Publications
National Assessments
NORWAY - Questionnaire for Country Assessment
ASSESSMENT PERIOD: 15 June 1999 – 01 July 1999
RESPONDENT(S): Randi Kleven
AGENCIES/INDIVIDUALS CONSULTED:
Redd Barna, Torunn Hansen
Directorate of immigration, the legal division, Eva Selseng and Tone Brostad
Directorate of immigration, region east, Berit Faye Petersen
Directorate of immigration, region west, Tor Andrè Røkke
Ministry of foreign affairs
Ministry of justice, Tomas Bille
DOCUMENTS USED or REFERRED TO:
- The UN convention on refugees of 1951 and it’s additional record
- The UN convention on the rights of the child
- Hjelde, K. H. and Stenerud, E (1999): Culture, relatives and coping – an evaluation of the work with separated refugee children in Oslo. Municipality of Oslo, department of children and family. Report 1/1999
- The department of Justice: Guidelines for examinations of separated asylum seeking children, circular 15 Jun 1990
- The department of Justice: Instructive guidelines for legal guardians of separated asylum seeking children, 1992
- Kipperberg, Elise (red.): Children as asylum seekers, Oslo 1996
- The department of Local authority and work: Working with separated asylum seeking and refugee children – objectives and an overview over central guidelines, circular H-4/98
- The department of Local authority and work: Reception of separated asylum seeking children, report on experiences and status for the plan of action of 6 June 1989, Oslo 1995
- The department of Local authority and work: White paper no. 17 (1994-95) About the refugee policies
- The department of Church, education and research: Primary school education with examination as objective for immigrants in the age 16-20, circular F-39/98-
- Lauritsen, K. and Berg, B (1999): Between hope and longing – life in asylum centres, Trondheim, SINTEF UnimedLaw of 24 June 1988 no. 64 on foreigners admittance to the kingdom and their residence here (the law on foreigners) with changes, the latest by law of 10 January 1997 no. 5 and (effective from 15 June 1997) and the law on foreigners' provisions
- Law of 17 June 1992 no. 100 on child welfare with changes, the latest by law of 11 June 1993 no. 70 (effective from 1 January 1994) and the law on child welfare's provisions
- Law of 8 April 1981 on children and parents with changes, the latest by law of 15 December 1989
- Law of 22 April 1927 on decision on placing a person under the protection of a legal guardian (the law on guardianship)
- NOE (Norway's official elucidation):1995:12: Education in a multi-cultural Norway
- Redd Barna, report 1/97: Children & youth arriving alone
- Redd Barna, 1996: Handbook for legal guardians. A practical guidance. To be a legal guardian for separated refugee and asylum seeking children
- Røsæg, E, 1997: Care for separated asylum seeking children in light of Norwegian legislation and the UN convention on the rights of the child. A juridical consideration prepared for the Ombudsman for children
- Solberg, Atle, 1997: Separated refugee and asylum seeking children: a status report on knowledge.
- IMER Norway/Bergen Publications
- UNHCR, Geneva, 1994: Refugee children: Guidelines on protection and care
- The directorate of immigration, 1990: Guidelines on examination of asylum seekers
- The directorate of immigration, circular 20/94 MIA: Routines for notifying of and responsibility for children in government asylum centres
- The directorate of immigration: Summary of regulation for operating government asylum centres regarding separated children
- The directorate of immigration, circular 4/97 MIA. Follow-up of white paper no. 61/1989-90-1:
Subsidy for asylum seekers living in a municipality
Subsidy for persons seeking family reunion and who live in a municipality
Subsidy for family reunion
-The directorate of immigration, circular 4/97 MIA: Immediate settlement
- Circular G-8/98: Transporting foreigners out of the kingdom after decision pursuant to the legislation on foreigners
- The directorate of immigration's operating plan, 1997
DEFINITION OF "SEPARATED CHILD"
1. ACCESS TO THE TERRITORY
2. IDENTIFICATION
3. APPOINTMENT OF GUARDIAN OR ADVISER
4. REGISTRATION AND DOCUMENTATION
5. AGE ASSESSMENT
6. DETENTION
7. RIGHT TO PARTICIPATE
8. FAMILY TRACING & CONTACT
9. FAMILY REUNIFICATION IN A EUROPEAN COUNTRY
ON SECOND PAGE
10. INTERIM CARE - HEALTH - EDUCATION AND TRAINING
11. REFUGEE DETERMINATION PROCESS
12. DURABLE SOLUTIONS
13. DATA COLLECTION
14. INTERNATIONAL INSTRUMENTS
15. CONSULTATION WITH SEPARATED YOUNG PEOPLE
16. POLITICAL LEVEL - SUPPORT FOR CHANGE
DEFINITION OF "SEPARATED CHILD" (SGP: A 2.1)
a) Please give details of the definition used in your country. Different agencies may apply different definitions. Please give details of this.
