Publications
National Assessments
NORWAY - 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.
Law:
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Law on child welfare
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Law on legal guardians
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Law on children and parents
The law on child welfare regulates the public responsibility to contribute to secure the childhood conditions. With authority in this law, the child welfare has the authority to take the necessary initiatives towards any child residing in Norway. The state responsibility is alternatively, which means that it is a supplement or a substitute in the cases where the child has no care persons or where the parental care is failing. Initiatives according to the law on child welfare can be actuated for children under the age of 18. If the child approves, the initiatives can be continued or replaced by other initiatives according to the law, until the person concerns is 23 years old.
The law on legal guardians presents rules on establishment of legal guardians, assistant legal guardian or substitute guardian for children who are in the country without their care persons.
The legal guardian is one of the central persons who are to secure separated children's rights and ensure that they are followed up satisfactory by the responsible instances. Separated children have the right to a legal guardian during the police interrogation, their residence in asylum centres and after their settlement in municipalities. The legal guardian is a juridical substitute in the absence of parents, and is to be an independent person who shall assist the child until the child is 18 years of age.
The law on children and parents is about every child residing in Norway, independent of whether they have a residence permit or not.
Policy:
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DOI 9/99 INA "Routines on reporting and responsibility for children in government asylum centres", March, 1999
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"Regulations on management of government asylum centres", September, 1996
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The Department of Justice' circular G-29/92 "Guiding directions to legal guardians of separated, asylum seeking children", March, 1992
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DOI 4/97 MIA "Direct settlement", February, 1997
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DOI 9/98 ADA "Integration subsidy for year 1 and the years 2-5 in 1998", March, 1998
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Joint circular from the Department of children and family and the Department of municipalities and work: "Distinct municipal subsidy for separated, asylum seeking and refugee children (Chapter 854, item 64), June, 1996
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Individual plan for the municipalities' settlement of separated, asylum seeking/refugee children
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The Department of municipalities and work: "Reception of asylum seeking children. Report on experiences and status for the action plan of 6 June 1989"
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The Department of children and family: "Action plan against sexually abuse of children", June, 1992
The circulars regulate the public responsibility for separated children on arrival to the country, during their residence in asylum centres or settlement in municipalities.
When separated children arrive transit asylum centres (or another asylum centre if the person concerned has not been in transit), the asylum centre is to, without delay, notify the DOI regional office, the child welfare in the municipality where the asylum centre is located and the municipality’s public trustees' office that the separated child has arrived to the asylum centre. The asylum centre is to see to that the separated child has a permanent contact among the employees. Furthermore, the asylum centre shall seek to establish an informal network for the separated child among the residents and the community.
The public trustees' office appoints a legal guardian a.s.a.p. and within a week from arrival to the country. If it is necessary to appoint a new legal guardian on relocation to a new asylum centre, the instance responsible for the first appointment of legal guardian is to notify of this fact.
I all cases regarding children, the basis is that the consideration for the child is to be emphasised. The municipality can not resist direct settlement or settlement of separated children with close relatives or others close to the child or the family if DOI finds this to be the best solution for the child. If there are doubts on the care ability of the companion person, the case should be taken up with a child competent instance. Separated children arriving with adult companion persons who the child naturally could be settled with, are treated as children in families when it comes to the asylum application, reception centres and settlement.
DOI has produces some guidance for the work with settlement:
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Separated children arriving alone to the country and who do not have relatives living here, are settled in a municipality where persons of the same nationality already live.
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Separated children arriving with companion persons are in general settled together with these persons.
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Separated children having relatives already living her, are settled together with these or in their immediate nearness.
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The age of the separated child can be decisive for the choice of settlement municipality.
When refugees are settled in a municipality, the municipality receives an integration subsidy from the state which is disbursed as a block grant for a period of five years. Additionally, the municipality receives a separate block grant for separated children.
Practice:
Placing in asylum centres:
Both employees and separated children mean that there should be an age limit regarding who can live alone in an asylum centre. Some 13 years old live alone in asylum centres, and children as young as nine years old have been registered in asylum centres. Many are concerned about the waiting period for the separated children which is often longer than the period that is set as an objective from the authorities (Berg & Lautitsen, 1999).
Røsæg, 1997:17, shows that the standard in Norwegian asylum centres are far poorer than the standard of child welfare institutions. The latter standard is founded on the Law on child welfare, chapter 5. Between these two types of institutions, there are measurable differences on number of employees and their education.
Municipality placement:
Research (Flatebø, 1990, Andersson, 1994, Solberg, 1997) shows that laws and regulations are practised differently in the different municipalities, and that there is uncertainty in the municipalities on how the laws and regulations are to be interpreted and used. This especially applies the use of the Law on child welfare. Care services like housing and network building varies from year of arrival and which municipality the children have been settled in.
