STANDARD TWINNING LIGHT PROJECT FICHE

Transcription

1 STANDARD TWINNING LIGHT PROJECT FICHE 1. Basic Information 1.1 Program: IPA Twinning Number: HR/2011/IB/JH/04 TWL 1.3 Title: Children on the Move: Developing Institutional Framework for Assisting and Protecting Unaccompanied Foreign Minors in the Republic of Croatia (CRO UAMs) 1.4 Sector: Justice, Freedom and Security 1.5 Beneficiary country: Republic of Croatia 2. Objectives 2.1 Overall objective: Negative effects of illegal migration in the Republic of Croatia reduced. 2.2 Project purpose: National authorities in the Republic of Croatia supported in improving the system for identification, assistance to and protection of UAMs in line with EU standards and UN best practice and awareness on the position of Unaccompanied Foreign Minors (UAMs) raised. 2.3 Contribution to Accession Treaty / Relevant National Documents: Following the signature of the Accession Treaty on 9 December 2011 and its ratification procedure in the Member States, Croatia joined the European Union on 1 July According to specific commitments deriving from the Treaty, Croatia has obliged itself to continue to improve protection of human rights. There is no direct reference to UAMs in the Treaty. However, it is of an outmost importance for Croatia to provide security to UAMs and to ensure full implementation of human rights protection of this vulnerable group in accordance with the highest EU standards. National Plan for Combating Trafficking in Human Beings for the period from 2012 to 2015 dedicates special attention to further strengthening of cooperation of relevant stakeholders within the National Referral System for combating trafficking in human beings and especially to advancing the methods aimed at identifying, assisting and protecting victims of human trafficking. The National Plan puts a special emphasis on protection of children as victims of trafficking. National Program for Protection and Promotion of Human Rights for the period from 2013 to 2016 is a national strategic document which sets 30 priorities with measures aiming at improvement of protection and promotion of human rights on national, regional and local level in Croatia. Some of the objectives and measures of the National Program take into account Recommendations for the Republic of Croatia according to the Universal Periodic Review 1. The set measures include protection and promotion of human rights of particularly vulnerable groups including children, 1 1

2 victims of trafficking in human beings and asylum seekers, refugees and foreigners under subsidiary protection. Action Plan on the removal of obstacles to the exercise of particular rights in the area of integration of foreigners for the period from 2013 to 2015 lays down activities for integration of foreigners that must continuously be implemented through coordination of all relevant stakeholders dealing with education, healthcare, social policy, employment, culture, housing, internal affairs, external affairs, the State Office for Croats Abroad, units of local and regional self-government, scientific institutions, the Croatian Red Cross and civil society organisations. Considering particular vulnerability and specific situation in which refugees and foreigners under subsidiary protection find themselves, the activities mentioned in this Action Plan focus to a large extent on regulating the position and integration of these specific categories of foreigners. Protocol on Dealing with Separated Children who are Foreign Nationals was adopted by the Government of the Republic of Croatia in July The purpose of this Protocol is to determine institutions responsible for application of procedures for identification, assistance to and protection of children separated from their parents - foreign citizens, in order to ensure a timely and effective protection of their rights and interests, to ensure their safe return, family reunion, or integration into Croatian society. This Twinning light project will contribute to enhancement of the capacities of the stakeholders involved in the process of identification, assistance, protection and treatment of UAMs, which will ultimately improve position of this particularly vulnerable group of migrants. 3. Description 3.1 Background and justification: Unaccompanied foreign minors 2 (hereinafter: UAMs) have in recent years been arriving in Central European countries in growing numbers. The presence of UAMs is a serious social concern, as the fact that children are separated from their parents or caregivers increases the risk of them being exposed to exploitation, including trafficking in human beings and abuse. 3 As any other migrant, UAMs have the right to leave their own country, in line with the International Covenant on Civil and Political Rights (ICCPR), which states that everyone shall be free to leave any country, including his own, but do not have a corresponding right to be received by another State, except those who are seeking international protection. As any other child, UAMs who are considered irregular migrants and UAMs who seek international protection should benefit from protection of the Convention on the Rights of the Child and Human Rights Treaty which reflects a holistic integrated approach towards the protection of children s rights. Considering different approach to this problem of the European Union Member States, the current trend shows that the Member States are directed by a common policy based upon the Treaty of Lisbon (entered into force on December 1 st, 2009), referring also to protection of the rights of 2 An unaccompanied foreign minor is a person under the age of 18, who is not a citizen of the Republic of Croatia, located outside of its country of origin or its residence, without a legal representative (parent or guardian) or other person, to whom the legal representative of a child has entrusted a child in a legally valid manner, and who is residing illegally in the Republic of Croatia or as an asylum seeker, including UAMs who seek international protection (Protocol on Dealing with Separated Children who are Foreign Nationals). 3 Trends in UAM and Separated Children Seeking Asylum in Europe 2000, UNHCR, Geneva, November