Separated children are asylum seeking and refugee children below 18 years of age who do not have parents or other persons with parental responsibility for them in Norway. The definition implies that children arriving in Norway followed by person(s) who do not have the parental responsibility for them, are separated children. (The directorate of immigration 9/99 INA)
The term "separated children" is used about asylum seekers, refugees and persons with residence permit based on humanitarian reasons who at arrival are below the age of 18 years, and who are without parents or others with a formal, parental responsibility for them in Norway, ref. white paper no. 61/1994-95.
UNHCR defines separated children as "those who are separated from both parents and are not being cared for by an adult who, by law or custom is responsible to do so." (1994:121). The difference between the UN definition and Norway's definition is that UN does not always consider children who arrive with companion (e.g. relatives) to be separated children, where as Norway does. Several European countries do not define children arriving with relatives as separated children (Solberg, 1997:5).
The directorate of immigration (DOI) operates with three categories when it comes to registration in asylum centres. They distinguish between
Separated children arriving alone and who do not have any connection to family members living here
Separated children who arrive alone and who have relatives/family related persons already living here and who are regarded as potential care takers and
Separated children arriving to Norway without parents, but together with adult family members, e.g. brother/sister, aunt/uncle, cousins
Ref. DOI circular 27/93 MIA (Solberg, 1997:5)
b) Are children with older siblings over 18 years of age considered to be separated children? Please refer to Annex II of UNHCR Guidelines 1997.
In Norway, children with siblings who are over the age of 18, are defined as separated children.
c) To what extent does this conform to the Statement?
This is in accordance with the statement that says that: "Some children are totally alone while others, who are also the consent of the SCE project, may be living with extended family members. All such children are separated children and entitled to international protection under a broad range of international and regional instruments." (SGP:2)
d) Are any changes needed? In relation to any first principle?
No.
1. ACCESS TO THE TERRITORY (SGP:C1)
a) Please describe relevant law, policy and practice in your country.
Laws and conventions:
-
The law on foreigners and it's regulations
-
The law on child welfare
-
The law on children and parents
-
The law on guardianship
The law on foreigners:
The law on foreigners regulates all immigration to Norway through deciding who has access to residence. In this law, regulations securing protection from persecution are included.
"The law is to be utilised in accordance with international regulations that Norway is obliged to when the purpose of the international regulations is to strengthen the foreigner's position".
The law on child welfare
The law on child welfare regulates the public responsibility to contribute to secure the childhood conditions. The child welfare has through the law authority to take necessary action towards any child residing in Norway. The state's responsibility is alternatively. This means that the state's responsibility is additional or a substitute for cases where children do not have a breadwinner or where the parent's care for the child fails.
The law on children and parents
This law apply for all juveniles residing in Norway, independent of whether they have a residence permit or not.
The law on guardianship
This law regulates stipulations on establishment of legal guarding, assistant legal guardian or substitute guardian for children below the age of 18 who reside in the country without their care persons.
