Asylum seeking children in Latvi a Nadina Millere Rep re s entati ve of Latvian Association

1. Asylum seeking children in Latvia NadinaMillere Representative of Latvian Association of the Orphan's Courts Employees and The head of Orphan` s Court Stockholm 28.09.2012.

2. RepublicofLatviaStateBorderGuardinformation Foreigners minors who are illegally staying in Latvia2010 - 9 foreigners (1 sent to India 1 - granted a temporary residence permit, 3-* to Afghanistan, 3 - with her mother applied for asylum, 1 - applied for asylum) 2011 - 3 foreigners (1 - returned to Pakistan, 2 - with her mother applied for asylum). 2012 - 10 (6 - children from one family (staying Latvian crisis center awaiting deportation), 4 - returned to Russia).* Amendments to the Immigration Law (16.06.2011.) Foreigner to 18 years had a separate procedure for sending to a country that person back.

3. Asylumseekerschildren

4. Unaccompanied asylum-seeking minors

5. Howdidtheycome to (through) Latvia . .

6. DETENTION of MINORSattheagebetween14 to 18 years The State Border Guard immediately informs on detention of unaccompanied minor: ConsularDepartment ofMinistry ofForeignAfafirs StatePolice Orphan’sCourt (representstheinterestsof UAM)

7. UNACCOMPANIED MINORS (UAM) If an unaccompanied minor is illegal: the appropriate authorities are notifed. If the child is to be expelled He/She shall be represented by one of the following during the legal process - the Orphan’s Court; - an appointed guardian or - a childcare facilities manager. If the identity and citizenship or the country of origin of UAM is established,: • Contact will be made with the appropriate diplomatic institutions which supervise the protection of the children’s rights; II . Confirmation, verification will be performed in order to ensure the the accuracy of decision. III. Transfer of UAM to the legal representative of the parents or whoever is responsible for the placement into the suitable accommodation facility.

8. Accommodationof minors If a minor is accompanied and detained, allmemberswillbetransported to theForeigners’accommodationCenter“Daugavpils” If a minoris not detained, but his adult family member is detained, the 2 possible options are: 1) if an adult family member wishes, all members can remain together at an Accommodation center, but if the adult family member does not wish to accompany his minor, Child will be sent to premises with favourable conditions – e.g. Child care center or at the place of residence of foreigner’s relatives residing in Latvia. A detained UAM who is between the ages of 14 to 18 years will be sent to: 1) a structural unit of the State Police. If identity and citizenship cannotbedetermined, the State Police shall ensure accommodation in a Child care center.

9. Ageassessment StateBorderGuardinaccordancewithImmigrationLawhastherightdetermineandorganizeageassessmentexpertise Ageassessmentiscarriedoutwiththepurpose: To determinewhtehertheminorforeignerisattheagebetween 14 to 18 years (to assesspossibilityfordetentionandnecessity to appoint a legalguardian) TheStateBorderGuardhasexperienceinageassessmentofminorforeignersonlyinasylumprocedure. Inallageassessmentcases minors wereidentifiedasadults.

10. Orphan's Courtsdutiesandresponsibilities If the Orphan's court finds abuse or threat to life, it is obliged to: 1) inform the appropriate authorities; 2) assign temporary guardian; 3) place the child in a safe environment; 4) Suspendthe status anddutiesoftheguardian. The caseandfamilymonitoring. * LawOnOrphan'sCourts

11. CriteriasforGuardianship Status The orphans' court shall evaluate at the following factors: • 1) Motivation to be guardian; • 2) Family status and relationships; • 3) Employment; • 4) Living conditions; • 5) Ability to support children, emotional and financial; • 6) Psychological, and emotional, drug condition, drug addict or not.

12. FinancialCompensationfor UAM guardians States benefit - Daily Allowance for food and expenses – Ls 1.50 ~ 3.00 Eiro, if they have not incomes Guardian compensation, benefits, allowance Ls 32 + Ls 38 = 70 Ls ~100 Euro / per month (If person`s live in child care institution, they have not this compensacion) States benefit for UAM - 30% of the 180 Ls ~ 54 Ls per month ~77 Euro if: • they have refugee status or subsidiary protection; • do not live in state funded center. Language study benefit - 35 Ls – 50 Eiro per month

13. Storyabout Dita Rita is from the Congo. She says that she is 15 years old. She flew through Moscow with her sister. Her sister was arrested and she was left unaccompanied, alone in a foreign country. She only speaks a tribal language, which is slightly similar to the French language. So there may be some communication. She is smiling and happy because she is one of the few tribal people who escaped and is able to travel to a safe country. Rita was luckier than her sister because she was transported after a week to a Foreigners' accommodation Center. A guardian was appointed to Dita. After two days, Dita left the asylum center and headed in an unknown direction. Questions remain. Where and why did she go? Will she come back to Latvia? Is anyone interested? What should we do with her case?

14. StoryaboutSahimi Boy from Afghanistan. He does not speak another language. He is 16 years old.  It was extremely difficult to find an interpreter for the Afghan language. Sahimi said that his father gave him money for him to move to another country.  “My father was a Afghanistan Taliban supporter”, said Sahimi. His Father and family was harassed by the Mafia and was shot, so Sahimi escaped with his family to another country.  He wanted to get to Germany because they heard that it was a peaceful place. Due to the shortage of money, they stayed in Latvia.  He has been studying Latvian for 4 years in Russian. .... This boy is angry because of his difficult situation and does not want a guardian. He is alone in a hostile world.  He enrolled in a Russian school in Riga, living in a child care institution. He is 20 years old now and the State is still providing him a place to live because he has nowhere to go.  It is not the municipality’s legal obligation, but it still provides him with shelter. Sahimi does not want a guardian and wants to live in the institution. The State has finally decided to finance the living expenses after 2 years under municipality support. Questions: What will be next with Sahimi? Further education. Social functions are being performed by the school and the State.

15. Problems / Questions What are the requirements for a guardian? It is difficult to assess the requirements for guardian (psychologist, health status, ability to represent the interests of the child) Lack of information about the guardian and their intentions Guardianship is not desired by the Latvian inhabitants. What should be done with custody cases? What happens to the custody and monitoring? How much and for how long would social support last for Dita and Sahimi? Language barriers are also issue for education and social exclusion. Who would want to be a guardian and could meet the criteria?

16. Some issues and risks include: •  absence of mechanisms for asylum seekers; • educational programs and funding; • integration and social exclusion; • emotional problems; • terrorist threat; • human trafficking; • people with no childhood.

17. Possible Solutions: • Harmonized rules and regulations for guardianshipfor UAM; • State funding and involvement (social welfare, translators, etc.) • Shared experiences among developed countries.

18. Thank You for Yours attention!