3 children; the Stockholm Program (adopted on December 2 nd, 2009), the principal goal of which (set for the period from 2010 until 2014) refers to responsibility, solidarity and partnership in the field of migration and asylum, stressing that migrant children should primarily be considered as children. These documents had preceded adoption of the European Union Action Plan on Unaccompanied Minors, which regulates common approach of the Member States in dealing with this phenomenon and is based on the following: 1) Respect of the rights of the child pursuant to the UN Convention on the Rights of the Child and the EU Charter on Fundamental Rights; 2) Solidarity and shared responsibility among Member States, countries of origin and transit countries; 3) Enhanced cooperation with non-governmental and international organizations. EU Action Plan obliges Member States to set up high standards of reception, protection and integration of unaccompanied children considering the principle of the best interest of the child, proclaimed by the UN Convention on the Rights of the Child. Croatia has made significant efforts in terms of strengthening its legal and institutional framework in the field of migration and integration policy. The Constitution of the Republic of Croatia thus states that a special attention is paid to UAMs by the State and that it is duty of all to protect children. The new Migration Policy of the Republic of Croatia for the period from 2013 to 2015 states that all State bodies and other stakeholders should work in a timely and coordinated manner on finding effective responses to the positive and negative effects of migratory movements. Illegal migrations and especially UAMs as vulnerable group of migrants are in the focus of the Migration Policy. As one of the measures of the Migration Policy, the Government adopted the Action Plan on the removal of obstacles to the exercise of particular rights in the area of the integration of foreigners for the period from 2013 to 2015, with an aim to guarantee certain rights to foreigners, including asylees and foreigners under subsidiary protection, which primarily include the right to work, appropriate accommodation and housing, education, etc. In addition, the Ministry of Interior and the Ministry of Social Policy and Youth have jointly developed the Protocol on Dealing with Separated Children who are Foreign Nationals which regulates relations between all relevant stakeholders in the process of identification and treatment of UAMs. Croatia is one of the destination countries of UAMs. Statistical data provided by the Ministry of Interior demonstrate a clear increase in total number of UAMs on an annual basis since 2002 to 2012 (please refer to Annex 2), coming mostly from the Croatia s region. However, in 2013, when the Republic of Croatia became a member of the EU, the trend has changed. The number of UAMs decreased, only now most of UAMs came from Asian and African countries. This fact constitutes a huge problem due to impossibility to determine their identity or to regulate their status in Croatia, and especially to ensure a regular and safe return to their countries of origin. For UAMs who are detected in an unlawful status in Croatia a set of laws will be applied. The regulations fall into two categories: migration legislation and legislation on the protection of children. There is an impression that in most of the cases the applied legislation is the migration legislation and UAMs are treated as migrants, which can have far-reaching consequences. Within the existing legal framework Croatia has made efforts to develop mechanisms and instruments necessary for an adequate functioning of the National Referral System for identification, 3

4 assistance to and protection of UAMs. However, further strengthening of capacities of the main stakeholders 4 should be done. First of all, it is necessary to create and further develop a solid network of experts (trainers of trainers) responsible for continuous education on identification, assistance and protection of UAMs of all relevant stakeholders such as front line police officers, officers in charge for international protection issues (officers in Reception Centre for asylum seekers as well as decision makers), social and health workers, special guardians and representatives of non-governmental organizations. The main way of identifying UAMs is by interviewing. Based on the interviewing, front line police officers establish child's profile, locate the country of origin and the family, and determine reasons for entering Croatia. Interviewing should be led by a police officer specially trained to work with such children as well as by a special guardian that should be appointed from the moment of identification as a legal representative of a child (usually, social workers from social welfare centres). In the system of providing assistance to and protection of UAMs the special guardian plays an important role since this person is obliged to thoroughly take care of the child, to protect his/her rights and interests until return to his/her country of origin or in a case of recognition of international protection until he/she becomes adult. In order to assess the best interests of UAMs it is important to consider the possibility of reunification with the family. Therefore, all the stakeholders must have necessary expertise in order to collect all the relevant information. Special guardian is crucial for assistance and protection of UAMs who seek international protection in accordance with Directive 2013/32/EU on common procedures granting and withdrawing international protection (recast), Article 7 and 25. The practice has shown that the relationship between special guardians and their wards is insufficiently established because of the language barrier. The language barrier is also a problem for possible integration of children into the society which is the main prerequisite for their successful recovery and empowerment. The Ombudswoman for Children states in her report that the common position of European Ombudspersons is that an access to education and health care to minor irregular migrants must be ensured on an equal basis as it is for domicile children, their entry to a country should never be banned and they are never to be detained. Such positions are not part of the Schengen Borders Code (Article 13 prescribes the refusal of entry) and of the Directive on Return (Article 14, Paragraph 1 prescribes the right to a basic health care and the right to elementary education only for foreigners that are in the process of return, Article 17 prescribes the detention of minor irregular migrants). Directive 2013/33/EU of laying down standards for the reception of applicants for international protection (recast) prescribes the right of minor asylum seekers to the education system under similar conditions as their own nationals, necessary health care which shall include, at least, emergency care and essential treatment of illnesses and of serious mental disorders and as well that UAMs shall be detained only in exceptional circumstances. Special guardians and other professionals involved in identification and assistance to UAMs (front line police officers, social workers, experts in health care institutions, representatives of nongovernmental organizations, etc.) should have specific skills and competencies to work with such children. It is necessary to enhance capacities of the National Referral System, particularly there is a need for further training of professionals dealing with UAMs and improved coordination of all relevant institutions involved in identification, assistance, protection and treatment of UAMs. Strengthening cooperation between all relevant institutions (stakeholders in the National Referral System) is of crucial importance, due to the fact that procedures for identification and treatment of UAMs performed by front line police officers are followed by assistance and protection activities 4 Stakeholders within the National Referral System are: Office for Human Rights and Rights of National Minorities, Ministry of Social Policy and Youth, Ministry of Health, Ministry of Interior, Ombudswoman for Children, Ministry of Science, Education and Sport, Ministry of Justice and non-governmental organizations. 4

