SEMINAR ON RECEPTION AND RETURN OF UNACCOMPANIED MINORS Reception of UMA s in Greece

1. SEMINAR ON RECEPTION AND RETURN OF UNACCOMPANIED MINORS“Reception of UMA’ s in Greece” Tisvildeleje – Denmark 11th – 12th June 2009

2. Statistical Information's for Asylum Seekers In Greece

3. Recognitions of Refugee Status – breakdown by nationality(1st and 2nd instance)Year 2008

4. Granting of humanitarian status – breakdown by nationalityYear 2008

5. Statistical information on asylum in Greece(1997 – 2008)

6. Statistical Information's for UM In Greece

8. Reception Centers In Greece

9. Reception Center in Anogeia, Crete NGO – “National Institute of Youth” Capacity : 25 children Duration of accommodation : Till adulthood Freedom of movement : YES (no exit after 9:00) Funding : Ministry of Health and Social Solidarity and ERF Social and psychosocial services : one social worker and one psychologist in part-time Greek language courses : In house by instructors on an hourly basis Translation : Provided by Greek speaking minors

10. Reception Center in Anogeia, Crete Legal assistance : On a case by case mostly provided by GCR Financial Support : 54 Euros per month Other facilities : Monthly bus card Internal Regulation : The minors are informed orally of their rights, obligations and operation rules of the Center Education : The Center aims to register minors to school Health Services : At the local health services Food and items of self hygiene Multicultural, entertaining and athletic activities Employment : Efforts undertaken, minors who work nevertheless do not possess work permit and social security

11. Reception Center in Thessalonica NGO – “Social Welfare” Capacity : up to 30 children Funding : Ministry of Health and Social Solidarity and ERF Duration of accommodation : Till adulthood Freedom of movement : YES (no exit after 24:00) Social support services : Social Worker and Psychologist Greek language courses : In house by instructors on an hourly basis or by volunteers when there is no funding Translation : YES (3 interpreters) Health Services : At the local health services Employment : Not actively promoted

12. Reception Center in Thessalonica Legal Assistance : Cooperation with a layer and a human right jurist Internal Regulation : The minors sign a relevant application form and acceptance of terms of accommodation and operation of the Center Cooperation with a layer specialized in the refugee status Financial Support : 20 Euros per month Education : School is compulsory Other facilities : Free bus tickets Food and items of self hygiene Multicultural, entertaining and athletic activities Cooperation with the local hospital

13. Reception Center in Makrinitsa, Volos NGO – “Arsis” and “Hellenic Care” Capacity : 30 children Financial Support : Ministry of Health and Social Solidarity and ERF Psychosocial services : One psychologist Duration of accommodation : Till adulthood Freedom of movement : YES (no exit after 21:00) Greek Lessons (In house only by volunteers and by the Institute of Lifelong Learning not in an continues basis) Health Services : At the local health services Employment : Efforts undertaken, minors who work nevertheless do not possess work permit and social security

14. Reception Center in Makrinitsa, Volos Cooperation with a layer specialized in the refugee status Translation : Provided by Greek speaking minors Legal assistance : Cooperation with a layer No financial support Internal Regulation : The minors sign a relevant application form and acceptance of terms of accommodation and operation of the Center Free telephone cards and bus cards Education : School is not compulsory Food and items of self hygiene Multicultural, entertaining and athletic activities

15. Reception Shelter in Athens NGO – “Association for “The Care for Minors” Capacity : 12 children Financial Support : Self financed Cooperation with law departments of other NGO’s No financial support Free bus tickets Internal Regulation : The minors sign a relevant application form and acceptance of terms of accommodation and operation of the Center Food and items of self hygiene Multicultural, entertaining and athletic activities

16. Reception Shelter in Athens Freedom of movement : YES (the minors may leave in the evening and spend the night out with a special permission) Social support services : One Social Worker Greek Lessons (by GCR or “Arsis” or program “PYXIDA”) Translation : NO (Provided by Greek speaking or by other NGO’s) Legal Assistance : Provided by other structures like GCR, The Ecumenical Refugee Program, ARSIS, Lawyers Group Education : School is compulsory for those aged under 16 Health Services : At the local health services Employment : Actively promoted for older minors. All minors who are employed posses work permit and social security

