Publications
National Assessments
LUXEMBOURG - Questionnaire for Country Assessment
10. INTERIM CARE - HEALTH - EDUCATION AND TRAINING (SGP.C10)
Interim Care (SGP:C10.1)
a) Please describe relevant law, policy and practice in your country.
As has already been explained, at the moment no special protection is provided in this area as regards separated children. Moreover, since the vast majority are over 16 years old, they are considered to be adults and for example are accommodated in the same places, whether these are refugee centres or hotels. Where brothers and sisters are involved, they are kept together.
b) To what extent does this conform to the Statement? Please outline in brief.
The support provided at this level is not good. A plan is being examined to be able to place these children in suitable accommodation, respecting their special needs and taking account of their worries.
c) Are any changes needed? In relation to any first principles?
Yes, particularly as regards reception, the need to take into account the specific situation and decent accommodation.
Health(SGP:C10.2)
d) Please describe relevant law, policy and practice in your country.
Here again, there are no special elements. Like everyone else, they receive a medical voucher for a doctor and after three months in the country they receive a social insurance card. They are reimbursed for conventional medical consultations. However, if they have dental problems they have to request a special voucher (authorisation), and have to pay 30% of the cost. In addition, prostheses are not covered.
e) To what extent does this conform to the Statement? Please outline in brief.
Children of this age should not incur the costs of an administrative organisation which could adversely affect them. In any case, they must be able to benefit from appropriate and regular care to ensure that they are in good health.
f) Are any changes needed? In relation to any first principle ?
Yes, and what is more they are needed as regards the psychological follow-up which may be necessary for some of them, with appropriate staff and trained translators.
Education, Language and Training (SGP:C10.3)
g) Please describe relevant law, policy and practice in your country
Schooling is compulsory by law until the age of 15. For children under 15 years of age, the younger they are, the easier the integration will be. Difficulties in adapting make themselves felt as early as 12-13 years. In addition, since Luxembourg has witnessed a massive influx in a few months, this small country has had to take up a major challenge, and has had to create a substantial number of additional classes and find staff to teach them.
Consequently most of the young refugees are in classes made up almost exclusively of refugees, and the level is therefore necessarily low, and develops slowly and with difficulty. There are no classes in their mother tongue, but only a few refugee mediators have been appointed to help with relations between the teaching staff and the pupils. For children over 15, we usually manage to integrate them into classes up to the age of 18, but they may also be placed with 12 year olds. It is not the age that constitutes the class, but the level, or the material possibilities (available rooms and staff, etc.)
Finally, before they can follow education in various subjects, they are first of all taught one of the languages usually spoken in the country.
h) To what extent does this conform to the Statement? Please outline in brief.
Generally speaking, children may be said to be integrated into the school system as this exists for all foreigners arriving in Luxembourg, but there a still a considerable number of points to be adapted, which the massive arrival of refugees has done nothing to help. Children aged over 15 have also recently been permitted to study abroad, under certain conditions, and in particular with the agreement of the host country.
i) Are any changes needed? In relation to any first principles?
Yes, there is a need to look again at a specific school system for refugees, who often have a different level of education and culture and a past which may have been more difficult than that of ‘conventional’ foreigners arriving in Luxembourg. It is also important to take into account those who, on the contrary, have a very high level and help them regain this situation as quickly as possible. Irrespective of any political position, once again it is important to take into account the fact that, out of respect for the children, we should do our utmost to ensure that they do not lose that which they have already acquired and that they can benefit from their presence in the host country at an age when this is fundamental, particularly if they are expected to return to their own country one day.
11. REFUGEE DETERMINATION PROCESS (SGP:C11)
Access to normal procedures (SGP:C11.1)
a) Please describe relevant law, policy and practice in your country.
Access to the asylum procedure is not refused once a child requests this. However, if the request is not clearly formulated, the Ministry of Justice will not consider it. Although we do not have any examples, it is to be feared that if a child came from a third country, their request would no doubt be refused pursuant to the Dublin Convention.
b) To what extent does this conform to the Statement? Please outline in brief.
