‘No space for refugee children in Child Protection Bill’

Human rights NGO aditus foundation has launched two technical reports showing the extent to which Malta’s laws, policies and practices conform to international human rights obligations in offering protection to one of the most vulnerable groups of persons – refugee children.

In a report on the Child Protection Bill for out of home care, aditus welcomed the attempt to create a holistic protection framework for children who are in out of home care, but conclude that the Bill almost entirely ignores the specific rights and needs of unaccompanied refugee children.

“Important elements such as age assessment procedures, the asylum interview, detention, family tracing and reunification and long-term integration struggle to find a place in the Bill.

“We also strongly criticise the manner in which the Bill was speedily presented to Parliament without any in-depth consultation with, or even information to, key governmental and non-governmental stakeholders. A Bill of such national importance should have been preceded with an inclusive discussion process that would have definitely ensured a more effective Bill enjoying nation-wide support and ownership.”

In another, main publication on unaccompanied minor asylum seekers, aditus assessed the strength of Malta’s systems for assessing the age of unaccompanied asylum-seeking children. It also explores what is being done in relation to appointment of guardians for such children, to ensure maximum levels of care and protection.

“In doing so, our report maps the complex legal framework regulating unaccompanied refugee children, thereby also acting as a useful handbook for all stakeholders working with this group of asylum-seekers.”

The NGO said that governmental and non-governmental entities working in the field were all consulted and a series of specific recommendations made to encourage the improvement of current age assessment and legal guardianship procedures.

“Refugee children travelling alone are, first and foremost, children,” aditus director Neil Falzon said.

“Furthermore, because they are travelling alone, torn from their families and communities, they are often vulnerable to various forms of physical, psychological and also sexual exploitation. It is our collective responsibility to offer these children the highest forms of protection, so that they may enjoy the pleasures of being children and eventually develop into strong and empowered individuals.”