17. Reception Center in Agria, Volos NGO – Hellenic Red Cross Financial Support : Ministry of Health and Social Solidarity and ERF Capacity : 52 minors Psychosocial services : 2 Social Workers Legal assistance : Provided by a lawyer Translation : One interpreter Health Services : At the local health services Free bus tickets Education : School is compulsory Employment : Actively promoted for older minors. All minors who are employed posses work permit and social security

18. Reception Center in Agria, Volos Freedom of movement : YES (the minors may leave in the evening and spend the night out with a special permission) Internal Regulation : The minors sign a relevant application form and acceptance of terms of accommodation and operation of the Center Greek Lessons (In house by an employed teacher and volunteers, also taken English and computer courses) Multicultural, entertaining and athletic activities Food and items of self hygiene Health Services : At the local health services

19. Definition of a Guardian The Greek legislation (P.D 61/1999) defines the Minor’s Public Prosecutor as guardians for UM who have made an application for asylum. Nevertheless, the operation of the guardianship appears to be inadequate The Public Prosecutors mention that they are practically unable to effectively perform their duties as guardians due to the overwhelming work load

20. The necessity of the guardian : All NGO’s structures emphasize the serious and wide- ranging problems that arise from the absence and a permanent and effective guardian. It affects every aspect of the integration matter of minors life (it starts from the registration at school until the work permit). The guardian is not only an administrative and legal representative of the minor but acts as a reference point and a role model for the latter, especially when the minor is away from his country and natural family.

21. The necessity of the guardian : The existing accommodation centers (and their administrators personally) are very reluctant to take over guardianship for the minors they host for a number of reasons : These Centers are created through private initiative and the responsibilities they may arise from taking over guardianship may appear too serious from the administrators.

22. The necessity of the guardian : They also point out that they are open Centers and they do not wish to be continually supervising the minors while at the same time they believe that such a development would mean that the state conveys again its obligations concerning minors to third parties.

23. Difficulties in the asylum procedures in Greece The length of the asylum procedure and its frequent negative decision Inadequacy in Reception Shelters (total capacity of 90 – 95 minors) The determination for Refugee status does not differ from those followed for adults Problems with the vast numbers of minors who do not ask for asylum

24. Difficulties in the asylum procedures in Greece Lack of programs for vocational and educational training The minors do not undergo any systematic screening medical tests at the entry points of the country Lack of funding The statistical representation of the minors who do not enter the asylum procedure is obscure

25. Difficulties in the asylum procedures in Greece The procedures followed by the asylum authorities for the determination of the refugee status for UM do not differ from those followed for adults Lack of accommodation facilities for minors The overwhelming majority of minors do not join any official vocational or technical training program

26. Analysis of the current situation : In one hand there are many cases that the authorities have registered minors with a different date of birth that they themselves declare. This may take place either during the first registration or less frequently in a subsequent official document. Usually the authorities act in this way because they have doubts about their true age or simply due to communication problems or due to the ignorance of the calendar used (mainly in the case of Afghanis)

27. Analysis of the current situation: On the other hand there are many cases where a young adult declares to be under age while is evidently above 18. This practice seems to grow when they found out or suspect that by alleging to be minors they may get a more lenient treatment (in particular concerning the time of their deportation following their arrest when entering Greece) and especially that they will not fall within the aforementioned provisions of regulation 343/2003

28. Analysis of the current situation: Both the existing and the future legislation framework allow police authorities to request age assessment medical examinations for minors who are not in possession of documents indicating their age. Equally, any minor has the right to refuse to undergo such examinations. Because of the high cost of these examination and the impossibility to determine the exact age it is highly unlikely that the authorities adopt such measures.