"Most of the separated children arriving together with close relatives, or who have family already living in the country, are settled together with these. Andersson (1994) found that aprox. 50% (230 of 476) were settled with relatives. In the report of the Nordic Minister Council (1996:130), it is pointed out that the type of settlement most frequently used in Scandinavia, is the type that one has the least information on." (Solberg, 1997:77). Earlier, this was a settlement arrangement that was to be approved by the child welfare, but this has changed. Private settlement is not to be approved by the child welfare in every case anymore, but the child welfare shall evaluate whether certain assumptions are fulfilled.
Separated children without close care persons in Norway, have most frequently been settled in different types of group homes. Often these group homes are organised after the "Oslo-model", a shared house with the same ethnical group and with a shared house leader of the same nationality as the separated children. There is no answer to which settlement solution is the best. However, researchers and practicians have pointed out that the solution has to be related to what is in the best interest of the child.
The Department of children and family, the Department of municipalities and work and DOI have started up a research project executed by SINTEF/IFIM in different municipalities in the period 1999-2001. The purpose of the research is to get an overview of the different models of work with separated, refugee children and to develop good models for the work. An assessment connected to the use of the Law on child welfare, is also an objective with the research.
DOI has no knowledge on whether prostitution or other exploitation of children is a problem related to separated children after their arrival to Norway. As such, special efforts have not been effectuated.
b) To what extent does this conform to the Statement? Please outline in brief.
If the standards for separated children in asylum centres are poorer than in child welfare institutions, this can be a problem connected to the prohibition of discrimination in the CRC art. 2 and the manning requirements in art. 3. A system for mapping relatives of the separated child at private settlement, does not conform with the Statement.
Norwegian legislation fulfil the demands that the CRC art. 34 (protection against sexual exploitation) make.
c) Are any changes needed? In relation to any first principles?
It seems necessary with a clarification of the responsibilities of the child welfare and the use of the Law on child welfare in connection with both the residence in asylum centres, settlement in shared houses and in connection with private settlement.
Health(SGP:C10.2)
d) Please describe relevant law, policy and practice in your country.
Law:
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The Law on health commissions and arrangements on occasions of epidemical and infectious diseases, 16 May 1860 (The Law on wholesomeness)
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The Law on psychical heat care, 28 April 1961 no. 2
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The Law on national insurance, 17 June 1996 no. 12
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The Law on hospitals, 19 June 1969 no. 57
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The provision on children in hospitals, 7 Sept. 1988
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The Law on municipal health care, 19 Nov. 1982 no. 66
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The provision on health centres activity, 23 Nov. 1983
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The provision on health care in schools, 23 Nov. 1983
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The Law on dental health care, 3 June 1983 no. 54
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The Law on primary school, 13 June 1969 no 24
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The Law on children and parents, 8 April 1981 no. 7
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The Law on social services, 13 Dec. 1991 no. 81
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The Law on child welfare, 17 July 1992 no. 100
Policy:
In Norway, refugee children have the same health service as other children. If a refugee has been exposed to traumatic experiences before or during the escape, the demands to the health service increase.
Practice:
Røsæg (1997) refers to the experiences of separated, asylum seeking children which show that the threshold for actuating special health initiatives is especially high.
Examination of separated children in Oslo (Hjelde & Stenerud, 1999) shows that while somatic health is a subject both relative, child and caseworker is able to discuss, the psychic problems are seldom brought forward, neither directly nor indirectly, and the subject is hard to approach for all parties. The accessibility to psychic health care varies, and many separated children with psychic problems lack the access to professional help (Solberg, 1997).
e) To what extent does this conform to the Statement? Please outline in brief.
This does not conform the Statement which says that special attention is to be called to health needs arisen from psychological consequences of violence, traumas and loss.
f) Are any changes needed? In relation to any first principles?
Education, Language and Training (SGP:C10.3)
A better co-ordination of the work where both psychic health, child professionality and somatic heat is seen as a totality is needed. Furthermore, there is a need for development of mental health conditions facilitating psychosocial counselling.
g) Please describe relevant law, policy and practice in your country.
Law:
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The Law on primary schools, 13 June 1969 no. 24
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The Law on college education, 21 June 1974, no.55
According to the Law on primary schools, all children in Norway have the right to and a duty to participate in the education. The right sets in when it is probable that the child is to reside in Norway for more than three months, and the duty sets in when the child has been in Norway for three months.
Policy:
NOR: 1995:12: "Education in a multi-cultural Norway"
The Department of church, education and research, circular f-39/98 "Exam oriented primary school education for immigrants in the age 16-20 years", April, 1998
In the official report "Education in a multi-cultural Norway", the committee was especially concerned of youth arriving Norway when they are aged between 13-20, who in relation with the Norwegian education system have an insufficient education from their native country and who risk to become shuttlecocks between primary school, college and adult education. In 1998, youth aged between 16-20 earned the right to exam oriented primary school education.