5 performed by social and health workers as well as by representatives of non-governmental organizations in this field. Thus, the establishment of the Operating Team 5 for identification, assistance, protection and treatment of UAMs is envisaged to be implemented through this Twinning light project, which will contribute to the enhancement of the National Referral System. The Operating Team will be operational body that will meet regularly and will work on the harmonization of all activities in this field in order to enable better coordination and consistency among national institutions. Its meetings will be held every three months or more frequently if needed. The Operating Team for UAMs will facilitate discussion among national authorities and non-governmental organizations in different policy arenas allowing exchange of views and practices concerning UAMs. It will also monitor development of policies, implementation of activities in the field, prepare annual reports and thus ensure better coordination and consistency among stakeholders. This Twinning light project will address the problem of the lack of systematic approach to identification, assistance, protection and treatment of UAMs in Croatia through establishing the Operating Team which will enhance the National Referral Mechanism. Moreover, further trainings and awareness activities envisaged under this project will raise capacity of stakeholders to apply EU standards and UN best practice with the final aim of improving protection of UAMs. 3.2 Linked activities: IPA 2011 project Upgrading the Capacities for Minors and other Vulnerable Groups of Illegal Migrants in the Reception Centre for Aliens Beneficiary institution: Ministry of Interior of the Republic of Croatia This project consists of work, service and supply component. The objective of this project is to strengthen institutional capacities of the Ministry of Interior and to fulfil requirements of EU Acquis in the field of illegal migration. Special section for minors and other vulnerable groups of illegal migrants in the Reception Centre for Foreigners is envisaged to be constructed and new kitchen and laundry equipment installed. The work component started in February 2014 and is envisaged to be completed in May 2016, while the service component (supervision of works) started in March 2014 and is envisaged to be completed in October The supply component is still in preparation phase with the implementation period of 5 months. IPA 2010 Twinning light project Enhancing Identification of Victims of Trafficking in Human Beings Twinning Number: HR/2010/IB/JH/05TL Beneficiary institution: Office for Human Rights and Rights of National Minorities of the Government of the Republic of Croatia Twinning Partners: Romania Duration of the project: January 2013 July 2013 The overall objective of the project was enhancement of capacities of key stakeholders in combating trafficking in human beings, thus raising the level of protection of victims of trafficking in the Republic of Croatia in order to meet EU standards. The following results have been achieved: research on main trends in trafficking situation in Croatia conducted; efficiency of victim identification system in Croatia reviewed and recommendations for its enhancement prepared; 5 Operating Team for UAMs will consist of representatives of the National Referral System and its work will be coordinated by the Ministry of Social Policy and Youth. 5

