Translating Principles into Practice: Challenges and dilemmas from Save the Children’s international experience in Assessing the Best Interests of Children on the Move

Key Protection issues for CoM Lack of appropriate systems of protection within national borders - before they start their journey, during transit and at destination. Lack of adequate coordination and communication across countries between actors that have the responsibility for their protection and support.

KEY ISSUES How to translate the principles enshrined in international standards into procedures and practices that genuinely protect all children on the move, irrespective of their migration status. How to tackle the lack of coordination and communication between state and private actors responsible for the protection of children on the move across borders.

CHALLENGES & dILEMMAS Political dilemmas: as immigration and other political agendas and priorities often take precedence over child protection considerations and obligations. RESOURCES: Weak (or absent) child protection systems for national and more for children from other countries. No or few social workers are the norm. Knowledge and CAPACITY: Low level of capacity especially in remote border areas. ATTITUDES: Best Interests Assessment highly dependent on attitudes of front line workers towards foreign children and what they need PRACTICE: knowledge gap and limited guidance on how to operationalize the best interests of the child principle for children on the move

DEVELOPING a bid tool in south Africa: context Push and Pull Factors Risks in transit Risks at arrival

The Rationale for Developing A BID Tool In South Africa Identification Documentation Tracing Reunification process followed at the time of design: –Documentation amounted to registration only –Children seldom if ever involved –Very difficult for social workers to confidently apply South African law to foreign children – assumptions! –Yet Best interests was a Requirement: International and national law &Necessary to inform case management –Blanket recommendations = the rule

The Rationale for Developing A BID Tool In South Africa South African Children’s Act: Best Interests of the Child is defined as “paramount” Identification: Report to social worker Assessment and temporary placement: 72 hrs Tracing and verification: 90 days Recommendation to court: COURT decides on BID Medium- term/durable solution CHILD IN TEMPORARY CARE

The Rationale for Developing A BID Tool In South Africa South African Children’s Act: Best Interests of the Child is defined as “paramount” Identification: Report to social worker Assessment and temporary placement: 72 hrs Tracing and verification: 90 days Recommendation to court: COURT decides on BID Medium- term/durable solution CHILD IN TEMPORARY CARE

Assessment Form Minimum no. of questions we have to ask to get a sense of the child’s situation Information capturing instrument; Capturing is continuous Methodology for collection = most appropriate way to communicate with each child (age & initial info) BIAF is made of up 2parts: assessment & verification

Best Interests Assessment Form

Recommendation Matrix

1.Immediate reunification 2.Delayed reunification 3.Kinship care in country of origin 4.Kinship care in South Africa 5.Independent supported living 6.Foster care/adoption

GAPS Very young children Could be more gender-sensitive Alternative care options have increased Still quite long and arduous process Requires mentoring/monitoring

Lessons learned LESSONRECOMMENDATION Training is not an adequate form of capacity-building for use of the tool. Mentoring required – preferably ongoing relationship BID is about Knowledge, ATTITUDE and Practice. Obtain buy-in at all levels and have a plan for roll out beyond the pilot phase. Integrate where possible into existing procedures. Well received and used by social workers who had prior capacity, also who were more competent generally prior to training. And who had good supervision. Create a joint monitoring/support plan with District/Area authorities, and meet regularly Coordinated case management – between agencies and government – works best. Put in place SOP at field level. Consider establishing a BID panel that meets regularly to support recommendations, case management and individual care plans.

Cross border cooperation and coordination A global study to explore the measures and coordination mechanisms to improve protection of children –How should such cooperation put in place –Which obligations and principles should it be based on –Which actors should be involved –Which resources Case study : Multi-Agency Cross Border Coordination Working Groups set up between South Africa and Zimbabwe and South Africa and Mozambique for the protection of children on the move between those borders.

Multi-Agency Cross Border Coordination Working Groups SA/Zimbabwe Cross-Border Coordination Working Group: Save the Children (South African and Zimbabwean Country Programs) The South African (SA) Police Services (SAPS) The SA Department of Correctional Services The Zimbabwean Department of Social Services IOM UNICEF The South African Red Cross Medecins Sans Frontiers Faith-based organisation (URC) (Shelter management) SA/Mozambique Cross- Border Coordination Working Group: Save the Children (South African and Mozambican Country Programs) Mozambican Ministry of Public Affairs Mozambican Border Guard Service District Directorate of Women and Social Action Child Helpline Faith-based organisation (Scalabrinian Sisters) Temporary shelter management South African Department of Social Development SA National Prosecution Authority South African Police Services (SAPS) Premier’s Office (Mpumalanga Province, SA) Department of Home Affairs Department of Defence

Multi-Agency Cross Border Coordination Working Groups Improved coordination among actors. Highlighted gaps in procedures that would have remained unnoticed otherwise, They have helped build political will to implement child protection procedures and accountability They have improved awareness of child protection issues by member agencies. Importantly, they have improved knowledge of the experiences that children go through during their journey and included these in their responses.

conclusions Child protection systems need to take into account the needs of children on the move Importance of understanding how weak child protection systems can impact the assessment of the best interests of the child & mechanisms to address that Importance of addressing Knowledge, Attitudes and Practices Coordination and Cooperation is crucial. A common global agenda/framework or local solutions or both?

Thank you daniela reale, Exploited children adviser, SCUK