention against Torture, 1984, Art. 3
Signed: 28.09.92
Convention for the Elimination of All Forms of Racial Discrimination (1966)
Signed: 21.03.78
3. Children - International and Regional Instruments
UN Convention on the Rights of the Child, 1989
Ratified: 29.09.92
UN Standard Minimum Rules for the Administration of Juvenile Justice (25 Nov., 1985)
UN Rules for the Protection of Juveniles Deprived of Their Liberty ("Beijing Rules") 1990
European Convention on the Repatriation of Minors, 1970
Not Signed
European Convention on the Exercise of Children’s Rights, 1996
Signed: 19.06.96
4. Hague Conference on Private International Law
Convention for the Protection of Minors, 1961
Not Signed
Convention on the Civil Aspects of International Child Abduction, 1980
Ratified: 01.10.91
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993 and the associated "Recommendation on the Application of the Convention to Refugee Children"
Signed: 19.06.96 But Not Ratified
Convention on Jurisdiction, Applicable Law, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, 1996
Not Signed
(The protection of Children (Hague Convention) Bill, 1998 () will enable the Irish government to ratify the Convention.)
European Union
5. Joint Action to Combat Human Trafficking and the sexual Exploitation of Children, Feb. 1997.
The Child Trafficking and Pornography Act, 1998 gives effect to the provisions of the EU Joint Action against Trafficking in Human Beings and the Sexual Exploitation of Children, in so far as it applies to children. The Act strengthens and updates the legislative measures which aim to protect children from sexual exploitation by targeting two manifestations of such exploitation, child trafficking and child pornography. Work is at the preliminary stage on new legislation which will introduce similar provisions in relation to trafficking in adults ().
6. Council Resolution on unaccompanied minors who are nationals of third countries, June 1997.
The provisions of this resolution are provided for in Section 8(5) and 18 of the Refugee Act 1996 as Amended by the Immigration Bill 1999. Although these sections are not yet in force the Department’s practice is to act in accordance with the spirit of the provisions.
7. Europe
European Convention for the Protection of Human Rights and Fundamental Freedoms, 1950 :
Ratified: 25.02.53
Protocol 1 Ratified: 25.02.53
Protocol 2 Ratified: 09.12.63
Protocol 3 Ratified: 12.09.63
Protocol 4 Ratified: 29.10.68
Protocol 5 Ratified: 18.02.66
Protocol 6: Ratified: 24.06.94
Protocol 7 Signed: 11.12.84
Protocol 8 Ratified: 21.05.88
Protocol 9 Ratified: 24.06.94
Protocol 10 Ratified: 24.06.94
Protocol 11: Ratified: 16.12.96
Dublin Convention, 1990 :
Implemented by Statutory Instrument No. 360 of 1997
Schengen Convention, 1990 :
Not party to.
European Union
8. Joint Position on the Harmonised application of the definition of the term "refugee" in Article 1 of the 1951 Geneva Convention relating to the status of refugees, Council of the EU, March 1996
According to the Department of Justice, Equality and Law Reform no specific measures have been taken to implement this measure.
9. Resolution on Minimum Guarantees for Asylum Procedures, June 1995
Procedural guarantees are provided for in the Refugee Act 1996 as amended by the Immigration Bill 1999. Pending the full implementation of the Refugee Act 1996, administrative procedures are followed by the Asylum Division.
10. Resolution on manifestly unfounded applications for asylum, 1992
This is provided for in Section 12 of the Refugee Act 1996 as amended by the Immigration Bill 1999. Pending the full implementation of the Refugee Act 1996, provision is made at paragraphs 12-14 of the Procedures for processing asylum claims.
11. Resolution on a harmonised approach to questions concerning host third countries, 1992
This concept is not provided for in Irish legislation
12. Conclusions on countries in which there is generally no serious risk of persecution,1992
This concept is not provided for in legislation or under administrative practice.
13. Resolution on the harmonisation of national policies on family reunification, June 1993
At the present time, Ireland has not adopted any specific legal provisions to give effect to this resolution. The provisions are instead implemented through administrative practice, in a manner which is regarded as being compliant with the terms of the resolutions.
Council of Europe
European Social Charter, 1961
Ratified: 07.10.64 (amending protocol Ratified:14.05.97)
15. CONSULTATION WITH SEPARATED YOUNG PEOPLE
The SCE programme is developing guidance on carrying out a consultation with young people. This will be available in the near future. In the meantime these are some preliminary ideas on the kinds of information that might be useful:
a) Describe the young people who were consulted: age, sex, country of origin.
Aim.
