WRITTEN QUESTION E-1579/96 by Lissy Gröner (PSE) to the Council (24 June 1996)

Subject: Minimum guarantees in the asylum procedure for unaccompanied refugee children

The differing asylum procedures and residence possibilities for unaccompanied asylum-seeker minors (UNAM - young people up to the age of 18) in the EU Member States, where they exist at all, call for the creation of common and uniform directives within the EU. This situation was acknowledged in the EU resolution on immigration and asylum policies of 21 September 1995 in paragraphs 26 and 27 on minimum guarantees for asylum procedures. Directives drawn up for a harmonized EU approach with regard to the situation of UNAM should take full account of the existing guidelines, as contained in the UNHCR handbook, paragraphs 213-219, decisions 47 and 59 of the UNHCR executive committee and the UN Convention on the Rights of the Child, in particular Article 22.2. These EU directives should cover the whole range of legal, social, medical and psychological needs and housing needs of refugee children.

1. a) For the welfare of the children, does the Council consider that they should be repatriated only in cases where one parent, a relative, an adult carer or a child care establishment has been found in their country of origin to provide appropriate care for the child and all details concerning the repatriation have been clarified?

b) Does it also consider itself responsible for efforts to reunite familites?

c) Does the Council also consider that refugee children whose refugee status is recognized must be integrated into the country of asylum and should not be expelled to third countries?

d) Does the Council take the view that in any case, regardless of the lasting solution found, any action must be in the best interests of the child, as recommended in Article 3 of the UN Convention?

2. Will the Commission consider taking measures on an EU basis to prevent the separation of children and parents by child care organizations in areas affected by crises?

3. Does the Council consider that imprisonment of UNAM should be used only as a last resort in exceptional circumstances and only for the shortest possible time and that minors should be given special care during their imprisonment and have statutory supervisors?

Joint answer to Written Questions E-1578/96 and E-1579/96 (17 January 1997)

The Council is concerned about the question of unaccompanied asylum-seeker minors and their specific requirements with regard to the different aspects of asylum procedure, and its subordinate bodies are currently working on that very issue.

Two draft texts are being studied. One relates to the conditions governing the reception of asylum seekers in general, but contains special recommendations for minors. The other concerns the conditions afforded to unaccompanied asylum-seeker minors. The Member States took the view that unaccompanied minors should be dealt with as a specific case and that certain basic rights should be formulated which went beyond the recognized general rights of all asylum seekers and gave priority to the humanitarian aspects particular to children.

A third text on unaccompanied minors entering and residing in the Member States is also being examined. This text concerns the admission of unaccompanied minors to the territory of the Member States, rather than asylum procedures. In the case of children in particular, however, the distinction between immigration issues and asylum issues is not always very clear-cut. Hence it is proposed to coordinate discussions on the two texts at a more advanced stage.

Discussions having only just begun, the Council is unable at this point to give a more precise answer to the questions raised by the Honourable Member.