6 guidelines regarding identification, assistance to and support of victims of trafficking in human beings developed; capacity of the stakeholders enhanced and public awareness campaign prepared. CARDS 2004 Twinning project Strengthening of the Asylum System: Asylum Reform II Twinning Number: HR/2004/IB/JH/02 Beneficiary institution: Ministry of Interior of the Republic of Croatia Twinning Partners: The Netherlands and Hungary Duration of the project: August 2007 May 2009 The overall objective of this project was to support the process of modernization and establishment of an integrated asylum system in Croatia by assisting in transposition and application of the EU Acquis in the field of asylum and migration while the project purpose was to ensure the full alignment with the Acquis; to strengthen the administration dealing with asylum; to prepare the full implementation of the regulations relating to EURODAC and Dublin II upon accession. The following results have been achieved: relevant national legislation aligned with the Acquis, strengthened administration capacities dealing with asylum issues, and prepared implementation of the regulations relating to EURODAC and Dublin II upon accession. CARDS 2004 Twinning project Combating trafficking in Human Beings Twinning Number: HR/2004/IB/JH/06 Beneficiary institution: Office for Human Rights of the Government of the Republic of Croatia Twinning partners: Austria and Germany Duration of the project: March 2007 June 2008 The project purpose was to strengthen the capacity of national institutions in combating trafficking in human beings and to assist and protect victims of trafficking in human beings. The following results have been achieved: legislation in the field of trafficking in human beings revised, standard operating procedures for the Ministry of Interior, Ministry of Health and Social Welfare and State s Attorney Office developed and adopted, public awareness campaign carried out, trainings for relevant stakeholders held and training handbook adopted by relevant institutions. The overall project consisted of supply and Twinning component. CARDS 2003 project Capacity Building in the Area of illegal Migration Twinning Number: HR/2003/IB/JH/03 Beneficiary institution: Ministry of Interior of the Republic of Croatia Twinning partners: The Netherlands and Germany Duration of the project: July 2005 February 2007 The objectives of this project were to achieve greater security at the state borders of the Republic of Croatia, to reduce illegal migration and cross border crime, to strengthen the capacity of institutions processing and dealing with illegal migrants as well as to achieve adequate accommodation and security standards at the Reception Centre for Illegal Migrants in Ježevo. Completion of the works at the Ježevo Reception Centre for asylum seekers ended in January Through this project general conditions of accommodation for asylum seekers were improved and professional capacities of personnel working in the area of illegal migration were enhanced. Finally, the Ministry of Interior obtained a more secure and more functional Reception Center for asylum seekers. The overall project consisted of Twinning, supply and works component. CARDS 2001 Twinning project Asylum Reform Twinning Number: HR/2001/IB/JH/01 Beneficiary institution: Ministry of Interior of the Republic of Croatia Twinning Partners: Germany and Slovenia 6

7 Duration of the project: March 2003 December 2005 This project strengthened asylum system in relation to relevant legislation, institutional and administrative capacities. It contributed to harmonization of asylum legislation with the relevant EU standards and establishment of cooperation among institutions involved in the asylum procedure. Through this project the Information and Documentation Centre was established and numerous workshops, seminars and study visits were organised with the aim of professional training of employees involved in the asylum procedure. 3.3 Results: Result 1: Recommendations for further improvement of identification, assistance, protection and treatment of UAMs in the Republic of Croatia prepared and Operating Team for identification, assistance, protection and treatment of UAMs established. Indicators of achievement: Analysis 6 of the National Referral System for identification, assistance, protection and treatment of UAMs in the Republic of Croatia with special emphasis on cooperation between stakeholders conducted and corresponding report with recommendations prepared. Operating Team for identification, assistance, protection and treatment of UAMs established and the first meeting with at least 9 participants organised and implemented. Result 2: Capacities of professionals from the Operating Team for identification, assistance protection and treatment of UAMs strengthened through targeted trainings. Indicators of achievement: Training needs analysis (TNA) for members of the Operating Team for identification, assistance, protection and treatment of UAMs conducted and TNA report prepared. Training of Trainers (ToT) program with detailed training plan and materials prepared. ToT for at least 9 members of the Operating Team conducted with the purpose to enhance their capacities for adequate identification, assistance, protection and treatment of UAMs and further dissemination of the obtained knowledge. Study visit in duration of 5 working days for 6 trainers (members of the Operating Team) conducted with the purpose of gaining direct experience on best practices in protection of UAMs applied by the EU Member State authorities and relevant non-governmental organisations; study visit report prepared. Result 3: Questionnaire with corresponding guidelines for conducting interviews with UAMs and treatment on UAMs seeking international protection developed. Indicators of achievement: Questionnaire for conducting interviews with UAMs developed. Guidelines for professionals (special guardians, social workers, health workers, front line police officers, officers in charge for international protection issues and members of non-governmental 6 The analysis should include relevant parts of the following legislation: Protocol on Dealing with Separated Children who are Foreign Nationals and Law on Foreigners. 7