With the education reform, Reform 94, persons with residence permit have a statutory right to college if they have concluded 9 years of primary school or corresponding in the year of application or the year before. Those with language problems can, after expert evaluation, acquire education for up to five years, but not extending the age of 22.
Distinct Norwegian and first language training is to be given according to rules determined by the Department of church, education and research.
Practice:
Many point out the importance of school, however thorough examination of the meeting with school is lacking (Solberg, 1997). The services to and the follow-up of the children in the municipalities, vary. The economical subsidy for carrying through the exam-oriented primary school is settled based on number of pupils in relevant age with a subsidy per group and a subsidy per pupil. This creates a problem for the municipality with few pupils. The rates are based on full time education for a period of two years. Depending on the individual's earlier education and individual qualifications, many of the pupils in this category have a need for more than 2 years in order to complete primary school.
In order to start college, the youth need to pass a language- and knowledge test. This has shown to be difficult for many of the separated children. An examination in Oslo (Hjelde & Stenerud, 1999), shows that even the youth who only lack one or two years in college in their native countries devote a disproportionate long time to pass this test.
School and education turn on more than statutory right to education. Conditions as sorrow, concentration problem and language problems lead to that it is difficult for the separated children to succeed in their education, and many need help with their homework and possibility for participation in different activities (Solberg, 1997).
h) To what extent does this conform to the Statement? Please outline in brief.
The right to education and to first language training (in this connection, number of hours and quality of first language training is not taken into account) conforms with the Statement.
i) Are any changes needed? In relation to any first principles?
There is a need for more distinct distribution of responsibility between the municipality and the country council district when it comes to primary school education to non-native speaking pupils over the age of 16. The supply must be given frames which facilitate accomplishment independent of the number of settled non-native speakers in the settlement municipality. The individual youth's qualifications must also be taken under consideration enabling subsidy for a longer period than two years.
11. REFUGEE DETERMINATION PROCESS (SGP:C11)
Access to normal procedures (SGP:C11.1)
a) Please describe relevant law, policy and practice in your country.
Law:
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The Law on foreigners
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The UN convention on refugees of 1951 and it's additional journal of 1967
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The UN convention on the rights of the child of 1989
Policy:
The right to apply for asylum applies for all countries, also if the separated child arrives from a 3rd country.
Practice:
It is unusual that separated children are granted asylum, i.e. become refugee status, but they are granted resident permit on humanitarian reasons.
b) To what extent does this conform to the Statement? Please outline in brief.
Residence on humanitarian reasons gives a protection for the separated child according to the Statement, however the separated child would have a more comprehensive protection if they were recognised as refugees and granted refugee status. E. g. this would release the right to family reunion and granting of refugee scholarship during college education.
c) Are any changes needed? In relation to any first principles?
Legal Representation (SGP:C11.2)
A change of attitude is needed regarding the definition of being a refugee so that this also can include separated children. Norway's interpretation of the UN refugee convention is central in this matter, alongside the consideration of the best interest of the child as a guide in the Law on foreigners.
d) Please describe relevant law, policy and practice in your country.
Law:
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The Law on foreigners and it's provisions
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The Law on legal guardians
Policy:
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DOI: "Guidelines on interrogation of asylum seekers", May 1990
The interrogation is to take place within a week from arrival, and the legal guardian is to be present. The presence of a lawyer is requested. The lawyer assistance is free of charge for the asylum seeker, and if there are special needs one can apply the county governor for extra lawyer assistance. The casework is to be finished within three months from arrival. Separated children cases are to be prioritised.
Practice:
In periods of many arrivals of refugees, the time of the casework increase, and it takes longer time both to execute the interrogations and to consider the asylum applications. Lawyers seldom participate in the interrogation situation, and they claim to serve the best interest of the child the best by devoting the limited time to going through the case itself after the interrogation.
e) To what extent does this conform to the Statement? Please outline in brief.
It is questionable whether the possibility for the lawyer to represent the child is at it's best when the lawyers do not participate during the interrogations of the child and if this conforms with the intention of the Statement.
f) Are any changes needed? In relation to any first principles?
Minimal Procedural Guarantees (SGP:C11.3)
More free legal aid is necessary so that the lawyer can participate and assist the separated child also during the interrogation itself.
g) Please describe relevant law, policy and practice in your country.
Law:
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The Law on foreigners and it's provisions
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The Law on civil services
Policy:
The separated child has the right to complaint against a negative decision on his asylum application. The asylum application is considered by the Directorate of immigration, whilst the complaint is considered by the Department of justice. Complaints from separated children are to be prioritised by the Department of justice. The complaint is to be flagged with special codes to ensure prioritisation in the consideration, and the lawyer is to be informed about delays and, if any, why they arise.
