Children, traveling unaccompanied between the countries of Commonwealth of Independent States (CIS), are subject to gross human rights violations such as detention, criminalisation, deportation and are denied access to legal assistance, education, and health services. However, there is very little information available about the issues such children face. Activities of the CIS, a regional organisation whose participating countries are former Soviet Republics, are not widely discussed in the media or even by Member States and violations of rights of unaccompanied children often go unnoticed.
The definition of unaccompanied children and criminalisation
The Chisinau Agreement (available in Russian only), the main treaty relating to the situation of unaccompanied children in the region, as well as domestic laws in CIS countries, do not differentiate between unaccompanied children and separated children - a difference set out by the UN Committee on the Rights of the Child. Furthermore, the Agreement fails to distinguish between unaccompanied children and children suspected of committing an offence. Shortcomings in the definition of unaccompanied children and the fact that the law treats them as criminals instead of children in need of protection is the root of the problem.
Lack of recognition of best interests of the child and child’s right to be heard
The Chisinau Agreement has no provision stating that States should be guided by the best interests of a child when dealing with unaccompanied children. One of the effects of this is that the Agreement does not allow children to stay in the country to which they have travelled, instead requiring them to return to their home country, even if this is not in their best interests. Furthermore, decisions affecting children are not informed by their views and wishes, given that the children themselves are not made aware of their legal entitlements.
Lengthy periods of detention and prison-like conditions
Unaccompanied children are transferred to the closest “specialised institution” in their home country within 30 days from the time when it has been established that no parents or legal guardians may be found. Laws in some countries extend this period for even longer. These institutions, often called transit centres, not only fail to adhere to the principle that detention should be a measure of last resort, they also fail to meet basic child protection standards.
Many transit centres, resemble those of a penitentiary nature: children are under constant supervision and surveillance and their activities are tightly controlled. Communication with outside world is also very limited. Furthermore, children cannot leave transit centres of their own accord and none allow children to even leave the premises without adult supervision.
Access to legal assistance
Access to legal assistance in transit centres is very limited. Lawyers who work with children are often not trained in child-friendly practices. Many transit centres do not provide legal aid, leaving NGOs to provide lawyers.
Education, health and well being
Some transit centres provide children with education and psychological assistance. However, classes are very basic and are taught at a lower level than at regular schools. Staff including psychologists are usually not trained to work with children and in some centres they even wear police uniform.
Lack of follow up procedures
A lack of follow-up procedures is a common problem. When children leave a centre to go to social institutions or return to their home country, officials do not follow up. There is no communication between these institutions.