Doc. 9697

12 February 2003

Protection and assistance for separated children seeking asylum

Motion for a recommendation

presented by Mrs Vermot-Mangold and others

1.       The Assembly expresses deep concern at the situation of children who leave their countries of origin to seek asylum in Council of Europe member states and who are separated from their parents or legal/customary care-givers.

2.       According to information provided by the United Nations High Commissioner for Refugees (UNHCR), in the past few years around 15–20 000 separated children have applied for asylum in 28 western and central European countries. Most of them were between 15-18 of age. They come mainly from the Democratic Republic of Congo, Rwanda, Burundi, Sierra Leone, Somalia, Morocco, Afghanistan, but also from Council of Europe member states such as Albania and Russia (notably from Chechnya).

3.       Separated children may flee their countries of origin due to war, armed conflict, persecution or severe poverty. Sometimes they flee for reasons specifically relating to being children, such as forced recruitment as child soldiers, female genital mutilation (FGM), forced child labour, sexual exploitation, forced marriages and pregnancy, abuse or neglect from their families.

4.       The hearing on the specific situation of young migrants (European Youth Centre, Budapest,
15-16 December 2001), organised by the Committee on Migration, Refugees and Demography, and the report on the situation of young migrants in Europe (Rapporteur: Mr Yáñez-Barnuevo, Spain, SOC) cast a light on the situation of separated migrant children in general and identified some areas where the action of the Council of Europe could contribute to its improvement. The hearing on the situation of young refugees (European youth Centre, Budapest, 18 December 2002), organised in co-operation with UNHCR and with the participation of young refugees, highlighted the specific needs of those, among separated children, who are in need of international protection and wish to lodge an asylum application in a Council of Europe member state.

5.       The main concerns raised during the hearing on young refugees with reference to separated children seeking asylum focused on identification, age assessment, family tracing, appointment of a guardian, provision of suitable interim care, access to the asylum procedure and legal representation, freedom from detention in relation to the asylum procedure and special considerations to be applied by authorities in charge of determining asylum applications from separated children.

6.       The Assembly recalls the activity of the Council of Europe in the area of children rights as well as its activities on behalf of refugees and people in need of international protection. It stresses, however, that separated children seeking asylum represent a vulnerable group with specific needs and requiring specific action, as the establishment of the Separated Children in Europe Programme by UNHCR and the Save the Children Alliance demonstrates.

7.       The Assembly therefore recommends that the Committee of Ministers:

- ask its relevant committees to conduct an in-depth review of national provisions applying to separated children seeking asylum in Council of Europe member states;

- adopt policy recommendations to ensure that separated children seeking asylum are granted unimpeded access to the asylum procedure and are treated in keeping with their age throughout the procedure;

- in co-operation with relevant international agencies, and in particular UNHCR, support the organisation of specific training for authorities and officials dealing with separated children during the asylum procedure;

- call on Council of Europe member states to comply with the guidelines of the Separated Children in Europe Programme.

Signed : ¹

Vermot-Mangold, Switzerland, SOC

Akselsen, Norway, SOC

Brînzan, Romania, SOC

Bušić, Croatia, EPP

Çavuşoğlu, Turkey, EDG

Christodoulides, Cyprus, UEL

Cilevičs, Latvia, SOC

Danieli, Italy, LDR

Dmitrijevas, Lithuania, SOC

Evin, France, SOC

Fernández Aguilar, Spain, EPP

Gülçiçek, Turkey, SOC

Hancock, United Kingdom, LDR

Hoffman, Germany, SOC

Judd, United Kingdom, SOC

McCafferty, United Kingdom, SOC

Soendergaard, Denmark, UEL

Vera Jardim, Portugal, SOC

Zwerver, Netherlands, SOC

¹        SOC: Socialist Group

      EPP: Group of the European People’s Party

      EDG: European Democratic Group

      LDR : Liberal, Democratic and Reformers’ Group

      UEL: Group of the Unified European Left

      NR: not registered in a group