8 organizations) with special emphasis on how to lead the first, initial interview with UAMs developed. Guidelines on treatment of UAMs who seek international protection for the special guardians, social workers, front line police officers, officers in charge for international protection issues developed. Result 4: Capacities of stakeholders within the National Referral System involved in identification, assistance to and protection of UAMs strengthened through targeted trainings. Indicators of achievement: Training needs analysis (TNA) for stakeholders within the National Referral System conducted and TNA report prepared. Training program and training materials for trainings of stakeholders within the National Referral System prepared, covering needs identified in the TNA report and use of the developed questionnaire. Trainings for at least: 20 front line police officers, 4 officers in charge of international protection issues, 20 social workers, 20 health workers, 8 child psychologists and social pedagogues, 8 representatives of non-governmental organizations, on adequate identification, interviewing, assistance, protection and treatment of UAMs conducted in Osijek, Zagreb, Rijeka and Split (at least 80 participants in total). Trainings for at least 15 special guardians on assistance and protection of the rights of UAMs (with special focus on practical application of the core standards 7 for guardians) conducted. Result 5: Awareness on identification, assistance, protection and treatment of UAMs in the Republic of Croatia increased. Indicator of achievement: Round table discussion in Zagreb and Split for at least 20 participants per round table (stakeholders and media representatives) conducted in order to discuss improvements in the system for identification, assistance, protection and treatment of UAMs and to raise awareness on the position of UAMs in the Republic of Croatia. 3.4 Activities: Member State is kindly requested to develop activities in the submitted proposal which are needed in order to achieve the results stipulated in the fiche. Two visibility events will be organized in the course of the implementation of the project; Kick-off meeting at the start of the implementation and the Final meeting at the end of the implementation of the project activities. 7 Reference should be made to the publication 'The Core Standards for guardians of separated children in Europe', which has been produced in the framework of the Daphne III Programme of the European Commission and published by Council of Europe and partners, 8

9 3.5 Means/ Input from the MS Partner Administration: MS Project Leader may participate in the project also as the short-term expert (STE) and in this case the MS Project Leader should satisfy requirements stipulated in the fiche for both the Project Leader and the relevant STE profile Profile and tasks of the Project Leader Profile of the Project Leader Requirements: University level education or equivalent professional experience of 13 years in the field of protection of human rights 6 years of experience in the field of protection of human rights Experience in practical application of legislation on protection of UAMs Proven contractual relation to public administration or mandated body, as defined under Twinning manual Experience in project management Working level of English language Computer literacy Asset: Experience in implementation of EU project related to protection of human rights Tasks of the Project Leader: Overall coordination and co-managing the implementation of the project in cooperation with the BC Project Leader Advising on related EU policies and best practices, legislation and regulations Monitoring project implementation and, if needed, proposing corrective management actions Coordinating the MS experts work and availability Participation in Steering Committee meetings Project reporting Organization of study visit Ensuring backstopping and financial management of the project in the MS Profile and tasks of the short-term experts For each of the proposed experts in the submitted proposal the Member State is kindly requested to indicate the expert s profile. Profile of the Short-term expert 1 (STE 1) Requirements: University level education or equivalent professional experience of 10 years in the field of protection of human rights 5 years of experience in providing professional assistance to UAMs through direct work with UAMs Working level of English language 9

10 Computer literacy Proven contractual relation to public administration or mandated body, as defined under Twinning manual Assets: Experience in conducting trainings Experience in developing questionnaire for conducting interviews with UAMs Experience in awareness raising activities Tasks of the Short-term expert 1: Conducting analysis of the National Referral System and preparing recommendations for improvement of identification, assistance, protection and treatment of UAMs Participating in establishment of Operating Team and organization of its first meeting Developing questionnaire with corresponding guidelines Conducting TNA and preparing TNA report, preparing training programme and materials Conducting trainings Conducting round table discussion with the purpose of raising awareness on position of UAMs Close cooperation with the Croatian experts in undertaking all activities Participating in all relevant project activities in cooperation with other short-term experts Profile of the Short-term expert 2 (STE 2) Requirements: University level education or equivalent professional experience of 10 years in law enforcement 3 years of experience in the field of combating illegal migration Experience in identification of UAMs Working level of English language Computer literacy Proven contractual relation to public administration or mandated body, as defined under Twinning manual Assets: Experience in conducting trainings Experience in international police cooperation Experience in drafting procedures on identification and assistance to UAMs Tasks of the Short-term expert 2: Conducting analysis of National Referral System and preparing recommendations for improvement of identification, assistance, protection and treatment of UAMs Participating in establishment of Operating Team and organization of its first meeting Conducting TNA and preparing TNA report, preparing training programme and materials Conducting trainings Conducting round table discussion with the purpose of raising awareness on position of UAMs Close cooperation with the Croatian experts in undertaking all activities Participating in all relevant project activities in cooperation with other short-term experts 10

