Jovan Andonovski, PhD, Deputy Ombudsman Republic of Macedonia Challenges and good practices for transit countries in protecting unaccompanied children Jovan Andonovski, PhD, Deputy Ombudsman Republic of Macedonia

New trend of migration Macedonia is a transit country – migrants/refugees do not intent to seek asylum and stay in the country Data In 2014, 86 UASC (unaccompanied and separated children) were registered by MoI and guardian was appointed by MoLSP In 2015, nearly 18.000 UASC were registered by MoI (at one point during the year 11,072 people were registered in one day) 91 guardian was appointed by MoLSP In 2016, January to March, 228 UASC were registered by MoI 18 guardian was appointed by MoLSP

Legislation and regulations Amendment of the Asylum Law in July 2015 Standard Operating procedures (SOP) for UASC in December 2015 Other SOPs: SOP for vulnerable foreigners SOP gender based violence

Standard Operating Procedures for UASC SOP 1: IDENTIFICATION AND REFERRAL MEASURE 1: Initial contact with the UASC and his or her referral MEASURE 2: Preliminary information gathering MEASURE 3: Identification of the UASC MEASURE 4: Appointing a guardian MEASURE 5: Providing an interpreter - interpretation MEASURE 6: Authorising a legal representative MEASURE 7: Interviewing an UASC SOP 2: CARE AND INITIAL ASSISTANCE MEASURE 1: Appointing a guardian MEASURE 2: Initial risk assessment MEASURE 3: Initial medical examination MEASURE 4: Providing care and accommodation MEASURE 5: Needs assessment

Standard Operating Procedures for UASC SOP 3: REGULATING THE STAY MEASURE 1: Notifying the MFA MEASURE 2: Legal counselling and informing the UASC about the procedure for regulating his/her stay MEASURE 3: Procedures for regulating the stay of the UASC SOP 4: FAMILY REUNIFICATION – RETURN MEASURE 1: Family identification MEASURE 2: Risk assessment in case of deciding to have a family reunification MEASURE 3: Locating the family and informing them MEASURE 4: Preparations for the return or the family reunification MEASURE 5: Return/hand-over

Standard Operating Procedures for UASC SOP 5: LOCAL INTEGRATION – LONGTERM ASSISTANCE MEASURE 1: Long-term assistance plan MEASURE 2: Guardianship MEASURE 3: Providing care and accommodation MEASURE 4: Healthcare MEASURE 5: Education   SOP 6: CRIMINAL PROCEDURE MEASURE 1: Protection of UASC’s rights if s/he is a defendant MEASURE 2: Protection of UASC’s rights if s/he is a witness MEASURE 3: Protection of UASC’s rights if s/he is a victim/witness

Current situation Transit Center Vinojug (near border with Greece) 1 separated child (with relatives) Transit Center Tabanovce (near border with Serbia) no UASC Safe House two (2) UAC Guardian appointed for both case Case 1: the best interest assessment is being conducted Case 2: integration process is ongoing for a 16 years-old girl from Nigeria

Best interest determination (BID)/long-term options Return to the country of origin Local integration Resettlement in a third country

Return to the country of origin Centre for Social Work, IOM, Red Cross key actors In progress: development of special programme and procedure for voluntary repatriation that defines all steps needed – based on the BID

Local Integration Key actors: CSW, Centre for integration; Local self-government; Employment agency Strategy for integration of refugees and foreigners 2009-2015 Centre for integration of foreigners established in 2009 Draft version of new Strategy 2016-2020 Relevant laws are amended or are in process of revision to incorporate new provisions related to integration

Resettlement in a third country Key actors: MoI, MoLSP, Red Cross, IOM, UNHCR In practice - only used in cases of family reunification

Challenges Language, cultural differences Lack of documentation for voluntary repatriation and for third country resettlement Third country cooperation level Capacity of the local institutions Lack of interest of the local government (fear of unknown) Lack of documentation needed for local integration (level of education, diploma etc)

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