The following data was compiled from a workshop held by the Irish Refugee Council in conjunction with the UNHCR Dublin. All separated children in the State were invited to participate in the workshop and offer their views and experiences as a separated child applying for asylum in Ireland.
Methodology.
The workshop consisted of three working groups entitled; Environment and Health, Legal Procedures and Education and Leisure. In each working group legal officers and a social worker provided a detailed briefing on the rights and duties of separated children in Ireland. All procedures relating to separated children in these areas were examine in light of the principles outlined in the Statement of Good Practice. The second section of each workshop was designed to allow the separated children and young persons attending to express their own views.
The following is a summary of the views expressed by the participants.
Participants.
|
Country of origin |
Age |
Sex |
|
Belarus |
15 |
F |
|
D.R. of Congo |
17 |
M |
|
D.R. of Congo |
15 |
F |
|
Kosovo |
17 |
M |
|
Kosovo |
17 |
M |
|
Liberia |
18 |
M |
|
Nigeria |
17 |
F |
|
Sierra Leone |
18 |
M |
|
Sierra Leone |
18 |
M |
|
Sierra Leone |
18 |
M |
b) What are the main problems (in any areas) that they encountered since arriving in your country?
a. Environment and Health.
- Most of the separated children attending the workshop expressed their belief that in general the Irish government and Irish people do not have a positive attitude towards refugees. It was mentioned that the Minister for Justice had stated that only ten per cent of asylum seekers were genuine refugees and that the rest were immigrants. They agreed that this kind of statement was helping to create of a negative image. Furthermore, the minors felt that the Irish government has a dual system to deal with refugees. On one hand the government aims to reduce the number of applicants to a minimum and on the other hand Kosovar refugees are invited to seek refuge in the State. All the minors felt that they are being unfairly discriminated against in comparison with Kosovar programme refugees who have more entitlements and have found immediate protection.
- Some separated children stated that they have experienced some kind of racist verbal abuse. One of them was seriously injured in a racially motivated attack. One of the separated children stated that this abuse is prompted not only because of their race, but also because people believe that they are refugees.
- The majority of separated children attending the workshop felt that they do not have the same entitlements as Irish children. They are unhappy about the lack of information in general and specifically on their entitlements. It further arose that confusion exists with regard to the role of different agencies; the Department of Justice, Equality and Law Reform, the UNHCR and non-governmental organisations.
- The minors expressed dissatisfaction with regard to their accommodation arrangements. They stated that they are treated as adults and forced to share their rooms with strangers. They also explained that their roommates would regularly change and that often these adults show no respect for their opinions and wishes.
b. Legal Procedures.
- The minors attending the workshop unanimously agreed that a suitable person should be appointed to advise and support them throughout the asylum procedure.
- With regard to the asylum process, all the minors agreed that they would like to have a lawyer appointed at the beginning of the asylum procedure and prior to the interview. All the minors attending the workshop appeared to be unaware of the setting up of the Refugee Legal Service. This service provides free legal advice and representation to asylum seekers. All the minors expressed a serious concern with regard to obtaining legal representation at the appeal stage.
- Some of the minors stated that they felt that during the asylum interview the Department’s officer held pre-conceived ideas on the validity of their asylum claims. They further stated that they hoped that officers processing asylum claims did not have any strong feelings or pre-conceived ideas on refugees.
- Unanimity existed with regard to the need for their claims to be prioritised and expediently processed.
c. Education and Leisure.
- The minors agreed that access to education was unnecessarily difficult. They stated that none of them had been provided with any guidance or information on the process of enrolling in school.
- They also agreed that education was essential and that they need extra support. Some stated that they would also welcome the opportunity of enrolling in vocational training. Most of the minors do not practice any sport or are enrolled in any kind of leisure activity. They believe that the lack of information and language difficulties are the main obstacle to their integration.
- The minors who are not attending school explained that the lack of activity is affecting their general well-being and that they feel they should be involved in activities stimulating their personal growth.
c) What positive experiences did they have since arriving in your country?
a. Health and Environment.
- Some of the minors stated that they have found invaluable support in private individuals and from some social workers.
- All the minors agreed that they have been given access to a good standard of health care services.
b. Legal Procedures.
- Most of the separated children agreed that the majority of the Department of Justice officials were generally helpful prior to the interview.
- The majority of the minors attending the workshop did not have as yet an outcome on their asylum claim and they were extremely concerned about the possibility of being deported. They would agree however, that they have been given the right to apply for asylum and that they have found some form of protection.
c. Education and Leisure.
- The ones attending school stated that they have found great support in the school and teachers. Some of them have been assigned extra tutoring in different subjects that has proved to be essential.
d) What recommendations or ideas did they express as to how their experiences could have been improved?