The legal guardian is one of the central persons who is to ensure the rights of separated children and. Furthermore, legal guardians are to ensure that the separated children are satisfactory followed up by the responsible instances. Separated children have a right to have a legal guardian during the police interrogation, during their stay in asylum centres and after they are settled in municipalities. The legal guardian is a juridical deputy in the absence of parents, and is to be an independent person who shall assist the child until the age of 18.
Politics:
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The UN convention on refugees
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The UN convention on the rights of the child
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White paper no. 17/1994-95 on refugee politics
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The Government's action plan for separated children, 1989
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The Department of justice's guidelines connected to examination of children and youth, 1990
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The Department of justice's guidelines on transiting separated children, 1993
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The Government's action plan for children and youth with immigration or refugee background, 1995
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The UNHCR_Refugee children, guidelines on protection and care, 1994
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DOI, 4/97 MIA: "Immediate settlement", 1997
-
The UN convention on refugees
The convention defines who refugees are.
The UN convention on the rights of the child
The CRC is about the state's commitments when it comes to acknowledgement, protection and realising the rights of children. Art. 22 clarifies that refugee children have the same rights according the CRC as other children.
The Government's action plan for separated, asylum seeking children, 1989
Separated, asylum-seeking children are to be subject to ordinary asylum evaluation. Even if they are not assumed to be persecuted as defined in Law on foreigners, they will not be transited back home when they are without parents or care persons in their native country. An exemption is made when they are transited back with a care person. However, a separated, asylum seeking child can be transited back to the country where he/she first applied for protection if this is possible in a reassuring way. Cases regarding separated asylum seeking children, are to be handled as urgent cases. According to DOI's operating plan, the asylum casework in the first instance is to be finished within seven weeks. Examination is to be carried out a.s.a.p. and, if possible, within a week from arrival in Norway. Even if the lawyer is present, the legal guardian is to assist the child during examination.
In practice:
Separated, asylum-seeking children are not rejected on arrival without the application for asylum is actually considered.
"When it comes to separated, asylum seeking children who neither do not fulfil the terms for asylum and who nor are granted residence on humanitarian foundation, they are not transited back to a country where they do not have parents or other care persons. However, they can be transited back to the first asylum country, i.e. the country he/she first arrived to". (Kipperberg, 1996). Of a total arrival of 357 separated children in the period 01 January-31 December 1998, 5 were rejected and 24 are disappeared. (DOI, Region west, 28 Jan. 1999).
On arrival to Norway, separated children are registered at the place of passing the state line, in the same way as adult asylum seekers. All asylum seekers receive a number when they are registered, the FK-number, and this is used as identification number in the further case process. At registration, the police asks a series of questions, and the answers given by the child can be attached great importance to in the processing of the asylum application. Separated children reside in transit asylum centres pending on the asylum examination which is to take place within a week from arrival. Spring 1999, average time of the casework was six months.
Redd Barna (1997) has expressed their concern for the examination situation for separated children, and means that the child professional understanding and competence lacks when it comes to separated children's distinct situation as asylum seekers.
Røseg refers to UNHCR who recommends that children never are to be rejected on the border (Guidelines, 1997), and claims that this is not followed up in Norwegian legislation.
b) To what extent does this conform to the Statement? Please outline in brief.
Separated, refugee children have the right to apply for asylum at arrival to Norway. They live in transit asylum centres or ordinary asylum centres (in this connection, the asylum centres' suitability is not considered) and they are submitted to registration, not examination, at arrival. This is according to the statement.
c) Are any changes needed? In relation to any first principle?
The law on foreigners needs to be strengthened regarding safeguarding children's distinct rights. This could i.a. be done through implementing the principle of the best for the child in the law's regulations .
d) Please also indicate whether your country has 'carrier liability legislation' whereby airlines, train and boat companies can be fined if they bring in someone without proper documentation. Is this applied to children and young people under the age of 18?
Norway has carrier liability legislation.
Trafficking (SGP. C1.2)
e) Are you aware of any children being trafficked for purposes of exploitation into your country? If so please give brief example(s) stating if possible the country of origin and nature of trafficking. Please also give examples where children have travelled along trafficking routes in order to apply for asylum.
