International Organization for Migration Mission in Bulgaria Protecting Children in the context of the Refugee and Migrant Situation Radoslav Stamenkov Head of Office IOM Bulgaria 08-09.12.2016, Stockholm, Sweden

BULGARIA – FACTS & FIGURES Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria BULGARIA – FACTS & FIGURES External EU border, one of the gates into Europe along the Balkan migration route and the East Mediterranean Migration Route, mostly a transit country to the countries westward Before 2013 Bulgaria was mostly a Country of Origin in terms of migration As of 2013 increase of the migrants flow as a result of the situation in the Middle East In 2015-2016, many migrants found themselves stranded in Bulgaria due to the tightened border control of the countries on Western Balkan route More than 15 000 migrants attempting to enter, exit the country irregularly or residing irregularly from the beginning of 2016 to 30 November More than 2000 asylum applications from Unaccompanied Minors by the end of November 2016

General Asylum Trends in Bulgaria Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria General Asylum Trends in Bulgaria Top 5 Countries of Origin Afghanistan Syria Iraq Pakistan Stateless

Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Minors who applied for asylum in Bulgaria in the 01.01.2016 - 31.10.2016 period   Age Total Number Male Female № 0-13 14-17 Total Total: 3075 2612 5687 1811 2273 4084 1264 339 1603 ALGERIA 1 2 AFGHANISTAN 804 1749 2553 579 1671 2250 225 78 303 BANGLADESH 7 8 STATELESS 15 4 19 9 3 12 6 IRAQ 1504 465 1969 841 297 1138 663 168 831 IRAN 35 16 51 17 11 28 18 5 23 YEMEN KYRGYZSTAN CHINA IVORY COAST MYANMAR NORTH KOREA PAKISTAN 141 164 22 163 RWANDA RUSSIA SYRIA 675 214 889 333 133 466 342 81 423 SOMALIA TURKEY UKRAUNE SRI LANKA

LEGAL FRAMEWORK FOR PROTECTION OF UNACCOMPANIED MINORS Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria LEGAL FRAMEWORK FOR PROTECTION OF UNACCOMPANIED MINORS The Constitution of Republic of Bulgaria - The family, motherhood and minors avail themselves of protection by the state and the society (Art. 14. ) - Minors, left without care avail themselves of special protection by the state and the society (Art. 47. (4) ) The Family Code Appointment of Guardianship (Art. 153 (1)) Entry in the Regional Register for full adoption (Art.173) Law on Asylum and refugees - Legal representative from the municipality appointed by the major or other authorized person (Art. 25. (1)) Access to education (Art. 26) Appropriate accommodation according to the regulations of the Law on Child Protection, food and social support (Art.29) Law on Child Protection § 1. 11. Definition for “child in risk” Participation in procedures in with all safe guards taken into consideration (Art.15) § 1. 5. Definition of the “best interest of the child“ Law on foreigners - Unaccompanied minors shall not be accommodated in detention facilities (Art. 44. (9))

International Convention on the Rights of the Child (CRC). Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Legal framework : International Convention on the Rights of the Child (CRC). art. 2 : non-discrimination, art. 3 : best interests of the Child a primary consideration in all actions concerning Children art. 8: right to identity and family relations, art. 12 : views of the Child International refugee law & International humanitarian law Regional human rights instruments & National standards The principle of “best interests of the child” as laid down in the CRC, is central to IOM’s work.  

Who are the children in migration? Children with a history of family violence, abuse and neglect (including sexual abuses) > a stronger risk factor than poverty Children subject to a migration project by their family > «family investment» often including expectations of future financial support Children left alone / «left behind» Children in post-Situation settings > UMCs in current migration flows to Europe Children (particularly female) engaging in risky behaviors Children with physical, learning and development disabilities > Sexual exploitation, Child Begging Children from marginalized communities or neighborhoods Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria

Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria State of play of the Bulgarian practice on accommodation and protection of unaccompanied Refugees and Migrant Children Guardianship – according to the legal regulations, the guardian is appointed to fulfil representative functions only and to address the limited legal responsibility of the UAMs, and not to take care for his/her well-being as it is stipulated in the Family code. Another major issue that has been identified is the legal gap regarding the guardianship for the separated children that are accompanied by close relatives or spouses as such cases are not regulated at all Accommodation - in some cases UMCs are being accommodated in places inappropriate for them, and thus they could face risk of physical or psychological torture Education – in most of the cases the UAMs disappear, are not motivated to settle in Bulgaria and therefore do not attend Bulgarian language training and further educational activities

Mechanism for prevention of the bullying at schools Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Cooperation mechanism among the institutions on children’s protection in Bulgaria Coordination mechanism for cooperation on cases of child’s abuse or Situation intervention Coordination referral and care mechanism on cases of unaccompanied minors and minors who are victims of trafficking returned from other countries Mechanism for prevention of the bullying at schools National Mobile team for psychological support Monitoring and control on the bullying at the specialized facilities

IOM Protection activities for Migrant and Refugee Children Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria IOM Protection activities for Migrant and Refugee Children Capacity Building and technical assistance provided to the Government of Bulgaria for the development of the National System for Protection of Migrant and Refugee Children Family tracing and family reunification – early identification and counseling, family tracing and assessment of the family situation, preparation of the necessary documents in the country of destination, transit and arrival, support for issuing of travel documents in the destination country of family members, transfer/escort Assisted Voluntary Return and Reintegration - assignment of escort (family members or other), reception of child at port of entry – handover, design of/referral to assistance in close cooperation with legal guardian and suitable NGOs (language courses, if needed, schooling/vocational training, employment possibilities), health care: coordination with partner agencies, availability of initial mental health care and/or psychosocial interventions, access to health record Integration in the country of asylum (language training, education and vocational training)

- Child friendly procedures conducted by trained professionals Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria IOM Key safe guards - Child friendly procedures conducted by trained professionals Right to receive age appropriate information Child’s view is taken into consideration in accordance with age and maturity Priority processing Access to counselors who provide specific information on UMC procedures

Need for written consent Analysis of durable solutions Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Focus: UMCs “Best interests” of the child as primary consideration before any assistance can take place and during the whole process any durable solution identified should be the most suitable option for the UMC. Requirements: Role of legal guardian in host country and country of origin/third country Need for written consent Analysis of durable solutions If required IOM can assist with Family reunification based on family assessment IOM’s supportive role in family assessment To reconcile / align perception of age, responsibility, maturity etc. in different cultural contexts.

UMCs : Movement & Reception Assistance Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria UMCs : Movement & Reception Assistance Assignment of escort – family members or other Reception of child at port of entry – handover Design of / Referral to assistance in close cooperation with legal guardian and suitable NGOs Integration assistance / Referral: language courses, if needed schooling/vocational training employment possibilities Health care: Coordination with partner agencies Availability of initial mental health care and/or psychosocial interventions Access to Health Record

Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria UAMs Key Challenges Defining legal guardian role Identifying legal guardians in countries of origin / transit with weak child protection systems Determining the age of an individual Reconciling international child protection obligations with state responsibilities to address irregular migration. Best Interest determination: lack of information in countries of origin or unsuccessful family tracing/assessment. Transition to adulthood: decisions are taken close to adulthood, many leave care and prefer situation of irregularity. Children disappearance, risk of trafficking and abuse – organized crime groups target children as they are easy to recruit, quick to replace, easy to keep under control and generally less visible The mobility of the minors Very often the minors are „stuck“ with others

Support and strenghten integrated national child protection systems Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Proposed solutions Prevention of violence against children and respect for their rights along the migration route, from point of entry, in hotspots, while in transit and in reception centers Support and strenghten integrated national child protection systems Build capacity for child protection and national asylum/migration professionals, NGOs, others working for and with children including volunteers and cultural mediators Collect information on and monitor the situation of refugee and migrant children

Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Established in 1951, the International Organization for Migration is the leading intergovernmental organization in the field of migration. With 162 member states, a further 9 states holding observer status and more than 400 offices in over 100 countries, IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants. Present in Bulgaria since 1999 Migration management, Labor migration, Integration Information & Educational Campaigns, Medical assistance Assisted Voluntary Return and Reintegration Assistance Return and reintegration to Victims and Witnesses of Human & Labour Trafficking from Bulgaria Canadian visa application center Who do we help? Undocumented migrants or TCNs whose asylum requests have been rejected Legally residing TCNs and Beneficiaries of International Protection Vulnerable groups: Victims of trafficking, Unaccompanied minors, etc.

Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Main counterparts Ministry of Interior (National Service for Combating Organized Crime; the Border Police; the National Police, the Migration Directorate) State Agency for Refugees under the Council of Ministers Ministry of Foreign Affairs (in particular the Human Rights and International Humanitarian Organizations Directorate and the Consular Directorate within the responsibility of the respective Deputy Minister of MFA) Ministry of Labor and Social Policy Ministry of Health National Commission for Combating Trafficking in Human Beings National Council for Cooperation on Ethnic and Integration Issues under the Council of Ministers State Agency for Child Protection Agency for Social Assistance Employment Agency Local Authorities IOs presented in the country: UNHCR, UNICEF, WHO NGOs: Animus, the Bulgarian Red Cross, the Council of Refugee Women, etc.

Thematic areas and projects: Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Thematic areas and projects: Counter Trafficking (CT) has been the main focus of IOM Sofia in the period 1999-2010. IOM has supported substantially the establishment of the Bulgarian CT system, including: IOM is the key counterpart of the National CT Commission and of the GoB on CT support for the development of the National CT Legislation the formation of the National and Local CT Commissions the refurbishment and equipment of the National Commission’s Offices the development of the national official CT web-site the establishment of the Permanent Working Group (WG) under the CT Commission the development and implementation of the Annual CT National Action Plans IOM organized multiple national CT Info Campaigns, educational Campaigns in schools, outreach activities in vulnerable communities IOM assists with capacity building at national, regional level both the government and civil society bodies IOM extends direct assistance to VoT by supporting the return and reintegration of more than 900 Victims of Trafficking IOM has assisted the Ministry of Foreign Affairs(MFA) with the development of the National Mechanism for Consular Support of Bulgarian Nationals Abroad (an official internal regulations of the MFA) – developed in 2004 IOM has supported the development of the National Coordinated Mechanism for Return and Assistance to Child Victims of Trafficking – officially adopted by the GoB in 2005 and revised in 2010.

IOM conducted information and awareness raising integration campaigns Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Integration IOM established Information Integration Migration Centers in key locations in Bulgaria (currently only in Burgas) IOM conducted information and awareness raising integration campaigns IOM conducted Bulgarian language courses IOM established a specialized integration web site and specialized integration hot line (02/93-94-777) Migration health program Aims to improve the access and quality of health services, health promotion and prevention to meet the needs of migrants, the Roma and other vulnerable ethnic minority groups, including irregular migrants residing in the EU/EEA.

Assisted Voluntary Return and Integration Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria Assisted Voluntary Return and Integration IOM started AVRR programs for TCNs in 2009, key results: Awareness raising campaigns were carried out providing information for voluntary return including leaflets, posters and TV spot to over 54 000 undocumented migrants and asylum seekers in Bulgaria up to date. More than 3 000 migrants were individually informed and counselled as regard voluntary return option More than 900 undocumented migrants were effectively supported in their voluntary return in safety and dignity More than 300 of the voluntary returnees were provided with reintegration assistance IOM has supported the development of the National Coordinated Mechanism for Return and Assistance to UAMs

In 2015 IOM Bulgaria developed “Manual for working with minors” Protecting Children in the context of the Refugee and Migrant Situation IOM Bulgaria In 2015 IOM Bulgaria developed “Manual for working with minors” under the project “Assisted Voluntary Return and Reintegration of vulnerable groups with a special focus on UAMs”, Funded by the European Return Fun

Thank You ! Radoslav Stamenkov Head of Office IOM Sofia E-mail: rstamenkov@iom.int