29. UM : THE PATRA EXPERIENCE

30. FINAL DESTINATION : FROM WHAT IT DEPENDS ? The family network The existence of an organized community Rumors Deliberate misinformation by members of illegal trafficking Better welfare system for the refugees

31. A non official refugee “accommodation”… It exists for 13 years 1.500 – 1.800 persons Bad living conditions Access to the harbor 200 about tents 7 toilettes 3 showers 1 cook room 1 mosque Tent of NGO “Doctors without Frontiers”

32. A non official refugee “accommodation”…

33. Hellenic Red Cross Assistance : Legal assistance Social support services Escorting From October 2006 more than 140 MU have been hosted in accommodations Program “Mobile Unit” (January – August 2008) Action “Raft” (March – December 2008)

34. Hellenic Red Cross Assistance :

35. MEASURES TO BE TAKEN : Safe entry into the Greek territory, identification and assessment of needs, assessment of minority for all unaccompanied minors. Application of measures to control illegal immigration at border areas in a manner that shall exclude any possible threat towards human life, for all third country nationals in general, and particularly for minors. Manning of state services at border areas (particularly the police, the coast guard and the prefecture) with staff having the appropriate expertise in the identification, registration and assessment of the situation of minors.

36. MEASURES TO BE TAKEN : Adoption of a state age assessment procedure, on the basis of procedures and methods established in other European states, or in its absence, full respect to the benefit of the doubt principle, applied in favour of the minor. Immediate annulment of the measure of administrative detention for all separated children. Detention must be applied only for particular, temporary and exceptional reasons (for instance, protection of the minor until its safe referral to appropriate care structures) and, in such cases, it must be implemented under such conditions as are appropriate for its age and status as unaccompanied (separation from adults, with the necessary infrastructures, recreational activities and access to fresh air, the necessary medical and social attendance, the provision of items of immediate need).

37. MEASURES TO BE TAKEN : Immediate referral of separated children to the special reception/accommodation centres available, in cooperation with appropriate agencies (Ministry of Health and Social Solidarity). Strengthening of the system of prevention and combating of illegal trafficking and exploitation of children. Issuance of a circular, with the cooperation of all involved ministries, specifying the actions and duties of each actor in the reception process for unaccompanied minors. Significant enhancement of the statistical reporting and data concerning unaccompanied minors entering the country, in order to strengthen the monitoring of their cases, and their potential tracing, in cases of disappearance.

38. MEASURES TO BE TAKEN : Continuous training of the Prosecutors for Minors, as well as the First Instance Court Prosecutors, on the issues of separated children. Legislative and practical reinforcement of the guardianship policy for separated children. Enhancement of the social services of the prosecutors’ office, to enable them to substantially and fully engage with the protection of all separated minors. Full assumption of the duties of temporary and permanent guardians in all areas concerning the protection of the minor and the safeguarding of its rights (access to the asylum procedure, accommodation, right to education, right to health, right to religion, etc).

39. MEASURES TO BE TAKEN : Unimpeded access to the asylum procedure for all separated minors, and immediate receipt, registration and handling of their claims. Provision to separated minors of full information on their rights and on the requirements of the asylum process in their native language, with the assistance of interpreters. Access to free, state legal aid services. Manning of the police authorities with appropriately trained staff (particularly women) in interviewing minors. Determination of the Best Interest of the Child – through internationally established procedures – by expert social and psychological services (within the guardianship framework), so that the child’s best interest shall be taken into account both at the level of the examination of its claim for international protection, and at the level of identification of permanent solutions for its case.

40. MEASURES TO BE TAKEN : Increase in the number of reception centres hosting separated minors, so that they become capable of accommodating the totality of separated children, at least until the reaching of adulthood. Qualitative and quantitative enhancement of the services provided in these centres, with the disposal of necessary funds on a permanent and regular basis. Examination of asylum claims lodged by separated children in priority, completion of the procedure before minors depart from the reception centres. Recognition of the refugee status to all minors who fulfil the criteria of the 1951 Refugee Convention, in accordance with procedures that reflect all relevant guidelines issued by the United Nations High Commissioner for Refugees as concerns unaccompanied children. Legal residence and protection for every separated child until the reaching of its majority.

41. QUESTIONS ?

42. THANK YOU FOR YOUR ATTENTION!!