No particular elements at this level.
c) Are any changes needed? In relation to any first principles?
There must be a guarantee that once a child is involved, the various practices are no longer taken into account, but that children are entitled to special support.
Legal Representation (SGP:C11.2)
d) Please describe relevant law, policy and practice in your country.
Lately, a guardian has been appointed and this person will be responsible for follow-up and information, he will find a lawyer and support the child through all the processes and at all stages of the procedure.
e) To what extent does this conform to the Statement? Please outline in brief.
Fully.
f) Are any changes needed? In relation to any first principles?
No.
Minimal Procedural Guarantees (SGP:C11.3)
g) Please describe relevant law, policy and practice in your country.
Children are entitled to the procedure as defined by the laws, i.e. that which is applied to all asylum seekers. This includes possibilities for recourse.
h) To what extent does this conform to the Statement? Please outline in brief.
This corresponds to the Statement, although as far as we know no separated children have received a response while they were still under age.
i) Are any changes needed? In relation to any first principles?
Children’s files should be dealt with as quickly as possible, whereas at the moment the timescales are the same as for other asylum seekers. The guardian takes care of preparing the child, together with the lawyer, and makes sure that the child notes down his entire history so that the details remain the same once an interview has been arranged. On the other hand, time sometimes also acts in their favour, which is why we do not intervene at this level.
Independent Assessment (SGP:C11.4)
j) Please describe relevant law, policy and practice in your country.
No cases have been brought to light, but if this were the case, it goes without saying that the approach would be immediately adapted by the NGO responsible for guardianship.
k) To what extent does this conform to the Statement? Please outline in brief.
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l) Are any changes needed? In relation to any first principles?
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Interviews (SGP:C11.5)
m) Please describe relevant law, policy and practice in your country.
No special provisions are stipulated in this area, since at the moment children are interviewed in the same way as adults. As soon as they arrive they will be questioned on their own, and it is not until a guardian has been appointed and possibly a lawyer assigned that the child will be supported. However, at the moment there is absolutely no question of providing special conditions for these children. No doubt because the number of children concerned is very small.
n) To what extent does this conform to the Statement? Please outline in brief.
Only to a slight extent, i.e. that the lawyer and guardian are accepted. However, experience has not yet shown what possibilities for action they have.
o) Are any changes needed? In relation to any first principles?
Not at the moment. We do not feel this is necessary compared with existing situations, and once a guardian and a lawyer are present. However, we must stress the need to train the officers responsible for conducting interviews relating to the problem of these children who are all too often considered as economic refugees or to have come a scouts to prepare a place for their family.
Criteria for making a decision on a child’s asylum application (SGP:C11.6)
p) Please describe relevant law, policy and practice in your country
We do not have any experience in this field as it would seem that the Ministry prefers to wait until children reach their majority before taking a decision, thus enabling them to retain a sort of status. In addition, as far as we know all separated children or young people having reached their majority as still going through the procedure.
q) To what extent does this conform to the Statement? Please outline in brief.
Impossible to give a reply.
r) Are any changes needed? In relation to any first principles?
We hope that in future (and we are working to this end), the Ministry will take decisions about them more quickly, once it takes proper account of the situation of the child whose file it is dealing with. However, we are not sure that special protection can be provided in the event of a negative response. As this is a topical area, we are working to provide information and training for officials at the Ministries concerned before initiating too many changes.
Young People who become adults during the asylum process (SGP:C11.7)
s) Please describe relevant law, policy and practice in your country.
A priori this does not change anything as far as the procedure is concerned, although the examination must concern the situation at the time of arrival, i.e. when the children were still under age.
Given the lack of experience, particularly since until recently the situation of separated children was not considered special, it is difficult to express a more detailed opinion on the question as we cannot draw on practice and as there is no law other than the law on foreigners which does not refer to children.
t) To what extent does this conform to the Statement? Please outline in brief.