11 Note The pool of experts should include: - At least one short-term expert who in addition to the respective profile requirements has experience in conducting trainings related to protection of UAMs; - At least one short-term expert who in addition to the respective profile requirements has experience in providing assistance to UAMs as a social worker; - At least one short-term expert who in addition to the respective profile requirements has experience in providing assistance to UAMs seeking asylum protection. 4. Institutional Framework Office for Human Rights was established by a Decree on the Office for Human Rights (Official Gazette, No. 22/2001, 70/2001, 3/2006, 100/2007, 29/2008, 15/2009) as a professional service of the Government of the Republic of Croatia for performing professional and administrative tasks connected with protection and promotion of human rights in Croatia. The aforementioned Decree defined the scope of work of the Office for Human Rights, while its amendments referred to number of employees within the Office. In addition, two internal organizational units (departments) were established through the Amendment of the Decree on the Office for Human Rights (Official Gazette No. 15/2009) due to a significant increase of the volume of work and tasks that the Office directly performs: Department for combating trafficking in human beings and international affairs and for handling citizens' queries and complaints and Department for monitoring implementation of the National program for the protection and promotion of human rights and collaboration with civil society organizations. In December 2011 the Office for Human Rights was joined with the Office for National Minorities. This new Office - Office for Human Rights and Rights of National Minorities of the Government of the Republic of Croatia - was established by a Decree on the Office for Human Rights and Rights of National Minorities (Official Gazette, No. 42/2012). The Office has four organisational units: Unit for suppression of trafficking in human beings and international cooperation, Unit for monitoring implementation of the National Program for the Protection and Promotion of Human Rights and the Ombudsman's recommendations, and cooperation with civil society organizations, Unit for implementation of national programs and projects for National Minorities and Unit for design and implementation of policies and strategies for minority. The direct beneficiary unit within the Office for Human Rights and Rights of National Minorities of the Government of the Republic of Croatia is the Unit for suppression of trafficking in human beings and international cooperation. The Office for Human Rights and Rights of National Minorities has 20 employees, while the mentioned Unit has 3 employees. The Office for Human Rights and Rights of National Minorities is responsible for development of documents defining the system of protection and promotion of human rights, suppression of trafficking in human beings and rights of national minorities in the Republic of Croatia, and monitoring their implementation; providing expert opinions on draft acts, national strategies, plans, programs and policies of the Government of the Republic of Croatia in the area of protection and promotion of human rights, suppression of trafficking in human beings and national minorities; monitoring application of national legislation in the area of human rights and suppression of trafficking in human beings; collaboration with the Croatian parliament and its bodies; collaboration with State administration bodies; performing analysis of annual reports on the work of all 11

12 ombudspersons and proposals to the Government of the Republic of Croatia about implementing specific measures for improving the situation in the area of human rights; keeping records of international instruments and start initiatives for ratifying specific instruments; monitoring implementation of international obligations of the Republic of Croatia in the area of human rights and collaboration with the international community and international organizations. The main stakeholders involved in this project are: Ministry of Interior is the main body responsible for identification of UAMs. Front line police officers for illegal migration are the first who encounter the UAMs after their illegal crossing of the state border, and for this purpose they should attend training on how to treat UAMs. The tasks of a police officer for illegal migration encompass establishing identity, informing the appropriate embassy of an UAM according to the Vienna convention, obtaining travel documents, and organizing safe return to the country of origin as well as recognition of UAMs who may wish to make and who make an application for international protection. Officers in charged for international protection issues (officers in Reception centre for asylum seekers and decision makers) work with UAMs who make an application for international protection and therefore they should attend the training as well. Ministry of Social Policy and Youth is one of the main institutions (apart from the Ministry of Interior) in the area of protection of UAMs. The Ministry is in charge of providing special guardians who are providing psychosocial, legal and other necessary assistance to UAMs, helping with their integration/reintegration, safe accommodation and safe return to their country of origin. Ministry of Health is obliged to provide first, mandatory health check of UAMs immediately after identification and the first initial interview, and certainly before accommodation of the child. The Ministry is also responsible for ensuring health protection to UAMs throughout their stay in Croatia or until their return to the country of origin. Ministry of Science, Education and Sport is obliged to ensure the inclusion of UAMs in the education system. Ministry of Justice monitors the implementation of all relevant legislation in relation with UAMs and provides for initiatives for their improvement. Ombudswoman for children monitors compliance of laws and other regulations in Croatia relating to protection of the rights and interests of children according to provisions of the Croatian Constitution, the Convention on the Rights of the Child and other international documents relating to protection of the rights and interests of children. The government bodies, local and territorial (regional) selfgovernment, as well as legal persons are obliged to cooperate with the ombudswoman for children, and to submit reports at her request and/or respond to her inquiries. Centre for New Initiatives (CNI) is a non-governmental organization with significant expertise in research, advocacy and public awareness activities. The issues in relation to UAMs, migration, human rights and combating discrimination toward marginalized groups are highly on the agenda of the CNI, both strategically and operationally. CNI has implemented several projects on UAMs. A good coordination mechanism between all project stakeholders will be ensured through regular activities clearly defined by the Protocol on Dealing with Separated Children who are Foreign Nationals. Coordination of activities between the stakeholders will be further strengthened through periodical meetings of the Operating Team for UAMs established through this Twinning light project. 12

