Global Monthly Surveillance Report Making a Difference for Refugee Children in Europe

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Global Monthly Surveillance Report Making a Difference for Refugee Children in Europe ISSUE #7 FEBRUARY 2017 1. Migration trends, facts and figures At the end of February 2017, the IOM reported 75,514 1 people stranded in Central and South Eastern Europe, showing an increase compared to the previous month (74,909 2 ). The real number is likely to be higher since the IOM only captures people registered within national databases 3. The period was marked by cold weather (similar to January) that exacerbated the hardship endured by the most vulnerable people, particularly those without suitable accommodation. In Tdh countries of intervention In Albania, 10 people irregularly crossing the Albanian border with Greece were apprehended in February and were consequently returned to Greece 4. There is still limited information available about the situation in Albania and inadequate transparency regarding the way irregular migration is handled. 1 http://migration.iom.int Mixed Migration flows in the Mediterranean 1 February 2017 28 February 2017 2 http://migration.iom.int Mediterranean Flows Compilation Report No2 9 February 2017 3 see more details about Bulgaria, Macedonia and Hungary below 4 http://migration.iom.int Mixed Migration flows in the Mediterranean 1 February 2017 28 February 2017 1

In Bulgaria, in February, 385 asylum applications were lodged, 87 persons were granted refugee status, 84 subsidiary protection, 243 received a negative decision, 2,108 were ceased and 1,437 procedures were terminated 5. The Bulgarian Ministry of Interior (MoI) apprehended 772 persons, the vast majority of whom (550) for attempting to exit the country irregularly 6. There was no relocation from either Greece or Italy to Bulgaria during this month. In Hungary, there was no information published this month by authorities or civil society organisations in relation to asylum and immigration trends in February. In Macedonia, in February, 56 new arrivals were registered by the authorities 7. However, data provided does not reflect the situation in the field. According to Tdh/La Strada, people are still transiting through the country every day, movements which remain unaccounted for in official statistics. 2. Legal and political developments on asylum 2.1. At regional level February was a month of intense policy and legislative activity at the European Union level. Several developments are likely to impact negatively upon the situation of refugee and migrant children, particularly concerning return procedures and effective access to international protection procedures. In line with previous alarming developments (e.g. the recommendation to resume transfers of children and families from EU Member States to Greece despite the opposition of the vast majority of international humanitarian agencies operating in Greece 8 ), the European Commission continued to adopt a restrictive interpretation of the EU Return directive and its associated policy, in the development of a Recommendation 9 and a Communication outlining an action plan 10 to make the return of refugee and migrant children and families to their countries of origin more effective. If adopted, both initiatives will encourage Member States to curtail asylum seekers procedural rights and to increase the use of detention on the basis of immigration status 11. On the relocations front, as of February 28th 2017, 13,546 people were relocated (9,610 from Greece and 3,936 from Italy), which represents an increase of 3,418 persons since we last reported the figure (dated 18 January 2017). Despite the increasing pace of relocation, the EC expressed concern that the total number of relocated persons represented only 14% of those formally foreseen in the EU Council Decisions (respectively 63,302 and 34,953) and set to be attained in September 2017. Countries from Central Europe continue to be low as Hungary, Poland and Austria refuse to participate in the relocation scheme, while the Czech Republic, Bulgaria, Croatia and Slovakia have accepted less than 2% of the total number of persons they are legally 5 http://www.aref.government.bg/?cat=21, applications and decisions taken 01.01.93 28.02.2017, March 14th 2017. The difference in between the ceased and terminated procedure is not explained on the State Agency for Refugees. Tdh contacted them for clarifications. As of March 27th we did not yet receive an answer. 6 http://migration.iom.int/ Mixed Migration flows in the Mediterranean 1 February 2017 28 February 2017 7 Ibid 8 See https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/proposal-implementation-package/docs/20161208/recommendation_on_the_resumption_of_transfers_to_greece_en.pdf 9 See https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/20170302_commission_ recommendation_on_making_returns_more_effective_en.pdf 10 https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/20170302_a_more_ effective_return_policy_in_the_european_union_-_a_renewed_action_plan_en.pdf 11 Both documents were adopted and published on the Official Journal of the EU during the first days of March 2

