Migrant childrens Rights in the context of Repatriation

Transcription

1 faculty of behavioural and social sciences study centre for children migration and law Migrant childrens Rights in the context of Repatriation Main principles of the Convention on the Rights of the Child as a framework for decisionmaking. Margrite Kalverboer How are children faring after return? Insights from Kosovo and Albania. Danielle Zevulun How are children faring after return? Insights from Armenia. Elianne Zijlstra Working with unaccompanied asylum seeking children: some thougts from the field. Ravi Kohli Better off alone? The quest for he best interest of accompanied refugee children. Bruno Vanobbergen

2 faculty of behavioural and social sciences study centre for children migration and law How are children faring after return? Insights from Kosovo, Albania and Armenia Danielle Zevulun, MSc, LLM Elianne Zijlstra, Phd

3 faculty of behavioural and social sciences study centre for children migration and law Insights from Kosovo and Albania Danielle Zevulun, MSc, LLM

4 Outline 1. The best interests of the child principle and model 2. Post-return situation and wellbeing of child returnees Monitoring Returned Minors project ( ) Follow-up study vulnerable group (2016)

5 Legal framework The best interests of the child (art. 3(1) CRC): In all actions concerning children ( ) the best interests of the child shall be a primary consideration. General Comment no. 14, ultimate purpose is: - Full and effective enjoyment of all CRC rights - Development of the child

6 Best Interests of the Child Model (Kalverboer & Zijlstra, 2006)

7 Monitoring Returned Minors (MRM) project European Return Fund Semi-structured interview with parents and children in 106 families. Questionnaires: - Best Interests of the Child Questionnaire (BIC-Q; Zijlstra, 2012). - Strengths and Difficulties Questionnaire (SDQ; Goodman, 1997). Follow-up study University of Groningen 2016 Children who received assistance during the MRM project Telephone interview with parents of 24 children and 13 children semi-structured interview and questionnaires

8 Sample 157 children in 106 families (mostly in Kosovo) years old Roma and Albanian ethnicity Varying length of stay in host country (6 yrs average) On average 2 years returned in Kosovo or Albania Varying EU host countries Voluntarily and forced returnees

9 How are children faring after return? SDQ: Emotional problems 32% Peer problems 30% BIC-Q: On average 9 out of 14 conditions of sufficient quality. Often of insufficient quality in society and family context: education stability in life circumstances adequate physical care interest

10 Children with high quality of childrearing environment and few social-emotional problems Stable residence permit in host country Returned completely voluntary Family had income through employment, private residence in the host country, travelled back and forth, etc.

11 Children with low quality of childrearing environment and social-emotional problems No (stable) residence permit No difference between voluntary or forced repatriation Roma ethnicity Older adolescents

12 Follow-up study: Children with emotional problems 3 years later (1) Poor living conditions and insecure housing No education and living isolated, spending days inside the house No supportive networks and contact with peers outside of family, bullied or feeling disrespected [In the host country], you have a friend. You have school, friend, all. Ehm.. and then after one year, two, you have nothing. That s not good, you know, you are alone. And that not feel so good, you know? (17-year-old girl).

13 Follow-up study: Children with emotional problems 3 years later (1) No connection with Kosovo before repatriation and language difficulties Low wellbeing parents Other vulnerability factors (e.g. health problems, singlemother households, blood feud) I know my father and my mother are Albanians. But it was me born there. So nothing is here... Nothing is me here, nothing feels [ me ] here ( ) [Kosovo] is a place where you don t even like to sit, to stay (16-year-old boy).

14 Follow-up study: Children without emotional problems 3 years later Poor living conditions, but some stability Children better connection with Kosovo, spent less years abroad and often returned to the same living area and peers Children have friends and feel accepted in neighborhood Children go to school or finished high school

15 Conclusion Stability residence permit, ethnicity and age influence wellbeing and living situation after return Vulnerable children face problems over a longer period of time Needs assessment prior to return and support with reintegration

16 faculty of behavioural and social sciences study centre for children migration and law Insights from Armenia How are children faring after return to Armenia after staying for more than five years in the Netherlands? Elianne Zijlstra, Phd

17 Goal of the study Getting insight into the situation of repatriated children to Armenia: Return process Child-rearing environment Well-being of the children Why Armenia? Increase of forced return Embeddedness in the host country: return increases the risk of developmental damage

18 Method Same methodology Zevulun (2017) Semi-structured interviews Best Interests of the Child-Questionnaire: quality of the child-rearing environment Strength and Difficulties Questionaire: social emotional problems

19 Sample 7 families 17 children in the age of 0-18 years 5 7 years in the Netherlands Forced return in 2015/ months in Armenia

20 Results (1) Experiences return process Repatriation was unannounced 1 to 2 weeks in detention centre before repatriation Return process was experienced by children as traumatic The dirty work is to pick up people, but it is not the fault of the person who picks you up because he carries out an assignment. It is the fault of the one who took the decision and gave the order (boy)

21 Results (2) Child-rearing environment after return Concerns about the basic necessities Limited access to social services and health care Parents less available to rear their children Education Peers For papers, for army, for doctors, for pregnancy, for hospital, for everything you must struggle. You must struggle, for us it is like struggle in the jungle (mother)

22 Results (3) Well-being children Mental health problems Not feeling at home Westernised Age: adjustment for older children more difficult I am often said that I am here,.i don t want to live here (boy) I am completely Dutch and everyone knows that (girl)

23 Illustration Lucine 16 years Lived for 5 years in the Netherlands Has returned by force to Armenia Does not go to school

24 Conclusion Actual return process is not child-friendly Older children are the most vulnerable after return High quality of child-rearing environment is protective for well-being children after return Invest in the BIC-conditions in the home country

25 What do we learn from both researches? For a sustainable return: Assessment of child s best interests in every individual case before the return: what does a child need for healthy development after return? Prior to return: return plan with concrete actions, tailored to child s individual circumstances, vulnerability and social-cultural context Follow BIC-Model conditions Stay involved and monitor the child s situation