Practice:
In practice, there is a long period of waiting for decision in complaint cases. This creates uncertainty for the individual separated, asylum-seeking child and can be an obstacle for the individual's possibility for total integration and participation. In the waiting period, many experience e.g. a decreased ability for concentration in school. Missing decisions can have a direct effect in connection to the child's movement possibility.
Example: Separated children without authorised papers for residing in Norway, have experienced problems connected to leaving Norway to participate in football tournaments with their Norwegian team-mates in Denmark.
h) To what extent does this conform to the Statement? Please outline in brief.
The procedure for application- and complaint consideration itself, conforms with the Statement. However, the period of time for the consideration is not in conformity.
i) Are any changes needed? In relation to any first principles?
Independent Assessment (SGP:C11.4)
There are no changes needed in relation to any first principle, but there is a need for an intensification of routines and resources in order to secure a fast management of the casework.
j) Please describe relevant law, policy and practice in your country.
Law:
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The Law on foreigners and it's provisions
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The Law on legal guardians
Policy:
When the age and maturity of the child is considered to be insufficient, the legal guardian acts on behalf of the child. As for the rest, it is requested that the child itself participates together with the legal guardian.
k) To what extent does this conform to the Statement? Please outline in brief.
Norway has no independent expert mapping the child's ability to articulate in an interrogation situation.
l) Are any changes needed? In relation to any first principles?
Interviews (SGP:C11.5)
A child expert and an active legal guardian would be able to secure the child's needs during interrogation.
m) Please describe relevant law, policy and practice in your country.
Law:
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The Law on foreigners
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The Law on legal guardians
Policy:
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DOI: "Guidelines on interrogation of asylum seekers", May 1990
The interrogation of a separated child is to take place in an atmosphere where consideration to the child and its maturity is taken. The child is to have a legal guardian present during the interrogation.
Practice:
No child expertise is utilised during interrogation of separated children. Generally, the lawyer does not participate in the interrogation situation itself.
n) To what extent does this conform to the Statement? Please outline in brief.
Interrogation of the child takes place in a non-threatening atmosphere, and the legal guardian is present in the interrogation situation. This conforms with the Statement. The lawyer is not present during the interrogation. This does not conform with the Statement.
o) Are any changes needed? In relation to any first principles?
The lawyer assistance should be increased so that the lawyer is able to participate during the interrogation.
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.
Law:
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The Law on foreigners and it's provisions
Policy:
If the criteria for asylum are not fulfilled, but the basis for return is not present, a residence permit on humanitarian reasons is granted.
q) To what extent does this conform to the Statement? Please outline in brief.
That the right to protection is given on humanitarian basis conforms with the Statement. The right to asylum, however, is rarely granted.
r) Are any changes needed? In relation to any first principles?
There is a need for granting the right to asylum and thereby refugee status to separated children as well.
Young People who become adults during the asylum process (SGP:C11.7)
s) Please describe relevant law, policy and practice in your country.
Law:
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The Law on foreigners
Policy:
If the applicant is a separated child at the time of application, the application is considered as such for the entire casework period, even if the child should turn 18 years during this period.
t) To what extent does this conform to the Statement? Please outline in brief.
This conforms with the Statement.
u) Are any changes needed? In relation to any first principles?
No.
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.
Law:
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The Law on foreigners and it's provisions
Policy:
In consideration of cases regarding separated children, strong human considerations is to be taken. Many separated children who do not fulfil the demands for asylum, are nevertheless granted residence permit on humanitarian reasons.
b) To what extent does this conform to the Statement? Please outline in brief.
This conforms with the Statement.
c) Are any changes needed? In relation to any first principles?
No.
Family Reunification in Host Country (12.1.2)
d) Please describe relevant law, policy and practice in your country.
Law:
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The Law on foreigners and it's provisions
Policy:
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The Department of municipality and work: Circular no. H-4/98 "The work with separated, asylum seeking and refugee children - objectives and overview of central guidelines"
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The Department of municipality and work: "Reception of asylum seeking children. Report on experiences and status for the action plan of 6 June 1989", June 1995
Foreigners who have been granted residence permit in Norway, can apply for family re-union with their closest family members as these are defined in the Provision on foreigners §§23 & 24. If the separated child has been granted asylum, there is a right to family re-union. If the residence permit is granted on humanitarian reasons, no implicit right exists.
For separated children who have been granted residence permit on humanitarian reasons, the question of family re-union is considered in the light of the general rules in the Law on foreigners § 8, ref. the Provision on foreigners §24. This is based upon the fact that the reason that the separated child has been granted a residence permit on humanitarian reasons often is that parents or other close care persons in the native country not have been traceable. If they later on appear in an application for family re-union, it is not given that a re-union should take place in Norway.