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u) Are any changes needed? In relation to any first principles?
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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.
This would no doubt be the ideal solution. However, as has already been explained to some extent, generally speaking and so far no final decision has been taken for separated children. Because if a separated child were to be definitively dismissed, this would give rise to the question of which status they should be kept under, given that the court has not granted any protection. In this case it would no doubt be necessary to introduce a new action on the grounds that the child is alone and is under age, and that there is therefore no secure solution for him. He could then no doubt obtain temporary protection until he came of age, but would in no way settle his future once he attained his majority. Consequently there is a somewhat vague area here, but so far at least the case has not arisen, since our children are at least 16 years old and by the time the procedure is complete they will have come of age. The only uncertainty will remain for those whose family cannot be traced, and to see whether, since they are not longer children, they will be sent back even though they have nowhere to go.
b) To what extent does this conform to the Statement? Please outline in brief.
No opinion can be given nor can any link be made with the Statement of good practice since there are no antecedents or specific laws at this level.
c) Are any changes needed? In relation to any first principles?
This situation requires clarification, as the case may well be imagined of a child who may be much younger or whose case may be dismissed and who may be left without a status and given the bare minimum for survival, like other refugees, until he leaves the territory of his own free will or by force. He should be granted special status, extended beyond his majority. However, this comes up against two fears: the fear that this may attract even more children (with the shadow of trafficking), and the fear that some of them will say they are orphans or have false identities, etc.
Family Reunification in Host Country (12.1.2)
d) Please describe relevant law, policy and practice in your country.
Here again we do not have any antecedents in this matter concerning children. One thing is certain: family reunification is not granted throughout the asylum procedure. However, this would not pose a problem for Luxembourg should the case arise.
e) To what extent does this conform to the Statement? Please outline in brief.
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f) Are any changes needed? In relation to any first principles?
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Integration (SGP:C12.1.3)
g) Please describe relevant law, policy and practice in your country.
As has already been explained, so far we have not had any refugee children authorised to stay. They are all undergoing the procedure. All that can be reported is the case of children mainly from Cape Verde who come to spend their holidays in Luxembourg, with an uncle, for example, with his guarantee. Once the holiday is over, the uncle presents the court with a certificate from the parents indicating that they cannot provide for their child and that therefore they are entrusting him to the uncle. He then requests guardianship, and the child remains with a renewed residence permit, in principle until he comes of age, after which it is difficult to make him leave. There may be said to be a sort of network at this level, which the government is currently destroying by refusing this type of procedure but also by limiting the authorisations to enter the territory and refusing to grant a work permit once the child becomes an adult. Until now these children have had virtually the same rights as children from the country.
h) To what extent does this conform to the Statement? Please outline in brief.
In the texts, this is respected as described, whether the case involves children younger than 15 or over 15 or 16 years of age.
i) Are any changes needed? In relation to any first principles?
Luxembourg is too small, there are too few examples and experience is too limited to draw any general lessons. However, this situation is beginning to arise, particularly owing to the leniency with regard to the Cape Verde islands which prompts other nationalities to send their children here. This is a very recent observation but requires vigilance.
In one way or another, all children authorised to stay in the country will have the same rights as those already resident here. The integration process will begin with the assimilation of the languages, and they will usually be able to practice their culture. However, it may also be observed that after a certain period of time many children experience relational problems with their host families and several are then placed in homes. Finally, there is no specific programme aimed at following up the situation of these children, and improvements are no doubt required here.
Adoption (SGP:C12.1.4)
j) Please describe relevant law, policy and practice in your country ?
Although Luxembourg is known to be a country where the adoption possibilities are fairly fast, and although many people came forward during the last conflict in the Balkans to adopt children, this was not done out of respect and because it was not easy or possible to determine the precise profile of these children. As for children actually in the country, they are not orphans, except for one perhaps, and it would be difficult to have him adopted as he is already 17. If absolutely necessary, and if the case arose, this would no doubt be possible, within the existing legal procedure in Luxembourg, and every guarantee would then be provided.
k) To what extent does this conform to the Statement? Please outline in brief.
