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Jovan Andonovski, PhD, Deputy Ombudsman Republic of Macedonia

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1 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

2 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 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

3 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

4 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

5 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

6 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

7 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

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

9 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

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

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

12 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)

13 THANK YOU!


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