The age of the separated child is of importance to whether family re-union is granted. In accordance with practice, family re-union is basically granted to the youngest children. Routine exceptions from the demand of financial support is then made. The oldest group (from 15 years and up) is rarely granted family re-union. The argument for this practice is that the access to family re-union should not be extensive in order to avoid "anchorage-cases". As most of the separated children are in the age between 15 and 18, the total number of granting family re-union is relatively low.
Practice:
It is not possible to gather figures from databases regarding the extent of granted applications for family re-union from separated children with residence permit on humanitarian reasons. The experience report from the Department of municipalities and work (1995) refers to the Directorate of immigration and the Department of justice who anticipate that a maximum of 30 separated children, of whom most were from Vietnam, have been re-united with their families in Norway the last two years. This figure does not include Bosnians.
e) To what extent does this conform to the Statement? Please outline in brief.
This does not conform with the Statement which emphasises the need for starting the work with tracking down the parents or family of the child a.s.a.p.
"The child's right to family life is strong in the CRC, and the question is raised whether the Law on foreigners and its provisions are colliding with the CRC. According to the CRC art. 7, children have a right to their parents and their parents' care. Furthermore, in art. 9, the parties of the convention are instructed to guarantee that children are not separated from their parents against their will. Referring to art. 9, art. 10 instructs the parties of the convention that applications of travelling in or out of a state when the purpose is family re-union is to be "considered by the parties in a positive, human and fast way". Art. 22, item 2, i.a. instructs the parties to track down every refugee child's parents or other persons in order to provide the information necessary for re-union with his or her family. However, "positive, human and fast" does not imply that the application automatically is to be granted, and the CRC does not provide separated children a right to family re-union. Art. 10 rather sets standards on how the application is to be considered." (Solberg, 1997).
f) Are any changes needed? In relation to any first principles?
Norwegian legislation give refugee children the same rights in accordance to the CRC as Norwegian children. In order to correspond better with the CRC art. 22, Norwegian legislation should however establish by law the state's duty to assist refugee children with tracing their parents or family.
Basically, separated children lack good information about both the right to and the procedure for applying for family reunion. The UNHCR's Guidelines (1997) also emphasises separated children's need for family re-union as first priority.
Integration (SGP:C12.1.3)
g) Please describe relevant law, policy and practice in your country.
Law:
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The Law on legal guardians
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The Law on child welfare
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The Law on social services
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The Law on children and parents
Policy:
-
DOI 9/99 INA "Routines of reporting and responsibility for children in government asylum centres" March, 1999
-
"Regulations for management of government asylum centres" September, 1996
-
The Department of Justice, circular G-29/92 "Instructive guidelines to legal guardians for separated, asylum seeking children" March, 1992
-
DOI 4/97 MIA "Direct settlement" February, 1997
-
DOI 9/98 ADA "Integration subsidy for year 1 and the years 2-5 in 1998" March, 1998
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Joint circular from the Department of children and family and the Department of municipalities and work: "Distinct municipality subsidy for separated asylum seeking and refugee children (chapter 854, item 64)" June 1996
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Individual plan on the municipalities' settlement of separated, asylum seeking/refugee children
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The Department of children and family, action plan: "Children and youth with immigration background" 1995
The circulars regulate the public responsibility for separated children on arrival to the country, during their stay in asylum centres and after settlement in the municipalities.
Practice:
When choosing living- and care solutions, the best interest of the child and the child's individual needs are to be protected. Based on the action plan of the Department, DOI has produced guidelines for the municipalities on settlement of separated children: " Individual plan on the municipalities' settlement of separated, asylum seeking/refugee children", however there is no fixed practice for the individual municipality's work. The municipalities have different practice connected to the use of the Law on child welfare.
Settlement in shared houses is primarily used for separated children who arrive alone and who are without relatives/acquaintances in Norway. For smaller children arriving to Norway, foster homes are most frequently used (Solberg, 1997). Most of the separated children live together with relatives/acquaintances in private settlements.
As a general rule, siblings are settled together. It can be problematic that older siblings, who themselves have problems adjusting to a new country, take over the main responsibility for younger, just arrived siblings (Solberg, 1997). The young ones need contact both with their own ethnical group and with Norwegian youth and adults.
h) To what extent does this conform to the Statement? Please outline in brief.
This conforms to the Statement. However, it comes to light that there is an uncertainty in the municipalities regarding interpretation of rules and legislation and this result in different practice of the Law on child welfare.
i) Are any changes needed? In relation to any first principles?