The authorities know of no organised activity where children are smuggled in to the country to be exploited through prostitution, pornography or other forms of exploitation. However, the authorities are concerned for the possibility of this occurring. In general, the authorities assume that most of the separated children are smuggled in to the country.
Per 15 October 1999:
The last month, a prostitution league has been discovered in Sweden. Foreign women, some of them children, have been held locked up in order to render sexual services. The women discovered in Sweden were Czech. The police suspects that this league has branches to Norway, but this is not confirmed. Redd Barna is concerned that we may see the start of a more established and organised child prostitution where foreign subjects and separated children are exploited. Adults assist many of the children arriving to Norway. There is a chance that they have been pictured another life in Norway but that they end up being economically and sexually exploited.
f) Have any measures been taken by the state to combat trafficking of any sort?
Norwegian authorities have started up several, general controlling initiatives related to crossing borders.
2. IDENTIFICATION (SGP: C2)
a) Please describe relevant law, policy and practice in your country.
The law on foreigners and it's regulations
In practice:
The child's relatives in Norway and information about this is the basis when controlling the child's identity at arrival. Generally, it is very difficult controlling circumstances about the child based on the child's native country. Identification of children as separated children is a defined authority responsibility. Co-operation with NGOs and professionals in this connection, is not common.
b) To what extent does this conform to the Statement? Please outline in brief.
In accordance with.
c) Are any changes needed? In relation to any first principle?
Because Norway has a public system for border control and regulations, it is not relevant to regulate for a larger participation of NGOs to secure children at arrival.
3. APPOINTMENT OF GUARDIAN OR ADVISER (SGP:C3)
a) Is a guardian or adviser appointed?
Yes, refer Law on guardianship.
b) If so what is their role?
Legal guardian for children is that/those who have the parental responsibility for the child according to the Law on children. The legal guardians are to ensure the separated children's rights and to see to that they are satisfactory followed up by the responsible instances. Separated children have a right to legal guardian both during the police interrogation, the residence in the asylum centre and after settlement in the municipalities. The legal guardian is a juridical substitute in parent’s absence and is to be an independent person who shall assist the child until the child is 18 years of age.
The legal guardian is to be present during the police interrogation of the separated child. If the child has it's own resources, the legal guardian is to be responsible for the child's economy. In the guidelines from the Department of justice, 1992, it says that "the legal guardian will also have some personal responsibility for the child. The degree of personal assistance and support which should be yielded will vary from case to case, and it is therefore hardly possible to give explicit guidelines in this area. But of course, a child can need support in many situations, and this is an object that the legal guardian should keep in mind and assist the child as he/she finds necessary or reasonable". The legal guardian is not to replace the normal, social support system represented by the child welfare authorities.
The role of the legal guardians and their responsibility related to the separated children, offer special problems. The legal guardians have to be obtained on short notice at interrogations and in some cases, it is difficult to obtain enough legal guardians. Moreover, in practice there are signs of confusion regarded the role of the legal guardian both related to the assisting system and related to the lawyer of the asylum seeker.
c) How soon after arrival are they normally appointed ?
The public trustees' office appoints a legal guardian a.s.a.p. and at the latest one week after the child has arrived to the country.
Experience shows that there in periods is difficult to recruit enough legal guardians, and the appointment therefore takes longer time than above mentioned. A legal guardian is always appointed in connection to the asylum interrogation. However, a legal guardian who is able to follow up the child over a long-term period is often difficult to recruit.
d) What kind of background and expertise do guardians/advisers have?
The Law on legal guardians says that Norwegian citizens (with the exceptions mentioned in §§7, 8 & 9) are to permit being appointed as legal guardian for persons living in the same municipality. Men or women who are "reliable and suitable", are to be chosen for the commission as legal guardian.
e) To what extent does this conform to the Statement? Please outline in brief.
