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    Rae study advocacy Rae study advocacy Presentation Transcript

    • Integration Subject to Conditions A report on the situation of Kosovan Roma, Ashkali and Egyptian children in Germany and after their repatriation to Kosovo UNICEF Kosovo and the German Committee for UNICEF. Pristina, 2010. Copyright: Thomas Rommel
    • 1. BACKGROUND
    • Background: Why this study?
      • Debates on recent readmission agreements between Western European countries and Kosovo
      • A significant number of Roma, Ashkali and Egyptians are obliged to leave Germany
      • Toleration/‘Duldung’: many since 1991/1992 in Germany
      • Children are the most affected: of 5,000 children obliged to leave in June 2009, estimated 3,000 born in Germany
      Copyright: Thomas Rommel
      • Rapid increase in minority returns
      • RAE constituted 33% of all repatriated persons from Germany in 2010, only one in five return voluntary
      • 2010: 32% of deported were children, 54% born in Germany
      • Repatriation practices fail to
      Background: Why now? Copyright: Verena Knaus
      • provide for a return in safety and dignity
      • Children are the most affected
    • The situation in Germany “ Imagine it – you live here for 20 years. You don’t know any other country any more. For us, Germany is our country.” A young Roma from Stuttgart Copyright: Thomas Rommel
    • The situation in Kosovo “ Kosovo is under political pressure to accept these agreements, without having in place the budget or the capacity to receive these families in dignity and security.” Thomas Hammarberg Fact-finding visit to Kosovo, March 2009 Copyright: UNICEF Kosovo
    • The situation in Kosovo Reality check ‘ Kosovo’s local authorities fall short of fulfilling their obligations to support the reintegration of persons repatriated to Kosovo from host countries’ ‘ Concrete measures to facilitate the reintegration of repatriated persons in the key areas of health, education, employment and housing are still lacking’ Reintegration Strategy & Action Plan: insufficient budget lines on central and municipal levels OSCE Mission in Kosovo, 2009
    • The situation in Kosovo Kosovo: Out of sight, out of mind
      • ‘ Every night I cry and I want to go back. All of us cry every
      • night, believe me. The only thing I would like in my life is to go back to Germany and continue my normal life, my school and everything I left there’
      • Fellona, 14 years
      • Born near Saarbruecken
      • Family left Gjakova in 1992
      • 4 children, 1 room house/no bathroom
      • € 70/month social assistance
      • ‘ My mother tongue is German and my home is Olsberg in Germany. I don’t know why they brought me here’
      • Sanije, 15 years
              • Family left in 1992, born in Germany in 1995
              • Sick mother (2 heart attacks), live in uncle’s house
              • Not registered - no social assistance
    • Methodology
      • Quantitative approach
      • Kosovo Foundation for Open Society (KFOS):
      • Baseline Survey 2009
      • 800 respondents
      • (49 returnee families, 162 families with diaspora )
      • Qualitative approach
      • Practitioners, public institutions/officials identified (Kosovo/Germany)
      • 40 portraits of returnee families in 19 municipalities (173 individuals, 116 children)
    • UNICEF Approach Bringing into the current debate on repatriations the argument of the ‘best interest of the child’
      • Convention on the Rights of the Child, Part I, Article 3
      • ‘ In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration ’
    • UNICEF Approach Bringing into the current debate on repatriations the argument of the ‘best interest of the child’
      • EU Directive (2008/115/EC) on ‘Standards and procedures for returning illegally staying third-country nationals’,
      • Article 22:
      • ‘… the ‘best interests of the child’ should be a primary consideration of Member States when implementing this Directive’
      Copyright: Thomas Rommel
    • Kosovo reality: Alarming findings
      • 173 family members:
      • 116 children (67%)
      • 69 born in Germany (59%)
      • 48 not registered (41%)
      • 17 attend school (26%)
      • Chronic illnesses/trauma
      • Poverty
      Copyright: UNICEF Kosovo
    • Other reports on repatriation practices published in 2010
        •  Amnesty International – ‘Not welcome anywhere. Stop forced return of Roma to Kosovo’ , September 2010.
        •  KFOS – ‘Repatriation without responsibility. The nature and implications of Roma, Ashkali and Egyptians forced repatriation to Kosovo’ , October 2010.
        •  Human Rights Watch – ‘Rights displaced. Forced returns of Roma, Ashkali and Egyptians from Western Europe to Kosovo’ , October 2010.
    • 2. KEY ADVOCACY EFFORTS
    • Key Partnerships
      • Cooperation with the German NatCom
      • Cooperation with the office of the Human Rights Commissioner for the COE, Thomas Hammarberg
      • Cooperation with the German Ambassador in Kosovo
    • Main results achieved so far:
        • The German version of the report has been launched at the German Bundestag (lower house of Parliament) in Berlin in July 2010.
        • In some of the federal entities in Germany, such as North Rhine-Westphalia, regulations governing the immigration status of RAE from Kosovo have since been changed taking into account the best interests of the children concerned.
        • Presentation of the report at the COE Task Force on Roma Education meeting in October 2010.
        • Official launch in Kosovo, October 2010.
        • Presentation of the report at the Fundamental Rights Conference in Brussels in December 2010.
        • Presentation of the report at the Federal Office for Migration and Refugees (BAMF) in Nuremberg in March 2011.
        • Meetings with delegations – Both a mission from the EU Parliament and that of the deputy of the Bundestag explicitly asked to have UNICEF on their agenda.
    • Lessons learned Copyright: UNICEF Kosovo
        • This experience shows how fundamental primary knowledge can support and reinforce our advocacy efforts.
        • We should not refrain from stepping into issues that might have some broader political implications – there have been no negative comments to the study.
        • Importance of building partnerships and have concerted advocacy efforts with all key stakeholders.
        • We should think of ways to better document these kinds of experiences as lessons learned to be shared with other country offices.
    • 3. NEXT STEPS
    • UNICEF Strategic Approach
      • Support Kosovo government institutions to improve the implementation and monitoring of the Action Plan for the Integration of RAE communities 2009-2015.
      • Advocate for the integration of children who have been forcibly repatriated from Western European countries.
      • Continue to collaborate with a broad spectrum of partners at central and decentralised levels.
      • Mobilise resources from potential donors, international organisations and European institutions active in Kosovo.
      • Influencing the allocation of international and national resources towards areas of the Kosovo budget that have a positive impact on the fulfilment of child rights.
      Copyright: Thomas Rommel
    • UNICEF Strategic Approach Copyright: Verena Knaus
      • Creation of an online multi-platform to raise awareness and create community mobilisation around the issue of RAE forced repatriation in Germany (still under discussion).
      • The German NatCom is currently working on OneMinutesJr. made by children who are at risk of being forcefully repatriated to Kosovo.
    • Priorities for 2011 Copyright: UNICEF Kosovo
      • UNICEF will continue to ensure that the issue of RAE forced repatriation remains high on the EU agenda.
      • Monitoring of current repatriation practices and their impact on returning RAE families and children.
      • Conduct a study on the psycho-social impacts of repatriations on children repatriated from Germany, Austria and Switzerland to Kosovo.
    • Thank you! Copyright: UNICEF Kosovo