Both related to residence in asylum centres, settlement in shared houses and settlement with relatives, there is a need for a clarification of the child welfare’s responsibility.
Adoption (SGP:C12.1.4)
j) Please describe relevant law, policy and practice in your country.
Law:
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Law on legal guardians
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Law on citizenship in the Norwegian kingdom
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Law on civil services
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Law on adoption
Policy:
In cases of adoptions, the Law on adoption is followed. The demands on documentation on lacking care persons are strict. In general, separated children have care persons, but not in Norway.
Practice:
There are no known cases of adoption of separated children in Norway.
k) To what extent does this conform to the Statement? Please outline in brief.
This conforms with the Statement.
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.
Law:
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The Law on national register, 16 Jan. 1970 no. 1
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The Law on children and parents, 8 Apr. 1981 no. 7
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The Provision on foreigners and their residence in Norway (The Provision on foreigners), 21 Dec. 1990
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The Law on child welfare, 17 Jul 1992 no. 100
Policy:
Separated children who are stateless have no automatic right to Norwegian citizenship. They are granted residence permit, Norwegian travelling documents or foreigner passports.
n) To what extent does this conform to the Statement ? Please outline in brief.
The existing rules in the Law on citizenship lack a securing of children's right to a citizenship and as such do not conform with the child's right to citizenship as established in the CRC art. 7.
o) Are any changes needed? In relation to any first principles?
There is a need for international regulations solving these questions.
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.
Law:
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Law on child welfare
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Law on legal guardians
Policy:
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White paper no. 17/1994-95 on the refugee policy
Distinct guidelines on return for separate children are not given.
Norway sees the return to safe conditions in the native country as the best and most desired solution to a refugee existence. Therefore, Norwegian policy is characterised by a dual course where both integration and equality for asylum seekers and refugees in Norway is seeked alongside the work of a volunteer return. Initiatives both in asylum centres and after settlement are therefore to be planned in a return perspective. Information about the return programme should be included in all parts of the domestic refugee work. This also applies for the separated children. Return from Norway is to take place according to the UNHCR's Guidelines. Financial assistance in form of individual subsidy can be contributed to those who return to their native countries. In order to achieve a successful integration, co-operation with international and national NGOs and local authorities has to be an objective.
Practice:
Very few separated children have returned.
q) To what extent does this conform to the Statement? Please outline in brief.
Norway's guidelines for return are based on UNHCR's principles for safe and volunteer return.
r) Are any changes needed? In relation to any first principles?
No.
Conditions that must be fulfilled prior to return (SGP: C12.2.2)
s) Please describe relevant law, policy and practice in your country.
Law:
-
The Law on child welfare
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The Law on legal guardians
Policy:
-
White paper no. 17/1994-95 on refugee policy
No distinct guidelines on return for separated children are given.
Practice:
The Directorate of immigration has established a practice regarding volunteer return to the native country for separated children: A letter from the parents in the native country where they confirm the child's return must be presented. Before return, information from the child's legal guardian/care person in Norway must be gathered and he/she has to consent to the return. A contact with IOM's resident representative is established in order to acquire his/her evaluation of safety and security in the native country. The care person from Norway accompanies the child to the border of the native country. At the border, IOM’s resident representative who accompanies the child to the child’s home meets the child.
t) To what extent does this conform to the Statement? Please outline in brief.
No mapping is carried out of the family's care ability in the native country beyond the written confirmation that they are to take over the care for the child. Norway accepts the family's own evaluation of their situation.
u) Are any changes needed? In relation to any first principles?
The mapping of the family situation in the native country does not conform with the descriptions in the SGP. Norway does not have much experience with cases like this. If experience shows that the security is unsatisfactory, proposals for amendments must be evaluated.
Programmes and Aid to Facilitate Reintegration (SGP:C12.2.2)
v) Please describe relevant law, policy and practice in your country.
Law:
Not statutory.
Policy:
The general guidelines say that within the aid performance, it can be allowed for rebuilding- and development objective initiatives. The definite design of is to be decided in consultance with the authorities in the native country.
Practice:
In connection with return of separated children, there is no experience on special aid beyond the general guidelines on all return from Norway to other countries
w) To what extent does this conform to the Statement? Please outline in brief.
The Statement accentuates the importance of facilitating and securing the development of appropriate skills and to assist both the family of the child and the municipality. No distinct guidelines on return of separated children from Norway are given.
x) Are any changes needed? In relation to any first principles?
There is a need for distinct guidelines on return of separated children from Norway.
Settlement in a Third Country (SGP:C12.3)
y) Please describe relevant law, policy and practice in your country.
Law:
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The Law on foreigners
Policy:
Norwegian legislation does not inhibit children to move to family in another country, but the legislation in the other country regulates the child's possibilities to move to a 3rd country. In these cases, the legal guardian can help the child.