13 The results of this Twinning light project will not lead to change in the institutional framework as described above. Two Steering Committee meetings will be held for the purpose of reviewing the progress made under the project as well as to discuss results achieved and/or problems occurred. The first Steering Committee meeting will be held during the third month of project activities implementation in order to discuss and comment the draft start-up report. The second Steering Committee meeting will be organised during the last month of the implementation period of the Action to discuss the draft final report. It should be noted that the participation of the Member State Project Leader in Steering Committees meetings has to be combined with expert missions in case the Member State Project Leader is also a short-term expert in the twinning light project. If the Member State Project Leader is not short-term expert in the twinning light project then his visits to Croatia, (one visit every three months) as part of his overall task to ensure coordination and political steering of the project, should be organised at the same time as the two Steering Committee meetings of the project. The exact participants of the Steering Committee meetings will be defined during the implementation of the project, but will at least include the following members: BC Project Leader MS Project Leader CFCA Project Manager MRDEUF Sector Manager The beneficiary is committed to provide all necessary infrastructure such as office space and desktop computers with internet connection for experts, venue for holding seminars and workshops, and to ensure the necessary local staff/experts inputs. 5. Budget Children on the Move: Developing Institutional Framework for Assisting and Protecting Unaccompanied Foreign Minors in the Republic of Croatia (CRO UAMs) Twinning light contract IPA Community Contribution 90% ,00 EUR National Co-financing TOTAL 10% ,00 EUR ,00 EUR The total amounts of the IPA Community Contribution and National Co-financing stipulated in the above table represent the total maximum amounts and therefore, they may be reduced at the level of the Twinning light contract, while the relevant ratio (percentages) should be maintained as fixed. The co-financing requirement foreseen under IPA will be considered fulfilled according to the provision of the relevant Financing Agreement. Interpretation costs will be reimbursed from the budget only for the purpose of workshops and seminars, up to 7% of the Contract amount can be used for translation and interpretation purposes. Provisions for visibility costs and expenditure verification costs should be included in the budget. 13

14 6. Implementation Arrangements 6.1 Implementing Agency responsible for tendering, contracting and accounting: Central Finance and Contracting Agency (CFCA) Ulica grada Vukovara Zagreb, Croatia Ms Nataša Mikuš Žigman, Director Phone: Fax: procurement@safu.hr Twinning Administrative Office Central Finance and Contracting Agency Ulica grada Vukovara Zagreb, Croatia Ms Nirvana Sokolovski, Twinning NCP Phone: Fax: twinning@safu.hr 6.2 Main counterpart in the BC: Senior Program Officer (SPO) / BC Project Leader Mr Branko Sočanac, Director Office for Human Rights and Rights of National Minorities of the Government of the Republic of Croatia Mesnička Zagreb, Croatia Phone: Fax: branko.socanac@uljppnm.vlada.hr 6.3 Contracts: It is envisaged that the Project will be implemented through one Twinning light contract, with the maximum amount of ,00 EUR. 6.4 Reporting: The Start-up Report will cover first two months of the contract and will be submitted during the third month. The Start-up Report should: - Clearly define the aims and purpose of the aid provided by the project, - Give detailed description of the content of particular parts of the project, - Work out in detail the activities carried out and the results achieved, - Work out in detail all modifications agreed with the beneficiary institution, - Review difficulties met during the implementation of the project and measures that were undertaken for their removal, 14

15 - Provide all findings obtained in the meanwhile and preliminary conclusions, and - Contain a general plan of activities for the implementation of the remained duration of the project. The Final Report shall be submitted within three months upon the completion of the project activities and in any case within the legal duration of the project, and it should contain the following: - Complete review of all activities carried out by MS experts during the implementation of the project, - Achieved progress concerning each activity, - Summary of all project results, with particular emphasis on mandatory results, - Estimation of the project impact compared with the project aims and measures of the achieved progress, - Identification of all important problems met during the implementation of the contract and solutions that have been applied, - Lessons drawn from the project, and - Recommendations for further steps in future projects. The reports must be endorsed and countersigned by the beneficiary, who may make additional comments. Reports shall be submitted to the Office for Human Rights and Rights of National Minorities of the Government of the Republic of Croatia, the Central Finance and Contracting Agency, the Ministry of Regional Development and EU Funds and the concerned service of the European Commission in a form of 4 hard copies and an electronic version. All reports should be written in English. 6.5 Language: Working language of the project will be English. 7. Implementation Schedule (indicative) 7.1 Launching of the call for proposals: 3Q Start of project activities: 1Q Project completion: 3Q Duration of the execution period (number of months): 9 months; the execution period will end 3 months after the implementation period of the Action (work plan), which will take 6 months. 8. Sustainability This Twinning light project will strengthen capacities of stakeholders involved in identification, assistance, protection and treatment of UAMs. Establishment of the Operating Team will further improve identification, assistance, protection and treatment of UAMs and trained members of the Operating Team will disseminate the obtained knowledge once the project is finished, thus ensuring sustainability of the project results and enhancing the system for identification, assistance, protection and treatment of UAMs in the Republic of Croatia. Developed questionnaire will be used after the implementation of the project for conducting interviews with UAMs. 15