bound to welcome 12. On the other hand, the resettlement scheme appears to be functional with 14 422 persons resettled from mainly Turkey, Jordan and Lebanon to 21 EU MS and associated countries. Again, CEE States have been criticized by the EC for their reluctance to participate in the scheme, as opposed to associate countries (Liechtenstein, Iceland and Switzerland, which have already met their commitments) 13. 2.2. In selected countries While no noteworthy legislative or policy developments occurred in Bulgaria and Macedonia during the reporting period, the month of February was marked by intense legislative activity in both Hungary and Albania. In Albania, on 18 February, the Albanian Parliament voted a new law on Child Protection and Children rights. In Hungary, a draft bill was submitted by the Hungarian government to the Parliament on 14 February, which will allow the authorities to automatically detain asylum seekers in transit zones and to summarily return asylum seekers to the Serbian border from anywhere in Hungary. The law allows authorities to detain all adult asylum seekers on its territory, including families with children and unaccompanied children aged 14 to 18, in transit zones, without any way for them to challenge the detention. It would also permit the authorities to summarily return all asylum seekers and other migrants in the country without permission to the Serbian border from any part of Hungary. This extends countrywide the July 2016 law that authorizes police to return to the border irregular migrants apprehended within eight kilometres of the border 14. The Law was unfortunately approved on 7 March 15. 3. Child Protection issues: vulnerability situations encountered during the period In Macedonia, the situation around the gray zone 16 and the villages of Lojane and Vaksince in the northern part of the country is still of concern. Migrants and refugees continue to report abuse, and limited access to services and protection further puts children at risk 17. On 9 February, a group of 49 people were returned from Tabanovce to Greece under a bilateral agreement 18. However, according to local staff, the transfer was not done in a respectful and humane way. The authorities informed the group that they had to pack their belongings at 11.00 pm and gave them two hours to do so, after which they had to wait in the common area until 3.30 am. The local social workers reported that families who had been staying for almost one year in the center were very anxious, and that children were crying. Prior warning would have mitigated the stress experienced by the group. 12 See https://ec.europa.eu/home-affairs/sites/homeaffairs/files/what-we-do/policies/european-agenda-migration/20170302_ tenth_ report_on_relocation_and_resettlement_en.pdf 13 Idem 14 See http://www.helsinki.hu/en/draft-law-tramples-asylum-seekers-rights-eu-should-seek-to-halt-plan-to-hold-asylum-seekersin-transit-zones/ 15 http://www.helsinki.hu/en/hungary-governments-new-asylum-bill-on-collective-push-backs-and-automatic-detention/ 16 Tdh/ Open Gate La Strada team weekly report, 3 February 9 February 2017, 10 February 16 February 2017, 17 February 24 February 2017 17 Ibid 18 Tdh/ Open Gate La Strada team weekly report, 10 February 16 February 2017 3

Additionally one mother and her two children who were in the process of family reunification and were reported in the previous report s issue could not complete the process. The family was returned to Greece as part of the aforementioned bilateral agreement before receiving their visa (the embassy received the travel documents the day after the family was brought to Larissa camp). Push-backs from Serbia to Macedonia intensified in February and continued from Macedonia to Greece. This practice raises great concerns, especially in relation to the protection of vulnerable groups including UASC. Month Number of reported push-backs Number of reported push-backs from Macedonia to Greece 19. from Serbia to Macedonia 20. October 122 (including 37 children) 3 November 210 268 December 148 95 January 111 (including 10 children) 58 February 61 (including 6 women and 7 children) 158 (all men) 3.1 Information on reception conditions for families with children In Albania, at the end of February, 6 persons were present in the Karrec detention centre 21 while 45 persons were hosted in the Babrru asylum reception centre 22 including 17 children 23. The National Reception Center of Asylum Seeker of Babrru is being re-built. The new construction was planned to be finished by February 2017, though work is still in progress. The center lacks appropriate and dedicated spaces for children: there are no recreational or psycho-social-support activities for the children hosted in the facility. Finally, the core leading staff continuously demands for food and non-food items to be provided to the center to meet the needs of children and families. Accommodation was provided to 4,299 people in Bulgarian facilities at the end of February 24. There is no systematic and detailed information provided about detention nor on the situation in all of the centres. 19 These numbers only represent what the project team in Gevgelija was able to observe; real numbers are likely to be higher. 20 These figures only capture the number of people who came back to Tabanovce. Real numbers are likely to be higher and many people go back to Vakince and Lojane instead of coming to Tabanovce transit center. Some attempt to cross the border again. 21 Tdh/ Tdh Albania team weekly report, 17 February 24 February 2017 22 Of which 20 are from Iraq, 1 from Ukraine, 1 from Bulgaria, 27 from Afghanistan, 1 from Turkey, 1 from Pakistan, and 15 from Kosovo. 23 Tdh/ Tdh Albania team weekly report, 17 February 24 February 2017 24 http://migration.iom.int Mixed Migration flows in the Mediterranean 1 February 2017 28 February 2017 4

