Difficulties of unaccompanied foreign children crossing the Polish border with Belarus.
Date:
Over the past few months, numerous cases of unaccompanied minors crossing the Polish border with Belarus in an irregular manner have been reported to the Commissioner of Human Rights and the Ombudsman for Children. These children, from countries such as Somalia, Sudan, Ethiopia and Yemen, are detained by border guards who take official action against them to determine their legal status.
This situation calls for urgent legislative action to align Polish law with standards for the protection of the rights of migrant children. These remain within the competence of various ministries. For this reason, the address of the CHR and the OC was directed to the Prime Minister.
In the view of the CHR and the OC, unaccompanied minors are not provided with appropriate legal representation. The scope of authority of the probation officer is very narrow, which requires the appointment of a so-called ‘child representative’ who would, inter alia, ensure that that the proceedings are conducted in the best interests of the child. Given the overriding principle of the state authorities to be guided by the best interests of the child in all actions concerning the child, every such minor in Poland should have representation from the first moments after detention.
It is also important to establish the correct age for these children, taking into account psychological, developmental or environmental factors. At present, there is no method of determining a person's exact age. Determining chronological age is crucial in the case of undocumented foreigners who are under 18 according to their declared date of birth. The outcome of the examination determines their further fate and, in particular, the type of institution in which they will be placed.
In addition, at the very least, the possibility of placing in immigration detention those children who are subject to return proceedings - regardless of their age - should be excluded.
In relation to the above-mentioned facts, Marcin Wiącek and Monika Horna-Cieślak jointly request the Prime Minister to initiate legislative amendments in order to eliminate these problems and thus more effectively ensure the rights of unaccompanied minors residing in Poland.