16 9. Crosscutting issues Based on the fundamental principles of promoting equality and combating discrimination, participation in the project will be guaranteed on the basis of equal access, regardless of gender, sexual orientation, religion or belief, racial or ethnic origin, disability or age. 10. Conditionality and sequencing N/A ANNEXES TO PROJECT FICHE Annex 1: Logical framework matrix in standard format Annex 2: Official statistical data on UAMs Annex 3: List of relevant Laws and Regulations 16

17 Annex 1. Logical framework matrix in standard format Children on the Move: Developing Institutional Framework for Assisting and Protecting Unaccompanied Foreign Minors in the Republic of Croatia (CRO UAMs) Program name and number: IPA 2011 Office for Human Rights and Rights of National Minorities of the Government of the Republic of Croatia Contracting period expires: 3 years following the date of conclusion of the Financing Agreement Total budget: ,00 EUR Disbursement period expires: 4 years following the end date for contracting IPA financing: 90% ( ,00 EUR) National co-financing: 10% (18.889,00 EUR) 8 Overall objective Objectively Verifiable Indicators Sources of Verification Negative effects of illegal migration in the Application of procedures of Annual Peer Base Missions Republic of Croatia reduced. identification, assistance, protection and Report treatment of UAMs improved Relevant EC Reports The level of protection of UAMs increased The number of identified UAMs increased and the number of wrongly identified UAMs decreased Increased number of recognized UAMs as asylum seekers Relevant National Reports Project purpose Objectively Verifiable Indicators Sources of Verification Assumptions National authorities in the Republic of Understanding and cooperation among Twinning light Final report Close and comprehensive inter-sectoral Croatia supported in improving the the institutions involved in identification, Twinning light project cooperation established system for identification, assistance to assistance to and protection of UAMs documentation Readiness of competent ministries and and protection of UAMs in line with EU improved List of participants on trainings relevant institutions for more standards and UN best practice and Capacity building programs for and study visit demanding capacity building activities awareness on the position of appropriate identification, assistance to Study visit report in the field of identification, assistance Unaccompanied Foreign Minors (UAMs) and protection of UAMs enhanced Official statistics provided by to and protection of UAMs raised. Guidelines for conducting interview and relevant national institutions treatment of UAMs prepared Stakeholders trained on identification, assistance, protection and treatment of UAMs 8 The total amounts of the IPA Community Contribution and National Co-financing stipulated in the above table represent the total maximum amounts and therefore, they may be reduced at the level of the Twinning light contract, while the relevant ratio (percentages) should be maintained as fixed. The co-financing requirement foreseen under IPA will be considered fulfilled according to the provision of the relevant Financing Agreement. 17

18 Results Objectively Verifiable Indicators Sources of Verification Assumptions Result 1: Recommendations for further improvement of identification, assistance, protection and treatment of UAMs in the Republic of Croatia prepared and Operating Team for identification, assistance, protection and treatment of UAMs established. Result 2: Capacities of professionals from the Operating Team for identification, assistance protection and treatment of UAMs strengthened through targeted trainings. Analysis of the National Referral System for identification, assistance, protection and treatment of UAMs in the Republic of Croatia with special emphasis on cooperation between stakeholders conducted and corresponding report with recommendations prepared. Operating Team for identification, assistance, protection and treatment of UAMs established and the first meeting with at least 9 participants organised and implemented. Training needs analysis (TNA) for members of the Operating Team for identification, assistance, protection and treatment of UAMs conducted and TNA report prepared. Training of Trainers (ToT) program with detailed training plan and materials prepared. ToT for at least 9 members of the Operating Team conducted with the purpose to enhance their capacities for adequate identification, assistance, protection and treatment of UAMs and further dissemination of the obtained knowledge. Study visit in duration of 5 working days for 6 trainers (members of the Operating Team) conducted with the purpose of gaining direct experience on best practices in protection of UAMs applied by the EU Member State authorities and relevant nongovernmental organisations; study visit report prepared. Reports of the Beneficiary and supporting institutions National and EU normative documents Recommendations Twinning light project Start-up report Twinning light Final report Documentation produced under the project List of participants on trainings and study visit Study visit report Training materials Adequate cooperation among competent authorities and organizations in drafting and efficiently implementing operational documents Adequate national experts appointed to members in the Operating Team Adequate experts participating in the trainings who will continue working in this field Adequate experts participating in the study visit Availability of adequate documents necessary for the preparation of seminar and training materials Cooperation with national and foreign experts In-time preparation of material (reports, studies, analyses etc.) In-time availability of all necessary documents and materials Trainers with the expertise in the field of identification, assistance, protection and treatment of UAMs Interest for and participation (relevant stakeholders in trainings) Professionals with the expertise in the field of identification, assistance, protection and treatment of UAMs, Availability of funds Result 3: Questionnaire with corresponding guidelines for conducting interviews with UAMs and treatment on UAMs seeking international protection developed. Questionnaire for conducting interviews with UAMs developed. Guidelines for professionals (special guardians, social workers, health workers, front line police officers, officers in charge 18