Operationalize & enforce BiA/BiD as tools for child protection UAM in mixed migration – Indonesia Drafted by Ludovic LATASTE, Child protection officer – ICMC (UNHCR Indonesia), - ANNUAL NGOs CONSULATION 2013

Quick context in Indonesia & the Region Indonesia has been used as a transit country, specifically for people from the Middle East who travel to Australia Children make up a significant proportion of those travelling Number of UAMSC registered in Indonesia has increased since UAM caseload consists of primarily Afghan, Pakistan, Myanmar boys between the ages of 14 to 17 UAM Registered (AS + Refugees) by UNHCR stands at (30/04/2013): 691children UAM Registered in detention (AS + Refugees) by UNHCR stands at (30/04/2013): 101 children IN THIS CONTEXT: Children in these migratory movements are facing a wide range of protection risks UAMSC on the move are in a particularly vulnerable position due to their clandestine means There is a tendency for national migration policy to criminalize irregular migration Many cross border UAMSC are now staying in Indonesia’s territory

Added value of Referral mechanisms - BiA/BiD CHALLENGE: In Indonesia, there is a lack of protection referral mechanisms RECOMMENDATIONS: Need to develop case management & procedural tools to increase the efficiency of protection & assistance Particular need to implement case management tools like BiA & BiD …A successful BiA/BiD may be the only way to access child welfare services

a) Best Interest Assessment (BiA) BiA for UAM Asylum-Seekers & BiD for UAM Refugees are (in Indonesia) the only protection mechanisms/procedures to: Assess & refer the identified UAMSC to services (in the community) Assist them directly, particularly when they are stuck in detention CHALLENGE/CONSTRAINT: BiA is not systematic in Indonesia whereas the BiA is the first “entry point” for UAMSC AS to assess their needs & tailored an individual protection response RECOMMENDATIONS: Stakeholders should engage in a needs assessment at an early stage (BiA) to categorize and to tailor responses & referrals according to individual needs. BiA should be systematic to refer UAM to appropriate response mechanisms, particularly when they are in detention for a long period

b) Best Interest Determination (BiD) CHALLENGES: BiD is not a systematic practice Poor knowledge of BiD/BiA procedures from agencies & partners in general Age criteria for urable Solutions imposed by RST countries is an obstacle to BiD RECOMMENDATIONS: BiD should be systematic for durable solutions BiDs in detention centers needs to be established on a regular basis BiD could serve to advocate for UAM release from detention in Indonesia Enhanced BiA & BiD practices will also enforced differentiated processes & procedures between adults and children at risk (BiD reinforce child protection systems)

Examples of BiA/BiD additional field implementation constraints a) Problem of Identification of UAM Asyslum-Seekers CHALLENGES/constraints: Difficult or late identification in Urban context Lack of Reception arrangements IMPACT: No identification at arrival No (or very limited) needs assessment (BIA) No referral for immediate assistance RECOMMENDATIONS: Need to develop reception arrangements and enhance reception capacity & services for migration flows Need to improve identification of UAMs Need BiA implemented for tailored referral to services Need to orient UAM to services and avoid detention by immigration Counter smuggling network activity: Avoid developing reception arrangement by smugglers. Inform & Manage expectations of UAM

b) Lack or late UAM Asylum-Seekers identification in Detention 1 - CHALLENGES/constraints: UAM lists are not provided once intercepted or arrested Difficulties to locate detained UAM IMPACT: DELAY in: identification / BiA assessment / referral services for assistance 2 – CHALLENGE/constraints: Long waiting period of UAMs in detention because no alternative to detention IMPACT: impossibility to start BiA/BiDs for implementing a tailored protection plan RECOMMENDATIONS: Systematic use of BiA/BiD in detention to advocate for immediate release, based on needs assessment Standardize BiA practice for needs assessment to orient UAMSC to services and avoid detention

c) Registration of UAM & children at risk Registration is a vital step for UAM Asylum-Seekers towards formal recognition of refugee status and access to services. CHALLENGE: Non access to protection services during long waiting period between registration and recognition of Status RECOMMENDATIONS: Enhanced registration of UAM Once UAM registered as Asylum-seekers, start immediately BiA assessment for reference to services Prioritized UAM Asylum-seekers for RSD: Need to shorten the waiting period for UAM on decision on asylum (To allow BiA assessment) and refugee claims (to allow BiD assessment) Enhance casework in detention for BiA & BiD assessments, and not only registration & RSD interview

d) Lack of Human resources for BiA & BiD assessments CHALLENGE: Lack of Child Protection experts & BiD caseworker field deployments IMPACT: Delay to absorb the caseload (in the community & in detention): important BiD backlogs and late or no referral to services Lack of funds for BiD field missions for covering detention RECOMMENDATION: Increase funding for Child Protection experts/BiD deployments In addition to deployments, mainstream Child Protection in the strategic Planning (COP)

Photos – copyright © Drawings: Refugee Children, Am Nabak camp, Chad Photos: L.LATASTE © - DRC, Tanzania & Tchad