WRITTEN QUESTION E-1578/96 by Lissy Gröner (PSE) to the Council (24 June 1996)

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

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. Does the Council intend to draw up directives which are fully in line with the standards referred to above and cover the whole range of welfare establishments, legal and social needs and provisions for long-term solutions?

2. Is the Council considering taking action to ensure medical, educational and if necessary psychological care for unaccompanied refugee children in Member States? Does it intend in general to encourage special housing provision for UNAM?

3. Does it intend to insist on the provision of special measures for UNAM at airports?

4. (a) What common directives could the Council provide for a clearing procedure for the harmonized application of access procedures for UNAM in order to clarify whether or not a child is an asylum-seeker before a particular asylum procedure is started?

(b) Is it also considering establishing separate residence permits for UNAM which take account of their special needs where it has not been possible to grant refugee status?

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.