- All the minors agreed that the officials at the Asylum Division, in particular those conducting the interviews, should have a non-discriminatory approach to their case. They further stated that these officers should be genuinely interested in assisting the minors to establish their reasons for seeking asylum.
- A further recommendation which was strongly supported by all the participants was that there should be somebody to offer the minor ongoing support and help in everyday life; be this practical or emotional. This person could be a guardian or care worker, in whom the minor could confide and whom they could trust.
- The majority of the participants were in favour of sharing accommodation with people their own age and from similar cultural backgrounds, in particular young people who speak the same language. Some of the "aged out" youth preferred the option of living independently.
- Furthermore, there was a particularly strong feeling amongst the minors of "having nothing to do", of being alienated and useless. All recommended that there be a possibility of pursuing their educational or vocational training.
16. POLITICAL LEVEL - SUPPORT FOR CHANGE
a) Describe the level of contact that NGOs working with separated children have with:
central government departments, local and regional governments
There are only two non-governmental organisations in Ireland which have dealt directly with separated children. These are the Irish Refugee Council and Barnardos. The Irish Refugee Council for its part had quite substantial contact with central government departments in the compilation of this report. Contacts were established with the principal officers in both the asylum and immigration subsections of the Department of Justice, Equality and Law Reform. Furthermore, contact was established between the Irish Refugee Council and the Department of Health and Children both with respect to policy and practice (i.e. there were consultations with policy officials as well as with Department of Health social workers and care givers).
It is envisaged that such contacts would continue beyond the scope of the project itself and that the Irish Refugee Council would work in conjunction with government agencies in respect of separated children in the future. There is however little in the way of established procedures for this to take place. The Irish Refugee Council is hopeful that such procedures could be established.
Barnardos for their part have no contact with government agencies with respect to separated children. As with the Irish Refugee Council, there has been unofficial contacts established in particular cases but nothing concrete.
b) Describe any contacts with European institutions i.e.: MEPs, European Commission (NB: please give names)
Once again, as with the links between government and non-governmental organisations at national level, the contacts that the Irish Refugee Council has with European institutions is unofficial. In particular we have received much support and encouragement from MEPs and TDs (members of Parliament).
The Irish Refugee Council do intend to develop contacts with both MEPs and TDs. These contacts are to be particularly fine tuned in the build up to the Tampere IGC in October 1999. We intend to lobby all MEPs and the Commission with respect to separated children among other issues.
c) Can you identify, at the different political levels, any sources of support for improving the situation of separated children?
Non-governmental level.
Evidently all non-governmental organisations involved in campaigning on behalf of refugees, asylum-seekers or children are very keen to improve the situation with regard to separated children. This is particularly true with respect to Barnardos and the Irish Refugee Council.
Governmental level.
The Department of Justice, Equality and Law Reform has stated that they intend to prioritise the issue of separated children and that in the future there would be a group trained specifically in children’s issues. The Department also suggested that a specialised group on vulnerability be set up which would bring together non-governmental organisations, governmental organisations and possibly the UNHCR. At the time of writing neither group has been established.
Parliamentary level.
The Irish Refugee Council was involved in proposing amendments to the Immigration Bill which has recently gone through the Irish Parliament. Amendments are proposed at Committee Stage, in this case at the Committee for Justice, Equality and Women’s Rights. Only members of the Committee can table amendments. Given that one has to be a member of parliament to be a member of the committee, our amendments had to be tabled via a member of parliament. Enormous support was received with respect to the Irish Refugee Council’s amendments on separated children from both of the Labour Party members of the committee. This was also true of the Fine Gael spokesperson for Justice, also a member of the committee. Fine Gael and Labour are currently the two main opposition parties in the Parliament.
d) Can you identify, at the different political levels, the main obstacles to change?
At governmental level one major obstacle to change is the fact that no person or group of persons in the Department of Justice, Equality and Law Reform Asylum Division has been appointed to deal with separated children on a practical level or to effectively develop policies in relation to them.
However, the Department of Justice, equality and Law Reform has stated intentions to change this situation.
At the parliamentary level the issue of separated children along with other asylum issues, was jeopardised by the fact that the Immigration Bill was guillotined through committee stage without all of the amendments, including some of those relating to separated children, being fully considered.
A major obstacle in the non-governmental sector are the limited resources. The Irish Refugee Council Legal Unit has received funding support for a project on women and children from the UNHCR. The Department of Justice, Equality and Law Reform are, for legal reasons, restricted from divulging the details of separated children to non-governmental organisations such as the Irish Refugee Council.
WA/proform3.sce/16.1.99