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David Vs Goliath (continued).
In Switzerland, where 1,775 asylum applicants in 1999 claimed to be under 18, the Asylum Appeals Commission recently opted to stop using bone x-rays for age determination after experts warned of a very large margin of error. Although UNHCR asks governments not to imprison asylum seeking children, many governments do so. Few will admit that this is intended as a deterrent measure; some argue that it is for the children’s own safety, to protect them from abuse by traffickers.

In 1999, the U.S. Immigration and Naturalization Service reportedly held 4,600 unaccompanied children in detention, many of whom were seeking asylum. In Austria, where for many years children have been routinely detained, the Minister of Interior issued instructions in October 2000 to improve the conditions of detention, allowing children at least to receive legal assistance.

Even Canada, which in the past rarely detained asylum seekers, let alone children, jailed a dozen Chinese girls for many months last year, after they were spotted in the back of a van headed for the U.S. border. An Ontario judge admonished immigration authorities for this lengthy detention and insisted that more attention be paid to the care of the girls saying: “These minors are, after all, children. Their families are thousands of miles away. Decency is something Canadians take pride in, and decency should prevail.”

A GUARDIAN
Children cannot be expected to know their rights in a strange country. This is why UNHCR asks governments to make sure that a suitable guardian is appointed for separated asylum seeking children—another recommendation which has largely fallen on deaf ears, although states routinely appoint guardians for national children who are placed in state care.


Few separated children are recognized as refugees in western countries. In Europe the average recognition rate in 1999 was around five percent.

Some notable exceptions exist: in Sweden, all separated children get a guardian known in Swedish as ‘the good man.’ The appointment of a guardian is required by law in Norway, but there is a shortage of candidates. In the Netherlands, a social worker from the agency “de Opbouw” is appointed guardian—but the caseload is too large for much individual attention to be devoted to care, education and tracing of family members. In the United States and Canada, there are no formal guardianship arrangements, which can create problems in situations as mundane as when approval needs to be given for a child to have his or her appendix removed.

Appointment of a guardian, and involvement of child welfare agencies is also vital because some children arrive with adults who are not willing, able, or suitable to care for them, and because many children arrive with the address of an ‘uncle’ or a family friend in their pocket. For lack of other options, the border authorities often ask this person to collect the child, without verifying whether he or she can provide a suitable home for the child.

 
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