The time limit for appointment of legal guardian conforms to the Statement, but there are problems in connection to the recruitment, especially when it comes to stable and long-term legal guardian for the individual separated child.
It is not required that the legal guardian is to have distinct knowledge of children or understanding of cultural circumstances. This does not conform to the Statement which precisely emphasise these needs.
Many children do not have contact with the legal guardian, and the legal guardian merely appears as a formal person.
f) Are any changes are needed? In relation to any first principles?
The Law on legal guardians of 1927 is under revision as it nor in general is not satisfying, neither is it satisfying when it comes to the needs of the separated children.
The Department of Municipalities and Work (1995) recommends a development of guidance material and courses for legal guardians.
Redd Barna has developed a handbook for legal guardians.
4. REGISTRATION AND DOCUMENTATION (SGP: C4)
a) Please describe relevant law, policy and practice in your country.
Laws:
-
The Law on foreigners
-
The Law on legal guardians
Policy:
-
The DOI circular 192: "Guidelines for interrogation of asylum seekers" 15 June 1990
-
The Department of Justice: "Instructive guidelines for legal guardians of separated, asylum seeking children" 1992
Practice:
There are no specific guidelines for registration of separated, asylum seeking children, however there are guidelines for interrogation of them. The police executes the interrogations, and the presence of a lawyer is requested.. The presence of a legal guardian demanded..
Asylum seekers disappearing from asylum centres
The number of separated children in Norway is increasing. Per 15. October 1999, 475 separated children have arrived so far this year. In comparison, 361 separated children arrived in 1998. The last couple of days, it has been revealed that several asylum seekers have disappeared from the asylum centres, including separated children. Media tell the stories of families with children now hiding in Norway. These are families who probably not will obtain residence permit in Norway. A NGO has requested Norwegian families to hide asylum seekers.
In the DOI’s statistics, the above mentioned families are registered as disappeared. Today 869 asylum seekers have disappeared from asylum centres. Of these, 28 are separated children. Nobody is looking for them, and there exist no lists of names of the disappeared. In the DOI’s data register, they are only marked as disappeared and then the case is closed. The case is routine reported to police and child welfare, but no investigation is effected. The DOI claims that there are few indications that something criminal has occurred. Still, DOI indicates to main reasons for asylum seekers to disappear: Some decide to live with friends or relatives. Others hide after being rejected a residence permit. Redd Barna is concerned that nobody is responsible for searching or investigate to map what has happened to these children. Redd Barna is satisfied that the Child Minister after the media focus has instructed DOI to map what has happened to these children.
b) To what extent does this conform to the Statement? Please outline in brief.
The above mentioned does not conform to the Statement which recommends that the police should limit their interrogation to the gathering of information about the child's identity, while a caring organisation should be responsible for the social history of the child.
c) Are any changes needed? In relation to any first principle?
It is carried that the Directorate of Immigration (DOI) is to take over the asylum examinations of newly arrived asylum seekers, including the separated children. The arrangement is expected to come into force 01 July 2000. In this connection, an audit of routines and guidelines is carried out at present, also regarding examination of separated children.
Several have raised the question whether the interrogation situation itself should be changed when it comes to children arriving alone, and it has been pointed out that assistance from experts on pedagogics or psychology should be secured in order to facilitate the promotion, not restraining, of the genuine experiences that are the basis for the escape (Solberg, 1997). What is necessary, child professional expertise is still under discussion, and no decision is yet made.
5. AGE ASSESSMENT (SGP:C5)
a) Please describe relevant law, policy and practice in your country.
Law:
The Law on foreigners
Policy:
Norwegian practice is seen in connection with the other countries in Scandinavia. When there is doubt about the age, it benefits the separated child.
Practice:
When there is doubt about the separated child’s age, several conditions are examined, e.g. earlier collected information from relatives living here and if possible; information from the native country. In some cases, a medical examination is carried through including i.a. X-rays and examination of teeth. However, it is seen as insufficient to compare these medical values to western skeleton and teeth, so if there still is doubt about the age, this benefits the separated child.
b) To what extent does this conform to the Statement? Please outline in brief.
