Asylumseeking Children

1
Asylum-seeking Children

• Adele Jones

Family Support and Child Welfare Opportunities
for Inter- professional Learning 14 November,
Nationwide Childrens Research Centre and
University of Huddersfield
2

• Excellencies, Messrs. members and officials of
  Europe. We have the honorable pleasure and the
  great confidence in you to write this letter to
  speak to you about the objective of our journey
  and the suffering of us, the children and young
  people of Africa.
• But first of all, we present to you life's most
  delicious, charming and respected greetings. To
  this effect, be our support and our assistance.
  You are for us, in Africa, those to whom it is
  necessary to request relief. We implore you, for
  the love of your continent, for the feeling that
  you have towards your people and especially for
  the affinity and love that you have for your
  children whom you love for a lifetime.
• we call out for your solidarity and your
  kindness for the relief of Africa. Do help us, we
  suffer enormously in Africa, we have problems and
  some shortcomings regarding the rights of the
  child. In terms of problems, we have war,
  disease, malnutrition, etc. As for the rights of
  the child in Africa, and especially in Guinea, we
  have too many schools but a great lack of
  education and training. Only in the private
  schools can one have a good education and good
  training, but it takes a great sum of money. Now,
  our parents are poor and it is necessary for them
  to feed us Therefore, if you see that we have
  sacrificed ourselves and risked our lives, this
  is because we suffer too in Africa and that we
  need you to fight against poverty and to put an
  end to the war in Africa. Nevertheless, we want
  to learn, and we ask you to help us in Africa
  learn to be like you.
• Finally, we appeal to you to excuse us very,
  very much for daring to write this letter to you,
  the great personages to whom we owe much respect.
  And do not forget it is to you whom we must
  lament about the weakness of our abilities in
  Africa. Sanguine Koita and Fodé Tounkara.

3

• Sanguine Koita and Fode Tounkara were found dead
  in the landing gear of the airplane they stowed
  away in. The letter that was found with them
  pricked the collective conscience of many in the
  Western world not only because of its plea but
  because it was quite clear the boys were prepared
  to die.

4
Definitions

• Refugees - 1951 Convention relating to the Status
  of Refugees a person who owing to a
  well-founded fear of being persecuted for reasons
  of race, religion, nationality, membership of a
  particular social group or political opinion is
  outside the country of his nationality and is
  unable, owing to such a fear, or is unwilling to
  avail himself of the protection of that country
  or who, not having a nationality and being
  outside the country of his former habitual
  residence. . . is unable or, owing to such a
  fear, is unwilling to return to it.
• Asylum-seekers are persons whose applications for
  asylum or refugee status are pending a final
  decision

5
Global View

• By the end of 2006, there were an estimated 17
  million displaced persons, approximately 10
  million of whom were refugees
• While Africa provides the largest number of
  refugees, it also receives the most. In 2006 SA
  received the largest number of asylum seekers,
  the US was second (50,800) followed by Kenya
  (37,300), France(30,800), the UK (27,800), Sweden
  (24,300), and Canada (22,900).
• The highest number of new asylum claims in order
  were from Somalis, Iraqis, Zimbabweans,
  Eritrean, Chinese, and Rwandans.
• About 60 per cent of all new Somali asylum claims
  were in Kenya, where UNHCR conducts refugee
  status determination.
• The Iraq war has caused a large outflow of
  refugees - Iraqi citizens claimed asylum in more
  than 70 countries world-wide during 2006.
• The highest concentration of Zimbabwean
  asylum-seekers was in South Africa (19,000 new
  claims) and the United Kingdom (2,100). The
  majority of Eritrean asylum applications were
  lodged in Sudan(8,700), the United Kingdom
  (2,700), Ethiopia(2,700), and Switzerland (1,200)
  
• (IOM 2007)

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• Approximately half of the 17 million displaced
  persons are children. Whilst all refugees suffer
  multiple losses and most, trauma children are
  particularly vulnerable to the consequences of
  displacement. Children, especially if
  unaccompanied, stand the risk of being
  trafficked, prosecuted and abused. Many such
  children are already in a traumatized state,
  having been victims or witnesses of atrocities,
  while others have been lost or separated from
  their families. There are many long-term
  consequences that stem from the displacement of
  children. For example, the sudden and often
  ongoing disruption of education has enduring
  consequences (UNHCR, 2005).

7
UK

• In 2006, there were 23,610 asylum applications,
  8 per cent less than in 2005 (25,710).
• Including dependents there were 5,920 asylum
  applications in the second quarter of 2007 12
  lower than the previous quarter. This compares
  with an estimated decrease of 10 in the rest of
  the EU15 (excluding Greece, Luxembourg, Portugal,
  Italy and the UK). The top five applicant
  nationalities were Afghan, Chinese, Iranian,
  Somali and Zimbabwean.
• Initial decisions - There were 5,935 initial
  decisions in the second quarter of 2007. Of
  these, 14 were granted asylum, 9 granted either
  Humanitarian Protection or Discretionary Leave
  and 76 refused.