Practice:
The immigration authorities informs that there is a large bureaucracy and that it often is very difficult to move between countries.
z) To what extent does this conform to the Statement? Please outline in brief.
This does not conform with the Statement, and this is an international item.
zz) Are any changes needed? In relation to any first principles?
Separated children should have the right to family re-union, also in 3rd countries.
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 state represented by the Directorate of immigration and the Departments, the municipalities and the Central Bureau of Statistics should be responsible. NGOs are important contributors, but they are not responsible for collecting data.
b) What sort of data is required? From government? From NGOs?
Good and practical statistics on living conditions in asylum centres, living conditions after settlement in municipalities, care solutions including legal guardians, supply of housing, health services, education, possibilities for connection with the individual's own ethnical group, possibilities for family re-union and possibilities for return is necessary. The information must be based on both research and experience. In this area too, NGOs can be promotive.
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.
All separated children are registered at arrival to Norway. Here you can find statistics on numbers, sex, nationality, domicile in Norway and statistics on official solutions.
At present, a large research is performed by SINTEF/IFIM on behalf of the state represented by the Department of children and family and the Department of municipalities and work. This is to map the conditions for separated children settled in Norwegian municipalities. This work started up 1999 and will be concluded in 2001.
In 1999, a research on life in asylum centres for all asylum seekers has been presented. The report also includes separated children (Lauritsen & Berg, 1999).
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.
Ratified 25 March 1953.
1967 Protocol relating to the status of refugees
Ratified 28 November 1967.
UNHCR:
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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 UNHCR’s " The Handbook on Procedures and Criteria for Determining Refugee Status" and "Guidelines on Policies and Procedures in dealing with Unaccompanied Children" are not formally endorsed by Norway, but they are so-called "soft-law". I.e. they are relevant sources of law when interpreting the UN convention on refugees and thereby the Law on foreigners.
14.2 International Human Rights Instruments
UN Declaration on Human Rights, 1948.
International Covenant on Civil and Political Rights, 1966 ( and Optional Protocol)
Ratified 13 September 1972.
International Covenant on Economic, Social and Cultural Rights, 1966
Ratified 13 September 1972.
Convention for the reduction of statelessness, 1961
Ratified 11 August 1971
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol 1)
Ratified 14 December 1981
Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-international Armed Conflicts (Protocol 11)
Ratified 14 December 1981.
Convention against Torture, 1984, Art. 3
Ratified 09 July 1986.
Convention for the Elimination of all Forms of Racial Discrimination (1966)
Ratified 06 August 1970.
14.3 Children - International and Regional Instruments
UN Convention on the Rights of the Child, 1989
Ratified 08 January 1991.
UN Standard Minimum Rules for the Administration of Juvenile Justice (25 Nov., 1985)
Not formally endorsed.
UN Rules for the Protection of Juveniles Deprived of Their Liberty ("Beijing Rules") 1990
Not formally endorsed.
European Convention on the Repatriation of Minors, 1970
Not ratified.
European Convention on the Exercise of Children's Rights, 1996
Norway is in the process of ratifying.
Hague Conference on Private International Law:
Convention for the Protection of Minors, 1961
Not ratified.
Convention on the Civil Aspects of International Child Abduction, 1980
Ratified.
Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, 1993
Ratified.
and the associated "Recommendation on the Application of the Convention to Refugee Children"
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 in force yet)
European Union
Joint Action to Combat Human Trafficking and the Sexual Exploitation of Children, Feb. 1997
Not formally endorsed.
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.
Ratified.
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.
Norway has not ratified the Dublin Convention, as this is a convention between the EU-countries. On the other hand, an endorsement of these procedural rules will be of current interest based on Norway’s participation in the Schengen co-operation.
Schengen Convention, 1990
Norway is not a party of Schengen.
European Union
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
Norway is not member of the EU. The above-mentioned positions, conclusions and resolutions are as such not endorsed by Norway. Nor are they included in the area of the EEA co-operation.
Council of Europe
European Social Charter, 1961
Ratified 26 October 1962.
Even though Norway not does formally endorse several of the international statements, they still often apply in internal law. Depending on what organ who has made the statement and the form of the statement, they will to some degree be guiding. Moreover, it would be unserviceable and unnatural with a formal endorsement to several of the international statements.
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, and country of origin.
The following descriptions are from a report from the Refugee office in Oslo, dep. of children and family (Hjelde & Stenerud, 1999) regarding separated, asylum seeking children settled in Oslo in the period 1992-1998.
The report includes a total of 382 separated refugee children, 268 of which were boys and 114 girls. 147 were under the age of 15, 235 were 15-17 years. 157 came from Somalia, 56 came from Eritrea/Ethiopia, 33 came from Vietnam, 55 came from Iran/Iraq, 58 came from Sri Lanka and there were 23 from other countries.
b) What are the main problems (in any areas) that they encountered since arriving in your country?