The assessment of age of the separated children conforms to the Statement.
c) Are any changes needed? In relation to any first principle?
No.
6. DETENTION (SGP:C6)
a) Please describe relevant law, policy and practice in your country.
Law:
-
Law on foreigners
-
Law on child welfare
Policy:
No separated children are detained or imprisoned.
Practice:
Separated, asylum-seeking children are sent to transit asylum centres for separated children.
In relation to the SGP:C6, we would like to give an example of a special situation:
Church asylum and separated children
During 1993, several church asylums were established in Norway. Approx. 700 asylum seekers from Kosovo Albania resided in churches for several months before the Norwegian authorities granted them an amnesty. During this period, separated children as well resided in church asylum. Afterwards, the church asylum as phenomenon has existed, and asylum seekers from different countries have been given protection in different church societies in Norway.
In this assessment, we would like to give an example of a church asylum were a separated child resided for more than 18 months.
Ali of Iran was 14 years old when he arrived to Norway with his parents to apply for asylum. Soon after arrival, his parents left Norway and left Ali behind. By the authorities, Ali was then regarded as a separated child and the authorities therefor settled him settled in an asylum centre for this group and his casework started. A year later, the rejection of his asylum application came, and the police then picked him up when he was at the home of his legal guardian. The reason for the rejection was that his parents were in Iran and had no right to leave Ali behind in Norway. By the rejection, the authorities wanted to set an example on how parents not should treat a child.
When he was 15, Ali was transported back to Iran. The Department of Justice admit that they had not been able to achieve contact with the boy’s parents before he arrived in Iran. Ali’s legal guardian was very concerned for him, and travelled after him to Iran. Nor the legal guardian was able to achieve contact with his parents before her trip to Iran or during her stay in Iran. The legal guardian spent several weeks together with Ali who at the time was living in the streets. Together, they tried to find other relatives in hope that they could provide for and care for Ali. They did not succeed.
Six months later, Ali ones again arrived in Norway. How he got here is unknown. Right away, it was public known that he had resided in a church asylum in Oslo. He was now 16 years old, in a church asylum, separated from his parents, without any other formally appointed adults responsible for him and no public instance taking responsibility for his daily subsistence. A voluntary network saw to his daily subsistence both economy and socially. A teacher provided him with some education in the church asylum. Ali could not leave the church or it’s holy estate in fear of being arrested by the police and returned to Iran. At Redd Barnas request, the municipality and the local child welfare is made officially aware of that a child is residing alone in a church. The media had already told the public about Ali and his situation several times. The general public knew Ali and his situation. Still no public instances would take responsibility or get involved in his situation. Politically, it turned out to be a difficult case, and all the statements from the Department of Justice included that he was illegally in Norway and therefore had no right to services, school or being able to move outside the church premises. The Department of Children & Family refused that they were responsible for solving the problem of children without parental care.
15 months after residing in church asylum, the police came to the stairs of the church and arrested Ali when he stood there smoking. Four constables saw to that he was handcuffed – against his will and protesting – and he was taken into custody. He was allowed some assistance from a lawyer in order to map whether there had been any casework mistakes. Additionally, Redd Barna required a child psychiatrist who was allowed to talk with Ali who was in despair.
Again the boy was transported out of the country, back to Iraq and again the authorities failed to notify his parents.
b) To what extent does this conform to the Statement? Please outline in brief.
Norwegian legislation, policy and practice is to not intern separated children, and as such it is conformed to the Statement. However, the case of church asylum shows that situations can occur transverse to the carried systems. The above mentioned example is included in order to illustrate difficult situations which can occur. The Norwegian authorities define church asylum as an optional arrangement which is chosen by the individual asylum seeker himself and he himself as such is responsible for.
c) Are any changes needed? In relation to any first principle?
No changes are needed.
7. RIGHT TO PARTICIPATE (SGP:C7)
a) Please describe relevant law, policy and practice in your country.