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(No Transcript)
9
UASC

• Since 2000 over 15,000 unaccompanied children
  have entered the UK seeking asylum. On arrival
  these children have no identification,
  information, documentation or guardians.

10
Sources and Causes

• Ministerial and media explanations for the
  increase in numbers is that unaccompanied asylum
  seeking children are often economic migrants sent
  to the UK because their families cannot support
  them.
• Research on the source of refugee flows shows
  however that the majority of asylum claims come
  from countries facing civil war, famine or other
  tragedy (e.g. Gilbert, 1994, Refugee Council,
  1994, IOM 2007).

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Fode and Sanguine - Context

• Poverty Income per capita in Africa is lower
  today than it was 20 years ago when the IMF
  structural adjustment programmes began. Most
  sub-Saharan Africans live below the poverty line
  life expectancy declined in 31 African countries
  between 1995 and 1998. Africa spends 14 billion
  each year 40 million each day repaying debts
  and only gets 12.7 billion in aid. Total foreign
  debt stood at 319 billion in 1999 59 per cent
  of GDP.
• War Africa is the most war-torn region of the
  world. In 2000 there were 15 major armed
  conflicts. From 1989-98 the US supplied 111
  million worth of arms to governments involved in
  war, including DR Congo, Rwanda, Angola, Burundi,
  Chad, Sudan, Uganda and Zimbabwe. The countries
  that sell most arms are the US, Russia, France,
  Britain and Germany.
• (Jubilee Debt Campaign Factsheet 4, July 2002
  http//www.jubileedebtcampaign.org.uk)

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Issues for asylum-seeking children

• Detention
• Health
• Poverty
• Education
• Racism
• Child Protection
• Family separation
• Deportation

13
Detention

• The use of detention for asylum seeking children
  is prohibited by the CRC and has been condemned
  by HM Inspectorate of Prisons.
• 2,000 children of asylum-seekers are locked up
  every year (Independent 28.3.06)
• There is no statutory time limit and no
  requirement for their detention to be sanctioned
  by a court. In our experience, many do not have
  legal representation and are therefore unable to
  exercise their right to a bail application. We
  have serious concerns about childrens welfare
  (BID 2004)

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Research

• Children held in a detention centre suffered a
  wide range of psychological disturbances,
  including bed wetting, impaired cognitive
  function, and separation anxiety.
• Detainees' previous traumatic experiences - which
  may include torture - combined with a total loss
  of control of their lives, and the prison-like
  environment of the centres, may combine to
  destroy their mental health (O'Sullivan 2001)

15
Detention

• Ayodele Michael Ode born 17/04/06 92 days old,
  born in prison transferred to Yarls Wood IRC 70
  days in detention
• Leatitia Kakmeni Pameni born 12/10/03 and Stacy
  Leuni Sinyoue23/02/05 68 days in detention
• Princess Solomon born 19/10/97 and Promise
  Solomon 06/01/04
• 50 days in detention
• Adecokundo Taiwo Born 20/06/02 and Adeole Taiwo
  born 13/01/05. 15 days in detention
• Aliyah Benoni born 15/06/06 born in prison
  transferred to a detention centre when she was 20
  days old, 14 days in detention
• Molly Ssebatta born 05/10/01 19 days in
  detention
• Aboubacar Bailey Junior born 16/04/06 born in
  prison, transferred to detention centre 19 days
  in detention

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• In 2005 prison inspectors found a five-year-old
  autistic girl at Yarl's Wood who was so badly
  neglected she had not eaten properly for four
  days. Inspectors warned that other children there
  were "damaged
• The Refugee Council, Save the Children UK and
  Bail for Immigration Detainees (BID) have
  highlighted research which shows that the
  detention of under-18s leads to depression,
  distress, changes in behaviour, loss of sleep and
  weight loss, as well as disrupting their
  education.
• The charities have received complaints of filthy
  conditions in family wings with 30 people sharing
  a single bathroom. There have also been claims of
  outbreaks of cholera and diarrhoea in removal
  centres. (The Independent, 28.03.06)

17
Health

• Study of 101 refugee children
• More than a quarter had significant psychological
  disturbancegreater than in both control groups
  and three times the national average
• Refugee children showed particular difficulties
  in emotional symptoms
• As refugee children have access to only limited
  clinical services, the findings raise concern
  that refugee children have large unmet mental
  health needs that need to be tackled.
• The development of services should include
  collaboration with schools, primary health care,
  and community child mental health teams
• (Fazel and Stein 2003)

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Risk and Abuse e.g. links with trafficking

• As a consequence of the civil war in the DRC John
  17 was living on the streets. He was picked up by
  a man who took him to Burundi where he was
  sexually abused within a sex trafficking network.
  Then trafficked from Burundi to Spain where he
  was given a new identity. In Spain he worked as a
  prostitute in gay bars but was not given any
  money. After 8 months he was trafficked to France
  and a month later trafficked to England. In
  London, one of the men helped him escape to
  Birmingham and helped him claim asylum. During
  this time John received threatening emails from
  the trafficking ring. John was accommodated in
  semi-supported accommodation by the LA. The Home
  Office disputed Johns age and one day, without
  warning he was collected by the Immigration
  Authorities at 6.30am and taken to the airport.
  He was returned to Spain.
• Immigration regulations permitted this action
  although it placed John at even greater risk and
  is counter to all international obligations for
  the protection of victims of human trafficking,
  whether over or under 18 years of age. (SCF 2006)