The separated children constitute an unusual heterogeneous category, and the group’s composition is in continuous motion. The features they have in common is that they have experienced loss, rupture, escape and other extreme stress connected to war and escape. These are conditions which are not discussed at the Refugee office,. but the damage from them can occur later on. The separated children express their three most important needs in three categories:
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An adult who cares for me, who helps and supports me
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To be allowed to be and be treated like a normal youth
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The need for and importance of school and education
"These types of needs are complicated and difficulty fulfilled for separated children in Norway".
c) What positive experiences did they have since arriving in your country?
The basis of the Refugee office is that the children’s own linguistic and cultural competence alongside relatives in Oslo, are resources for the separated child and that the emphasising of this – and personal resources – will help the child to master the exile existence so that the objectives of integration can be reached. This emphasizing is supported by the children who express this through statements and manners when they appear in activities like homework assistance, courses, groups, trips, parties and in their homes. The children themselves emphasise that elements which are important to their maintenance of cultural distinctive character and the signification of relatives are language, religion/culture, food and that "family is important". Related to mastering, especially school and education are mentioned as important elements, but they also have ambitions to do well and to be able to participate as other children do.
d)What recommendations or ideas did they express as to how their experiences could have been improved?
None of the parties (the Refugee office and the refugees) express a desire to settle separated children in Norwegian homes, but they both want the children to have more contact with Norwegians. The basis for integration of separated children is not at home, but outside of it in everyday life. Not only does this apply for a superficial integration, it is just as important to feel included and appreciated. Different group approaches with e.g. music-, pictures- and video groups, have had a positive effect on the children. In the everyday living- and care solution lies a good possibility of attending to the psychosocial needs through the continuity these solutions present in the raising of the children and for establishment of contact between children and adults.
16. POLITICAL LEVEL - SUPPORT FOR CHANGE
a) Describe the level of contact do NGOs working with separated children have with: central government departments, local and regional governments
In working with separated children, Redd Barna has contact with several central government departments. The responsibility for separated children is not clarified, and Redd Barna inquires such clarification. One of Redd Barna’s suggestions is that the Department of children and families confirms and undertakes an executive responsibility, while the Department of justice and the Department of municipalities work at the arrangements necessary to strengthen the situation for the separated children.
Redd Barna receives green papers concerning children, directly or indirectly, from the different Departments. Our task is to evaluate the proposals for legislative change in the light of children’s’ needs and rights. The last couple of years, the Department of Justice has produces several changes regarding separated children. In connection to this, Redd Barna has participated in a working group and made proposals for change, which to some extent have been followed up by the Department. Many of Redd Barna’s proposals for change are related to interrogation of the asylum-seeking children.
In connection with asylum centres where separated children are to reside temporary, Redd Barna has been in contact with the County governor. One of the County governor’s instructed duties, is to supervise institutions. Redd Barna’s opinion is that asylum centres for separated children is to be regarded as an institution for children which the County governor should supervise, but the guidelines from the Department are indistinct in this matter.
Redd Barna has some contact with the local level when it comes to appointment of legal guardians. Additionally, local Redd Barna projects have been initiated in order to improve the situation for separated children in the asylum centres.
b) describe any contacts with European institutions eg: MEPs, European Commission (NB: please give names)
Redd Barna represents the Int. Save the Children Alliance in The Council of Europe’s Child Forum. The chair of the forum is Inger Johanne Wremer from the Department of children and families. This forum is a natural arena for questions regarding the situation of separated children and European politics.
16.c)can you identify, at the different political levels, any sources of support for improving the situation of separated children?
At present, a research programme, which is to identify good models and action plans for separated children, is ongoing. The programme includes six municipalities working with separated children and 25 municipalities wishing to receive separated children for settlement. In connection to this programme, a network is established which is discussing child related approaches and which exchanges experiences and ideas both regarding organisation of models and how to put good models into practice. The network is a vital forum revealing possibilities and obstacles, and the Departments participate in conferences where the material from the network is presented. A systematic dialogue has lead to that separated children are more visible and have obtained the focus necessary. This is reflected in political priorities when it comes to shorter deadlines in the consideration of cases, established arrangement in the school system, inferior demands for protection needs than adults have and very few rejections.
d) can you identify, at the different political levels, the main obstacles to change?
The central government must make a breakthrough in motivating the municipalities in Norway for settlement of separated children. Today, the municipalities themselves can choose whether they will settle refugees or not. This leads to that many refugees live in asylum centres for several years, the separated children live there for a much longer period than the three months being the Government’s objective. The central authorities need to evaluate instruments to succeed in their settlement programme.