Law:
-
The Law on foreigners
-
The Law on legal guardians
Policy
Directorate of immigration 1990: "Guidelines for interrogation of asylum seekers"
The Department of Municipalities and Work: "Reception of asylum seeking children. Report on experiences and status for the action plan of 06 June 1989".
In the interrogation with the separated children, it is to be allowed for the child’s age and maturity. It is requested that a lawyer is present during the interrogation. Additionally, a legal guardian shall be present.
The Department of Justice’s guidelines on interrogation, 1990:
The police, who ask questions about the asylum seeker himself, the family and the native country, executes the interrogation. The police ask for the reasons why the separated child escaped, about the travel route and why the child is applying for asylum. The police tries to reveal untruths in the explanation by asking a series of questions about the child’s identity, travel documents and travel route.
In 1990, The Department of Justice composed an own set of guidelines for interrogation of children. These guidelines give detailed instruction on subjects to ask about and how the questions are to be asked. Interrogation of the asylum-seeking child is to take place within a week from arrival, and the first instance is to settle the case within three months. Special training is to be provided to the civil servants executing the interrogation.
Practice:
During interrogation, it is usual that the legal guardian participates together with the child. However, it is not usual that the child's lawyer participates. The lawyer converses with the child before the interrogation and utilises his purposed hours for the case to examine it after the interrogation.
An examination of 137 refugee children cases, of whom 6 were separated children, carried through by Kipperberg in the period 1993-1996, shows that none of the separated children had had their lawyer present during the asylum interrogation. The children had a converse about rights and routines with their lawyer before the interrogation . The questions answered in the interrogation report were identical to the questions asked to adult asylum seekers.
b) To what extent does this conform to the Statement? Please outline in brief.
The Statement says that immigration authorities or police especially trained in interviewing children should carry out all interviews of separated children. This is not practice in Norway. Research (Kipperberg, 1996) shows that sufficient consideration to the fact that one is dealing with children, is not taken. Furthermore, the fact that none of the children in the examination had their lawyer present during the interrogation, conflicts with the authorities' own recommendations.
c) Are any changes needed? In relation to any other first principle?
There is a stated need for presence of professionals on children during the interrogation situation.
In the autumn 1997, the Minister of Justice presented new guidelines connected to the asylum interrogation. From 01 July 2000, the asylum interrogation is to be carried through by caseworkers from the Directorate of immigration, not the police. Furthermore, the Minister of Justice promised professionals on children in connection with the interrogation.
8. FAMILY TRACING & CONTACT (SGP: C8)
a) Please describe relevant law, policy and practice in your country.
Practice
Norway has no policy on systematic tracking down of the child's family. When the separated child himself tell about the family, it is mostly connected to the native country of the child. This complicates establishment of contact. Some families are traceable, but some of the separated children express themselves that they do not want this.
b) To what extent does this conform to the Statement? Please outline in brief.
This does not conform with the Statement which says that an effort to secure information about the separated's family is to be started a.s.a.p.
c) Are any changes needed? In relation to any first principle?
Norway should get an active policy on gathering of information about the separated child's family. This should be based on what is the best for the child.
9. FAMILY REUNIFICATION IN A EUROPEAN COUNTRY (SGP:C9)
a) Please describe relevant law, policy and practice in your country.
Law:
The Law on foreigners and it's provisions
Policy:
For re-union in Norway with a child's family member living in another, European country, the usual rules on family re-union apply. In these rules, the principle of asylum is decisive.
A separated child will not easily be re-united with a relative in another European country. There are special rules for countries that are members of the EU. Norway is not a member of the EU.
Practice:
The Norwegian foreigner authorities do not know of any such case including a separated child.
b) Does this conform to the Statement? Please outline in brief.
In case such cases should arise, European borders should not be an obstacle for family re-union.
c) Are any changes needed? In relation to any first principles?
Re-union based on the best of the child transverse of European borders, should be arranged.