No specific problem.
l) Are any changes needed? In relation to any first principles?
No
Identity and Nationality (SGP:C12.1.5)
m) Please describe relevant law, policy and practice in your country.
Although as far as we know the case has not arisen, it is plausible to imagine that in a situation like this, the court would ensure every guarantee to protect the child and grant him a status, then the nationality of the country since no possibilities have been found.
n) To what extent does this conform to the Statement ? Please outline in brief.
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o) Are any changes needed? In relation to any first principles?
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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.
All the children here at the moment do not wish to return to their country of origin, owing to the continuing instability, but also because they do not see any future there. They are also relatively ‘old’. Some of them experience spells of nostalgia and are hesitant about whether to return. If a child so requested, this would no doubt be organised jointly between an NGO and the Ministry, involving the child, at his pace. Of course, this would only be possible on a voluntary basis, and the government currently has no intention of forcing children to return, particularly without any guarantee upon their arrival.
q) To what extent does this conform to the Statement? Please outline in brief.
This seems to correspond and does not pose any particular problem.
r) Are any changes needed? In relation to any first principles?
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Conditions that must be fulfilled prior to return (SGP: C12.2.2)
s) Please describe relevant law, policy and practice in your country.
This situation has not yet arisen, but the size of Luxembourg and the way it is organised organisation (where all the institutions and actors know one another) give us reason to think that this would be organised in the strictest compliance with the Statement.
t) To what extent does this conform to the Statement? Please outline in brief.
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u) Are any changes needed? In relation to any first principles?
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Programmes and Aid to Facilitate Reintegration (SGP:C12.2.2)
v) Please describe relevant law, policy and practice in your country.
No official provisions have been made in this area. Discussions are underway to organise and support refugees wishing to return home voluntarily. This programme could take into account the special provisions of the Statement on separated children.
w) To what extent does this conform to the Statement? Please outline in brief.
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x) Are any changes needed? In relation to any first principles?
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Settlement in a Third Country (SGP:C12.3)
y) Please describe relevant law, policy and practice in your country.
Although Luxembourg has the guarantee that in the interests of the children, they must rejoin a member of their family in another EU country, and assuming that this member is clearly defined, Luxembourg would not oppose their departure, provided of course that the third country agrees to accept them.
The same applies for countries which are not members of the EU.
z) To what extent does this conform to the Statement? Please outline in brief.
The provisions are complied with.
zz) Are any changes needed? In relation to any first principles?
It remains in our interest and that of the child for families to be reunited wherever possible. As soon as guarantees are acquired, this should be applied as laid down in the principles.
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.
There is no programme or any instructions in Luxembourg at the moment to detect and follow up the situation of separated foreign children. Recently, and since the Caritas refugee service alerted the public authorities to this situation, this same service has been listing such cases and following up the situation in general, while at the same time enquiring into the causes and reasons. When necessary, Caritas informs the Ministries of Justice and the Family (or at least draws their attention to the situation). The only problem is that the work is confined to children requesting asylum, refugees, but not to others who may or may not be detected and followed up by the conventional social services. However, officially there are said to be no such situations.
b) What sort of data is required? From government? From NGOs?
The Ministry of the Family simply offers accommodation and the means of subsistence, while the Ministry of Justice merely undertakes the hearings in the asylum procedure.
At the moment the social work is undertaken by the NGO Caritas which ensures:
the assistance of a lawyer and the smooth running of the asylum procedure
registration and follow-up at school
possible contacts with the family
care in the event of health problems
free-time activities
social assistance and support
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.
We do not have this data, and can only refer to Chapter 15.
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.
