1. International Organization for Migration
Mission in Bulgaria
Protecting Children in the context of the Refugee and Migrant Situation
Radoslav Stamenkov
Head of Office
IOM Bulgaria
, Stockholm, Sweden

2. BULGARIA – FACTS & FIGURES
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
BULGARIA – FACTS & FIGURES
External EU border, one of the gates into Europe along the Balkan migration route and the East Mediterranean Migration Route, mostly a transit country to the countries westward
Before 2013 Bulgaria was mostly a Country of Origin in terms of migration
As of 2013 increase of the migrants flow as a result of the situation in the Middle East
In , many migrants found themselves stranded in Bulgaria due to the tightened border control of the countries on Western Balkan route
More than migrants attempting to enter, exit the country irregularly or residing irregularly from the beginning of 2016 to 30 November
More than 2000 asylum applications from Unaccompanied Minors by the end of November 2016

3. General Asylum Trends in Bulgaria
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
General Asylum Trends in Bulgaria
Top 5 Countries of Origin
Afghanistan
Syria
Iraq
Pakistan
Stateless

4. Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Minors who applied for asylum in Bulgaria in the period
Age
Total Number
Male
Female №
0-13
14-17
Total
Total:
3075
2612
5687
1811
2273
4084
1264
339
1603
ALGERIA 1 2
AFGHANISTAN
804
1749
2553
579
1671
2250
225 78
303
BANGLADESH 7 8
STATELESS 15 4 19 9 3 12 6
IRAQ
1504
465
1969
841
297
1138
663
168
831
IRAN 35 16 51 17 11 28 18 5 23
YEMEN
KYRGYZSTAN
CHINA
IVORY COAST
MYANMAR
NORTH KOREA
PAKISTAN
141
164 22
163
RWANDA
RUSSIA
SYRIA
675
214
889
333
133
466
342 81
423
SOMALIA
TURKEY
UKRAUNE
SRI LANKA

5. LEGAL FRAMEWORK FOR PROTECTION OF UNACCOMPANIED MINORS
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
LEGAL FRAMEWORK FOR PROTECTION OF UNACCOMPANIED MINORS
The Constitution of Republic of Bulgaria
- The family, motherhood and minors avail themselves of protection by the state and the society (Art. 14. )
- Minors, left without care avail themselves of special protection by the state and the society (Art. 47. (4) )
The Family Code
Appointment of Guardianship (Art. 153 (1))
Entry in the Regional Register for full adoption (Art.173)
Law on Asylum and refugees
Legal representative from the municipality appointed by the major or other authorized person (Art. 25. (1))
Access to education (Art. 26)
Appropriate accommodation according to the regulations of the Law on Child Protection, food and social support (Art.29)
Law on Child Protection
§ Definition for “child in risk”
Participation in procedures in with all safe guards taken into consideration (Art.15)
§ Definition of the “best interest of the child“
Law on foreigners
- Unaccompanied minors shall not be accommodated in detention facilities (Art. 44. (9))

6. International Convention on the Rights of the Child (CRC).
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Legal framework :
International Convention on the Rights of the Child (CRC).
art. 2 : non-discrimination,
art. 3 : best interests of the Child a primary consideration in all actions concerning Children
art. 8: right to identity and family relations,
art. 12 : views of the Child
International refugee law & International humanitarian law
Regional human rights instruments & National standards
The principle of “best interests of the child” as laid down in the CRC, is central to IOM’s work.

7. Who are the children in migration?
Children with a history of family violence, abuse and neglect (including sexual abuses)
> a stronger risk factor than poverty
Children subject to a migration project by their family
> «family investment» often including expectations of future financial support
Children left alone / «left behind»
Children in post-Situation settings
> UMCs in current migration flows to Europe
Children (particularly female) engaging in risky behaviors
Children with physical, learning and development disabilities
> Sexual exploitation, Child Begging
Children from marginalized communities or neighborhoods
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria

8. Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
State of play of the Bulgarian practice on accommodation and protection of unaccompanied Refugees and Migrant Children
Guardianship – according to the legal regulations, the guardian is appointed to fulfil representative functions only and to address the limited legal responsibility of the UAMs, and not to take care for his/her well-being as it is stipulated in the Family code. Another major issue that has been identified is the legal gap regarding the guardianship for the separated children that are accompanied by close relatives or spouses as such cases are not regulated at all
Accommodation - in some cases UMCs are being accommodated in places inappropriate for them, and thus they could face risk of physical or psychological torture
Education – in most of the cases the UAMs disappear, are not motivated to settle in Bulgaria and therefore do not attend Bulgarian language training and further educational activities

9. Mechanism for prevention of the bullying at schools
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Cooperation mechanism among the institutions on children’s protection in Bulgaria
Coordination mechanism for cooperation on cases of child’s abuse or Situation intervention
Coordination referral and care mechanism on cases of unaccompanied minors and minors who are victims of trafficking returned from other countries
Mechanism for prevention of the bullying at schools
National Mobile team for psychological support
Monitoring and control on the bullying at the specialized facilities

10. IOM Protection activities for Migrant and Refugee Children
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
IOM Protection activities for Migrant and Refugee Children
Capacity Building and technical assistance provided to the Government of Bulgaria for the development of the National System for Protection of Migrant and Refugee Children
Family tracing and family reunification – early identification and counseling, family tracing and assessment of the family situation, preparation of the necessary documents in the country of destination, transit and arrival, support for issuing of travel documents in the destination country of family members, transfer/escort
Assisted Voluntary Return and Reintegration - assignment of escort (family members or other), reception of child at port of entry – handover, design of/referral to assistance in close cooperation with legal guardian and suitable NGOs (language courses, if needed, schooling/vocational training, employment possibilities), health care: coordination with partner agencies, availability of initial mental health care and/or psychosocial interventions, access to health record
Integration in the country of asylum (language training, education and vocational training)

11. - Child friendly procedures conducted by trained professionals
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
IOM Key safe guards
- Child friendly procedures conducted by trained professionals
Right to receive age appropriate information
Child’s view is taken into consideration in accordance with age and maturity
Priority processing
Access to counselors who provide specific information on UMC procedures

12. Need for written consent Analysis of durable solutions
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Focus: UMCs
“Best interests” of the child as primary consideration before any assistance can take place and during the whole process any durable solution identified should be the most suitable option for the UMC. Requirements:
Role of legal guardian in host country and country of origin/third country
Need for written consent
Analysis of durable solutions
If required IOM can assist with Family reunification based on family assessment
IOM’s supportive role in family assessment
To reconcile / align perception of age, responsibility, maturity etc. in different cultural contexts.

13. UMCs : Movement & Reception Assistance
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
UMCs : Movement & Reception Assistance
Assignment of escort – family members or other
Reception of child at port of entry – handover
Design of / Referral to assistance in close cooperation with legal guardian and suitable NGOs
Integration assistance / Referral:
language courses, if needed
schooling/vocational training
employment possibilities
Health care:
Coordination with partner agencies
Availability of initial mental health care and/or psychosocial interventions
Access to Health Record

14. Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
UAMs Key Challenges
Defining legal guardian role
Identifying legal guardians in countries of origin / transit with weak child protection systems
Determining the age of an individual
Reconciling international child protection obligations with state responsibilities to address irregular migration.
Best Interest determination: lack of information in countries of origin or unsuccessful family tracing/assessment.
Transition to adulthood: decisions are taken close to adulthood, many leave care and prefer situation of irregularity.
Children disappearance, risk of trafficking and abuse – organized crime groups target children as they are easy to recruit, quick to replace, easy to keep under control and generally less visible
The mobility of the minors
Very often the minors are „stuck“ with others

15. Support and strenghten integrated national child protection systems
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Proposed solutions
Prevention of violence against children and respect for their rights along the migration route, from point of entry, in hotspots, while in transit and in reception centers
Support and strenghten integrated national child protection systems
Build capacity for child protection and national asylum/migration professionals, NGOs, others working for and with children including volunteers and cultural mediators
Collect information on and monitor the situation of refugee and migrant children

16. Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Established in 1951, the International Organization for Migration is the leading intergovernmental organization in the field of migration. With 162 member states, a further 9 states holding observer status and more than 400 offices in over 100 countries, IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants.
Present in Bulgaria since 1999
Migration management, Labor migration, Integration
Information & Educational Campaigns, Medical assistance
Assisted Voluntary Return and Reintegration Assistance
Return and reintegration to Victims and Witnesses of Human & Labour Trafficking from Bulgaria
Canadian visa application center
Who do we help?
Undocumented migrants or TCNs whose asylum requests have been rejected
Legally residing TCNs and Beneficiaries of International Protection
Vulnerable groups: Victims of trafficking, Unaccompanied minors, etc.

17. Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Main counterparts
Ministry of Interior (National Service for Combating Organized Crime; the Border Police; the National Police, the Migration Directorate)
State Agency for Refugees under the Council of Ministers
Ministry of Foreign Affairs (in particular the Human Rights and International Humanitarian Organizations Directorate and the Consular Directorate within the responsibility of the respective Deputy Minister of MFA)
Ministry of Labor and Social Policy
Ministry of Health
National Commission for Combating Trafficking in Human Beings
National Council for Cooperation on Ethnic and Integration Issues under the Council of Ministers
State Agency for Child Protection
Agency for Social Assistance
Employment Agency
Local Authorities
IOs presented in the country: UNHCR, UNICEF, WHO
NGOs: Animus, the Bulgarian Red Cross, the Council of Refugee Women, etc.

18. Thematic areas and projects:
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Thematic areas and projects:
Counter Trafficking (CT) has been the main focus of IOM Sofia in the period
IOM has supported substantially the establishment of the Bulgarian CT system, including:
IOM is the key counterpart of the National CT Commission and of the GoB on CT
support for the development of the National CT Legislation
the formation of the National and Local CT Commissions
the refurbishment and equipment of the National Commission’s Offices
the development of the national official CT web-site
the establishment of the Permanent Working Group (WG) under the CT Commission
the development and implementation of the Annual CT National Action Plans
IOM organized multiple national CT Info Campaigns, educational Campaigns in schools, outreach activities in vulnerable communities
IOM assists with capacity building at national, regional level both the government and civil society bodies
IOM extends direct assistance to VoT by supporting the return and reintegration of more than 900 Victims of Trafficking
IOM has assisted the Ministry of Foreign Affairs(MFA) with the development of the National Mechanism for Consular Support of Bulgarian Nationals Abroad (an official internal regulations of the MFA) – developed in 2004
IOM has supported the development of the National Coordinated Mechanism for Return and Assistance to Child Victims of Trafficking – officially adopted by the GoB in 2005 and revised in 2010.

19. IOM conducted information and awareness raising integration campaigns
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Integration
IOM established Information Integration Migration Centers in key locations in Bulgaria (currently only in Burgas)
IOM conducted information and awareness raising integration campaigns
IOM conducted Bulgarian language courses
IOM established a specialized integration web site and specialized integration hot line (02/ )
Migration health program
Aims to improve the access and quality of health services, health promotion and prevention to meet the needs of migrants, the Roma and other vulnerable ethnic minority groups, including irregular migrants residing in the EU/EEA.

20. Assisted Voluntary Return and Integration
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
Assisted Voluntary Return and Integration
IOM started AVRR programs for TCNs in 2009, key results:
Awareness raising campaigns were carried out providing information for voluntary return including leaflets, posters and TV spot to over undocumented migrants and asylum seekers in Bulgaria up to date.
More than migrants were individually informed and counselled as regard voluntary return option
More than 900 undocumented migrants were effectively supported in their voluntary return in safety and dignity
More than 300 of the voluntary returnees were provided with reintegration assistance
IOM has supported the development of the National Coordinated Mechanism for Return and Assistance to UAMs

21. In 2015 IOM Bulgaria developed “Manual for working with minors”
Protecting Children in the context of the Refugee and Migrant Situation
IOM Bulgaria
In 2015 IOM Bulgaria developed
“Manual for working with minors”
under the project
“Assisted Voluntary Return
and Reintegration of vulnerable
groups with a special focus on UAMs”,
Funded by the European Return Fun

22. Thank You ! Radoslav Stamenkov Head of Office IOM Sofia