PRESENTATION OF THE PROJECT ‘IN WHOSE BEST INTEREST? EXPLORING UNACCOMPANIED MINORS’ RIGHTS THROUGH THE LENS OF MIGRATION AND ASYLUM PROCESSES’ AND COMPARATIVE RESULTS Mateja SEDMAK UNIVERSITY OF PRIMORSKA, Science and Research Centre ) Conference is organised in the scope of the “In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures (MinAs)” research project, co-funded by the PPUAM 2013 of the European Union. International conference CHILDREN AND YOUNG PEOPLE ON THE MOVE: TOWARDS A MORE PRECISE DEFINITION OF THEIR BEST INTERESTS November 2015 Portorož, Slovenia

PROJECT  Project: „In Whose Best Interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Processes (MinAs)“  (Financed: EU, PPUAM)  Consortium: *University of Primorska, Science and Research Centre (project leader), Slovenia *University of Vienna, Austria *University of Brighton, United Kingdom *The National Center For Scientific Research, France *Slovenian Philanthropy *Social Protection Institute of the Republic of Slovenia (evaluator) In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

GENERAL OBJECTIVES  to deal with the conceptual aspect of the best interest of the child including analysis of legal, non-governmental, political, social aspects and unaccompanied minors’ views  to identify practical dimensions of best interest of the child (BIC) and best interest determination procedures (BID) regarding reception, asylum procedures, protection measures and return of unaccompanied minor migrants  to deliver the project results to policy makers, professionals working with UAM and general public In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

OUTPUTS  National and Comparative State of the Art  National and Comparative analysis of the field work research  Web page  Final conference  Book, University Press Annales  Book, Routledge  Scientific, professional and journal articles  Presentations on international and national conferences  Articles in newspapers and magazines In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

RESEARCH PROCESS 1. National/Comparative State of the art (terminology, definition, analysis of legislation and rights, entitlements of asylum seekers, best practices) 2. Field research: - interviews with experts (governmental and NGOs etc.) - Interviews with UAMs and former UAMs (interviews: recorded and transcribed; information sheet and consent form, anonymity) In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

FINDINGS Some common crucial findings:  In all four states there is no formal process for determination of best interest of the child. 1) the concept of the best interest determination is very vague and therefore left to different interpretations of various expert 2) its implementation depends upon individual actors involved in the procedure of caring for UAMs and meeting their needs (social workers, legal representatives, guardians, employees in different facilities, police officers, etc.). In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

 The main obstacles for the implementation of the best interest determination in practice are following: 1) long asylum procedures, 2) unequal distribution of resources, 3) unequal treatment of UAMs, 4) insufficient accommodation capacities 5) dispersion of powers among all involved actors… The best interest determination principle, as it is currently practiced, is rather „informal and flexible“. In order for this procedure to become successful in practice, the best interest determination principle needs to be incorporated into the relevant legal acts as a part of the asylum procedure AND it needs to be defined in a better and unambiguous way. In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

WHAT NEEDS TO BE DONE?  Introduction of responsive support system for UAMs which does not depends on self initiative engagement of individuals (experts and support staff).  Treatment of UAMs as individuals in vulnerable position.  Equal treatment of UAMs and minors citizens.  Improvement of information exchange between individuals and institutions involved during all phases of the process before the submission of application for international protection.  Appropriate procedure duration.  Development of suitable accommodation facilities which would meet all the basic needs of the UAMs. In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

 Permanent education process of professionals involved in all procedures regarding UAMs.  Development of efficient support integration process of UAMs into host societies.  Support for best practices. ALSO COUNTRY SPECIFICS! Discrepancy: existent legislation/guidelines/instructions AND implementation in practice In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures

„I think that if everyone gave a little thought, “what if that was my child”, they would probably take a different approach.“ (Representative of the Ministry for interior, Slovenia) In whose best interest? Exploring Unaccompanied Minors’ Rights Through the Lens of Migration and Asylum Procedures