Center Total occupancy Men Women Families Children UASC Voenna Rampa 610 321 41 46 248 164 Ovcha Kupel 608 218 137 64 253 49 Vrazhdebna 373 191 90 n/a 92 21 Harmanli 2207 1049 497 n/a 661 177 Banya 107 25 34 22 48 4 Pastrogor 54 50 0 n/a 4 4 Busmantsi closed camp Lyubinets closed camp AC Elhovo closed camp Not available 340 325 15 n/a Not available 14 Closed Total 4299 2179 814 132 1306 433 Occupancy of Bulgarian facilities at the end of February 25 Voenna Rampa provides precarious accommodation in poor hygienic conditions. There are holes in the walls, in the ceiling, rooms lack or have broken doors. In the center there is a lot of litter especially in the outdoor part around the building. Bathrooms and corridors often experience water leakage. Finally, the mattresses are not in good condition and people are reporting bed bugs 26. In Harmanli center in February two fire incidents took place during which 500 people had to be evacuated (on 21 February) 27 and 270 people (on 21 February) 28. No information was available in the other centers. In Hungary, no information was made available in relation to the number of asylum seekers in Hungarian facilities this month. In Macedonia, according to IOM, there were 95 29 people accommodated in state run facilities (49 in Gevgelija and 46 in Tabanovce). However, according to La Strada the number of people in the 4 facilities fluctuated from 213 to 129 in during the month 30 (at the end of February, there were 47 people in Tabanovce, 49 in Gevgelija, 18 in Vizbegovo and 14 in Skopje s safe house). The two Transit centers (Tabanovce and Gevgelija/ Vinojug) are still hosting people, including children, in detention-like conditions. In Tabanovce, due to the cold weather, authorities continued to accept to 25 Tdh/ BRC team weekly report, February 2017 26 Tdh monitoring visit to Bulgaria, Voenna Rampa 22 February 2017 27 http://sofiaglobe.com/2017/02/21/270-evacuated-from-bulgarias-harmanli-refugee-centre-because-of-fire/ 28 Border monitoring Bulgaria: http://www.novinite.com/articles/178640/fire+breaks+out+at+harmanli+migrant+center 29 http://migration.iom.int Mixed Migration flows in the Mediterranean 1 February 2017 28 February 2017 30 (2 Transit centers, Vizbegovo asylum center and Skopje s safe house). 5

accommodate some of the newcomers that arrived at the center 31. However, at least 54 men who were pushed back from Serbia did not access the Transit center and slept outside of the facility. The people reaching the center were allegedly hungry, exhausted and suffering from the cold as reported by La Strada s social workers. In the centre, refugees complain about the poor medical assistance provided and the lack of appropriate drugs while in the Gevgelija center, poor hygiene conditions were reported. Warm food started to be provided again at the beginning of February. 3.2 Focus on UASC in Bulgaria and Macedonia One 16-year old UASC was reported to be detained in the Albanian Karrec center 32, since 20 February 2017 after his arrest by the Shkodra Migration and Border police for illegal border crossing towards Montenegro, together with a group of 5 other people. In Bulgaria, at the end of February, 433 UASCs were hosted in open centers. As stated in previous reports there is very limited information available regarding UASCs during this period and many gaps in the protection remain. There is no special arrangement for UASCs in Bulgaria. In some centers, some rooms or floor space are reserved for UASCs and families at best. The guardianship system is still not functioning 33. The municipalities appointed one representative for the center they are covering. In Sofia there is there is one representative for the 3 centers (234 UASC at the end of February).This number is insufficient to ensure the protection of all UASCs present. Children continue to be held in different kind of detention facilities the detention of UASCs is against national legislation but is nonetheless happening in practice. Finally there is no institution that appears to be mandated to cater for the needs of migrant children who did not apply for asylum, a situation which concurs with reports from local organisations that children are being pushed to apply for asylum. In Macedonia, there were 17 UASCs identified by Open Gate La Strada in February, 10 were referred to the Center for Social Work and 8 were appointed guardians. However, only 8 UASCs were still present in Macedonia at the end of the month. Upon arrival in the camps, UASCs are provided with psychological support, information and referrals appear to be made. 31 In practice almost no new comes were accepted in the center before January. 32 Tdh/ Tdh Albania team weekly report, 17 February 24 February 2017 33 According to AIDA country report «Since an amendment to the LAR 2015 the municipality is in charge of appointing a legal representative from the municipality. However the municipality is not well equipped for this and the staff does not have special qualifications in child protection (CP) nor in asylum procedure. http://www.asylumineurope.org/news/06-02-2017/aida-2016-up date-bulgaria AIDA country report: Bulgaria, 2016, 6

Macedonia New UASC identified at the end of the month UASC present in the centres at the end of month UASC who left during the month Number of UASC referred to the CSW Number of Guardians appointed October 9 1 8 No data 0 November 20 8 12 No data 2 December 13 7 10 1 11 January 23 8 8 19 13 February 17 8 7 10 8 Local organisations report cooperation and communication issues with the Ministry of Labour and Social Policy (MLSP) and lack of information sharing on actions taken by the CSW. There are regular cases of children absconding while under the responsibility of the authorities. 7