19
UASC

• The numbers of UASC supported at the present time
  is around 5,500 6,000, plus around 1,000 over
  eighteen year old former UASC.
• Over last five years - a higher number of under
  sixteen year olds and a change in the ratio of
  boys and girls- from 80 -20 to 50 - 50
  therefore support is needed for more girls most
  of whom have experienced significant trauma
• 10 of all looked after children are UASC (ADSS
  2006).

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Policy Changes

• The Immigration and Nationality Directorate (IND)
  - now the Borders and Immigration Agency (BIA).
• NAM New Asylum Model -claims from children 'in
  their own right' (including UASC). The changes
  have much wider implications for UASC who turn 18
  who may  no longer have access to employment,
  benefits or a leaving care service from a local
  authority beyond age 18 if their asylum claim
  fails.

21
Support

• A young person by virtue of being unaccompanied
  should be supported under S 20 (CA 1989). If
  supported under S 20 for over 13 weeks prior to
  their 18th birthday, they become a former
  relevant child and at age 18 are therefore
  entitled to leaving care support.
• In August 2003, the London Borough of Hillingdon
  faced a Judicial review and the judgement
  reinforced the local authorities duty to provide
  support under the Children (Leaving Care) Act
  2000.

22
LA Views on responsibility

• Needs and welfare of the child are paramount
• All children should be treated equally and LAs
  liable to legal challenge of discriminatory under
  Human Rights legislation
• Statutory responsibility for UASC is no different
  than those for indigenous children and as such
  their needs must be understood and accepted by
  LAs
• The local authority faces Judicial Review if it
  treats UASC differently (ADSS 2006)

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Practice

• Effective assessment on arrival with support
  for the young person. Children suspected or
  identified as trafficked should be offered free
  legal representation and information on legal
  rights as a victim of trafficking under UK and
  international law.
• Separated children who are age-disputed should be
  treated as minors whilst they are awaiting
  independent assessment.
• Multi-agency training programmes should be
  developed to ensure cross-sectoral understanding
  of child trafficking issues. In addition,
  specialised training should be given to those
  working directly with UASC (and trafficked
  children), including social workers, police,
  legal, interpreters and medical services.
• Local Children Safeguarding Boards should develop
  multi-agency protocols and guidance with the
  participation of local community groups for the
  identification of child victims of trafficking.
• Improved systems of identification, monitoring
  and recording of trafficking cases must be
  explored using the principles set out within
  Every Child Matters
• Planned, supported movement of UASC to other
  parts of the country in appropriate cases
• As for any other child, any assessment and
  pathway plan for UASC must ensure the five
  outcomes of Every Child Matters are considered
  Be healthy
• Staying safe
• Enjoying and achieving
• Positive contribution
• Economic well-being
• (ADSS, 2006 SCF 2006)

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Challenges

• Conflict between legislation for indigenous
  children and UASC. E.g. Educational Maintenance
  Allowance is payable to all children who meet the
  eligibility, except UASC. The Leaving Care
  responsibilities for former UASC causes conflict
  between childcare and immigration legislation.
• Only approx 5 of UASC will be given leave to
  remain at eighteen, the other 95 will be
  returning to their country of origin at some
  time. This means that the childs pathway plan
  will need to include parallel planning for the
  possibility of remaining in the UK or returning
  to country of origin.
• If a UASC has exhausted all appeals and been
  given a negative decision on their asylum
  application, they will be returned home. The
  concern is in ensuring this is done safely.
• There are other specialist areas of work that no
  indigenous child would need e.g. Age assessment
  any other child or young persons DOB would not
  be questioned. This assessment has major
  implications and potential problems e.g.
  potential Judicial Reviews on each assessment
  made, make this a very specialist area.
• The Home Office presently allow a concession for
  UASC that they are given Leave to Remain until
  their 18th birthday. The Home Office are planning
  to return under 18s to some selected countries.
  These children will require specialist support
  and expertise as their social worker is likely to
  be involved in the Home Office planning meeting
  that will take place prior to removal.

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Conflict Policy and Values

• UK Reservation to CRC which restricts the
  application of the principles of the CRC in the
  case of children and young people subject to
  immigration control.
• Social Construction of asylum-seekers
• Application of Adult laws practices

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• The reservation means that Government
  immigration policy and legislation can override
  international and domestic childrens legislation
  and is at the heart of the UKs failure to secure
  the fair treatment of young asylum seekers
• (Childrens Commissioner of England, 2007)

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Strengths and Resilience

• Resilience
• Resourcefulness
• Strengths
• Solution-focused
• Cultural diversity
• Language skills

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• Thank you