14.1 Refugees
1951 UN Convention relating to the status of refugees.
1967 Protocol relating to the status of refugees
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
14.2 International Human Rights Instruments
UN Declaration on Human Rights, 1948.
International Covenant on Civil and Political Rights, 1966 ( and Optional Protocol)
International Covenant on Economic, Social and Cultural Rights, 1966
Convention for the reduction of statelessness, 1961
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol 1)
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-international Armed Conflicts (Protocol 11)
Convention against Torture, 1984, Art. 3
Convention for the Elimination of all Forms of Racial Discrimination (1966)
14.3 Children - International and Regional Instruments
UN Convention on the Rights of the Child, 1989
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
European Convention on the Exercise of Children’s Rights, 1996
Hague Conference on Private International Law:
NB: Please also indicate whether your country is in the process of ratifying any of the Hague Conventions?
Convention for the Protection of Minors, 1961
Convention on the Civil Aspects of International Child Abduction, 1980
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"
Convention on Jurisdiction, Applicable Law, Enforcement and Co-operation in respect of Parental Responsibility and Measures for the Protection of Children, 1996 (not in force yet)
European Union
NB: Has your country implemented the following EU policies?
Joint Action to Combat Human Trafficking and the Sexual Exploitation of Children, Feb. 1997
Council Resolution on unaccompanied minors who are nationals of third countries, June 1997 - NB: Please indicate briefly the extent to which your country has implemented this resolution.
14.4 Europe
European Convention for the Protection of Human Rights and Fundamental Freedoms (and Protocols), 1950.
The Convention Determining the State Responsible for Examining Applications for Asylum Lodged in One of the Member States of the European Community (Dublin Convention), 1990.
Schengen Convention, 1990
European Union
NB: Has your country implemented the following European Union asylum policies?
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
Resolution on Minimum Guarantees for Asylum Procedures, June 1995
Resolution on manifestly unfounded applications for asylum, 1992
Resolution on a harmonised approach to questions concerning host third countries, 1992
Conclusions on countries in which there is generally no serious risk of persecution, 1992
Resolution on the harmonisation of national polices on family reunification, June 1993
Council of Europe
European Social Charter, 1961
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 here 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.
Over the past four months, about fifteen separated children have been discovered, and there are probably about twenty of them (refugees). They are boys aged 16 – 17, from the Balkans (Montenegro, Kosovo, Serbia), and from Sudan, Sierra Leone, and Russia. Half of them have a member of their family in Luxembourg, or they arrived with a member of their family.
The other half are alone.
b) What are the main problems (in any areas) that they encountered since arriving in your country?
They had no-one to talk to and who could advise them
They had no leisure activities or occupations
Most of them had difficulties related to problems of inappropriate nourishment or accommodation which was not suited to their situation
They would all be pleased to have their parents with them
They are afraid for their future
In some cases they are coping with the present fairly badly as they have no real possibilities of studying (the status of asylum seeker limits access to education).
c) What positive experiences did they have since arriving in your country?
They have physical safety, even though psychologically they are under strain, and some of them can take part in sports clubs even though they cannot join in official competitions.
d) What recommendations or ideas did they express as to how their experiences could have been improved?
They would like to have a greater say in their own lives.
16. POLITICAL LEVEL - SUPPORT FOR CHANGE
Please where possible provide the following information:
a) Describe the level of contact do NGOs working with separated children have with:
central government departments, local and regional governments
The situation in Luxembourg is such that everything is centralised at the various Ministries with which the NGOs are in permanent contact. Contacts on this matter at the moment are aimed primarily at gaining recognition of the particular situation of separated children.
b) Describe any contacts with European institutions e.g.: MEPs, European Commission (NB: please give names)
ECRE, ECRAN
c) Can you identify, at the different political levels, any sources of support for improving the situation of separated children?
The political levels are mainly the Ministries of the Family and Justice, with which encouraging discussions have already started. The various NGOs fully support this action.
d) Can you identify, at the different political levels, the main obstacles to change?
No
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