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UK to deport Afghan minors in immigration shakeup

By Channel 4 News

Updated on 08 June 2010

Documents obtained by Channel 4 News outline government plans to send child asylum seekers from Afghanistan back home. But refugee agencies say they would put children at risk.

Afghan official in detention centre (credit: Getty)

Channel 4 News has obtained documents that propose radical changes to the policies surrounding the treatment of unaccompanied child asylum seekers.

The contract tender, drawn up by the UK Border Agency, is valued at £4m and includes plans to deport up to 12 Afghan children a month from the UK and build a new reintegration centre in Kabul, which would act as a staging post for their repatriation.

The agency's proposals, which target boys aged 16–17 who have failed in their applications to remain in Britain, have sparked concern from refugee and aid groups.

The document shows the Foreign and Commonwealth Office is looking at "a forced returns programme for unaccompanied asylum seeking children (UASC)" and that "there is an ongoing feasibility study to assess to viability and options for return of UASC to a small number of Asian countries."

Immigration statistics show there are 4,200 unaccompanied child asylum seekers currently in Britain, most living in homes provided by social services. In the first quarter of 2010, half of the 400 child applicants hailed from Afghanistan.

According to the tender document, the new centre is intended to "provide reintegration assistance for Afghans whose return home is being enforced by the UK government because they have no right to stay in the UK".

Reintegration assistance for 16-17 year old returnees would include:
- assessment of reintegration needs and development of an integration plan
- family tracing and onward travel to the family if requested
- accommodation until 18 years old with adults providing supervisory care
- tailored assistance to obtain education, training and job placements

The majority of those affected would have fled the violence in Afghanistan since the US-led offensive began in 2001. And with so many still arriving, refugee groups are asking how it can be safe for them to return. 

Susi Dennison, research fellow of the European Council on Foreign Relations told Channel 4 News: "On the basis of what safety assessment are these children going to be sent back?

"To date, UK policy has been not just that adequate reception arrangements, but also adequate safety arrangements, need to be in place before a decision is taken to send children asylum seekers back to their country of origin.

"Given that security issues in Afghanistan are likely to remain one of the key priority issues for the UK budget coming out of the Strategic Defence Review, can the UK and other European governments really make the case that there is no risk to these children?"

The new plans were fleshed out at meeting of justice and home affairs ministers last Thursday, and is in line with the plans of other EU nations to focus efforts on creating "reception centres that can provide care for minors when the family cannot be found".

Immigration Minister Damian Green has sought to reassure that deportation will be carried out with care, stating:

"No-one should be encouraging children to make dangerous journeys across the world. Therefore we are looking to work with other European countries, such as Norway, and valued international partners, such as Unicef, as well as the Afghan government, to find ways to help these young men in their home countries and to return those who are in the UK safely to their home nations with appropriate support once they arrive."

But it seems Unicef knows nothing of the plans. In a statement the organisation told Channel 4 News it is "not involved in this process and is unable to comment on it. However we would appeal to the authorities to take into account the fragile security situation that currently prevails in Afghanistan and consider what is truly in the best interests of each child."

Amnesty International UK Refugee Programme Director Jan Shaw told Channel 4 News: "What the UK government is trying to do is very dangerous. It puts the lives of these youngsters at risk and sets a worrying precedent which will undoubtedly encourage other countries to consider similar initiatives...

"The lack of opportunities and social services in Afghanistan has already driven many young men to join the Taliban simply to make a living.

"Sending other young men back to the country with no family or tribal connection will make them soft targets for the Taliban and other criminal gangs recruiting in Kabul and other urban centres."

Amnesty International statement
What the UK government is trying to do is very dangerous. It puts the lives of these youngsters at risk and sets a worrying precedent which will undoubtedly encourage other countries to consider similar initiatives.

Afghanistan is not a safe country: it contains troops from 40 different countries and every day sees fresh waves of violence and criminality. We are still receiving reports of families being forced to provide soldiers for the Taliban.

The UK government should release the information on which it has based its claim that the security conditions in Afghanistan have improved to such an extent as to justify this unexpected development. The UK government's rationale for this decision conflicts with the information Amnesty International and other human rights organisations have received regarding the situation on the ground for many people in Afghanistan.

The lack of opportunities and social services in Afghanistan has already driven many young men to join the Taliban simply to make a living.  Sending other young men back to the country with no family or tribal connection will make them soft targets for the Taliban and other criminal gangs recruiting in Kabul and other urban centres.”

While not bound by EU law on the question of immigration, the UK is still bound by the EU Human Rights Framework and the international convention on human rights which focus on the best interests of the child. As a general rule "best interest" is deemed to be with the familiy in the country of origin.

The EU policy paper reasserts its commitment to this principal by "recognising that the best interest for many of them may be their reunion with their families and development in their own social and cultural environment".

Campaigners are concerned that as the EU struggles to cope with the influx of migrants, these policy shifts could be more a question of managing numbers than the best interests of the individuals concerned. 

The presumption that asylum seekers would be better off at home is, in itself, something charities have argued against. Campaigners are concerned that as the EU struggles to cope with the unflux of migrants, these policy shifts could be more a question of managing numbers than the best interests of the individuals concerned.

Indeed there have been some high-profile success stories of young Afghans assimilating well in Britain – not least the story of Samiullah Nooristani, who fled from Kabul after his father and uncle had to go into hiding, and is now studying medicine at Cambridge.

The International Organisation for Migration even argues that there is a queue of Afghan refugees waiting for repatriation. Since 1999, IOM UK has helped over 2500 migrants to return home to Afghanistan under its assisted voluntary return programmes. It received requests for assistance from 467 Afghan nationals in 2009, although most of its clients are adults.

Currently child asylum seekers are only returned to their county of origin if there is a family member or responsible adult ready to receive them. And there are safeguards currently in place to ensure the UK government does not relinquish responsibility as soon as the child lands on home territory.

Under the new proposals this provision could be circumvented by the effective creation of an orphanage. They include provisions for 'vocational training, business start up grants and short term accommodation for 120 adults a month'. But when the child reaches 18, in the absence of any family members, is that where the protection will end?

Extract from a letter from the Foreign and Commonwealth Office
There is currently no return of unaccompanied asylum seeking children to Afghanistan.

If there is a change to that policy then we would first consider the particular conditions on the ground in Afghanistan at that time and many sources of guidance such as UN reports to infrom our view.
We would again ensure that any and all relevant treaty obligations are met.

Amnesty International’s policy on this is clear. A statement from the human rights organisation reads: "In light of their extremely vulnerable position, Amnesty International believes that unaccompanied children should only be returned when they are handed over to the person who will be their primary carer, whether that is a family member or a legal guardian."

Figures released by the last Labour government show that immigration into the UK currently stands at around 190,000 per year. Immigration was a sensitive issue during the election campaign, with the the Liberal Democrats and the Conservatives, who now form the government, proposing respectively an amnesty on immigrants and a tightening-up of the system.

The direction of UK immigration policy remains to be seen. The concern among rights groups is that the needs of the individual, which have always been at the centre of policy making, could be influenced by questions of budget and managing numbers.

"To start forcibly removing children to a country which is still at war without friends and family to look after them, that's a very dubious exercise," Refugee and Migrant Justice told Channel 4 News.

 "It's very suprising for a Lib Dem / Conservative coalition commited to ending the detention of children," the group said.

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