C/2024/3823

19.6.2024

Resolution by the Euronest Parliamentary Assembly on the social support and integration of minors fleeing war in the EU and the Eastern Partnership region as adopted on 20 March 2024

(C/2024/3823)

THE EURONEST PARLIAMENTARY ASSEMBLY,

— having regard to the EU strategy on the rights of the child of 24 March 2021,

— having regard to the European Child Guarantee established by Council Recommendation (EU) 2021/1004 of 14 June 2021 ( 1 ) ,

— having regard to the Council conclusions of 9 June 2022 on the EU strategy on the rights of the child,

— having regard to the UN 1951 Convention Relating to the Status of Refugees and its 1967 Protocol, the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness,

— having regard to the UN 1989 Convention on the Rights of the Child, and its 2000 Optional Protocols on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography, and its 2011 Optional Protocol on a communications procedure,

— having regard to the UN Security Council meetings of 7 September 2022 and 10 January 2024 with a particular focus on Ukrainian children,

— having regard to the European Parliament’s resolution of 1 March 2022 on the Russian aggression against Ukraine ( 2 ) ,

— having regard to the European Parliament’s resolution of 7 April 2022 on the EU’s protection of children and young people fleeing the war in Ukraine ( 3 ) ,

— having regard to the European Parliament’s resolution of 15 September 2022 on human rights violations in the context of the forced deportation of Ukrainian civilians to and the forced adoption of Ukrainian children in Russia ( 4 ) ,

— having regard to the Council of Europe 2022-2027 Strategy for the Rights of the Child of 23 February 2022,

— having regard to the Council of Europe 2021-2025 Action Plan on Protecting Vulnerable Persons in the Context of Migration and Asylum in Europe of 5 May 2021,

— having regard to the UN High Commissioner for Refugees (UNHCR) mid-year trends report ( 5 ) ;

— having regard to the Commission report entitled ‘Integration of people fleeing Ukraine in the EU – note to European Commission’ of May 2023 ( 6 ) ;

— having regard to the European Parliament’s resolution of 5 October 2023 on the situation in Nagorno-Karabakh after Azerbaijan’s attack and the continuing threats against Armenia ( 7 ) ,

whereas childhood is the most vulnerable period of human life even in times of peace, and even more so in times of war; whereas children in times of war are often exposed to irreversible physiological and psychological risks and therefore they deserve special attention, care and protection at all times and all the more so in times of war;

whereas protracted interruption of education can have a further damaging effect on displaced children’s well-being, social skills and mental health, increasing the need for intensified integration efforts into host states’ education systems;

whereas as a result of armed conflict, at least one third and, in some cases, up to half of displaced people are minors;

whereas according to UNHCR data, as of mid-2023, Armenia hosted 35 916 people protected and/or assisted by the UNHCR; whereas as of September 2023, Armenia also hosted an additional 101 000 forcibly displaced people from Nagorno-Karabakh when effectively the entire population of the region fled their homes following another attack by Azerbaijan on Nagorno-Karabakհ after a nine-month blockade of the Lachin corridor;

whereas according to UNHCR data, as of mid-2023, Azerbaijan hosted 668 817 people protected and/or assisted by the UNHCR;

whereas according to UNHCR data, as of mid-2023, Georgia hosted 321 984 people protected and/or assisted by the UNHCR;

whereas according to UNHCR data, as of mid-2023, Moldova hosted 112 047 people protected and/or assisted by the UNHCR;

whereas according to UNHCR data, as of mid-2023, Ukraine hosted 6 748 413 people protected and/or assisted by the UNHCR;

whereas Ukrainian children are paying the ultimate price in the war, as 528 Ukrainian children have been killed and 1 226 wounded, 1.8 million have had to cross into neighbouring countries as refugees and another 2.5 million are internally displaced within Ukraine;

whereas according to UNHCR data, 30 % to 50 % of the around 5.9 million Ukrainian refugees across Europe are children, and only about half of them were enrolled in schools in their host countries for the 2022-2023 academic year ( 8 ) ;

whereas the vast majority of refugees from Ukraine have remained in Europe, including in EU and Eastern Partnership countries; whereas some EU Member States are hosting a significant number of refugees from Ukraine both in absolute numbers and proportionally to the host country’s population;

whereas direct neighbours and those in closer geographical proximity to Ukraine have hosted a very significant number of Ukrainian children and mobilised significant resources in the fields of housing, social support and education, including at local level and by civil society;

whereas since the beginning of the full-scale war of aggression, approximately 20 000 Ukrainian children have been forcibly deported to Russia and Belarus or detained in the occupied territories; whereas the International Criminal Court has issued international arrest warrants for Vladimir Putin and Maria Lvova-Belova in view of their responsibility for the war crime of unlawful deportation and for the unlawful transfer of children from occupied territories of Ukraine to Russia; whereas fewer than 400 deported children have been returned to Ukraine and reunited with their families;

whereas the forced transfer and adoption of Ukrainian children to Russia is an intolerable injustice that risks becoming an irreversible injustice if not addressed with the utmost urgency; whereas information on the forcibly transferred children is being hindered by limited access for international humanitarian organisations and Russia’s lack of cooperation;

whereas the report of Lodewijk Asscher, Special Adviser for Ukraine, on the integration of people fleeing Ukraine in the EU provided some guidance that is also relevant for the integration of children and recommended to better integrate children, inter alia, by increasing their enrolment in local schools to overcome the ‘waiting dilemma’;

whereas in times of conflict, the protection of children’s legal identity is at greater risk due to their inherent vulnerability, especially in the case of unaccompanied minors;

whereas in the Eastern Partnership region, the practice of placing children in need of families in institutional care is a heritage from the past that should be addressed by promoting a shift towards family-based care as much as possible;

whereas the UN Convention Relating to the Status of Refugees obliges states to ‘accord to refugees the same treatment as is accorded to nationals with respect to elementary education’ and to ‘accord to refugees treatment as favourable as possible, and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, with respect to education other than elementary education’;

whereas the UN Convention on the Rights of the Child obliges states to grant the rights provided for in the Convention to all people under 18 years of age and within their jurisdiction without discrimination, and its three Optional Protocols provide for additional protections relevant to all children, including minors fleeing armed conflicts;

whereas the UN Convention on the Rights of the Child places an emphasis on the concepts of ‘best interests’ of a child and the ‘participation’ of children in decision-making processes that affect them, taking into account their age and maturity;

whereas the UN Convention recognises that while children have inherent rights as individuals, the exercise of many of these rights is possible through a relation, therefore the Convention also places an emphasis on family and community;

whereas policies should be aimed at eliminating double standards that widen the gap between displaced people, including children from different contexts, preventing and working to ease and resolve social tensions in host communities;

whereas the EU and Eastern Partnership countries should take stock of lessons learnt and share best practices, while also preparing to address ‘solidarity fatigue’ and the ‘waiting dilemma’ for displaced people who are contemplating either long-term integration into host communities or returning at the first suitable opportunity;

whereas the nine-month blockade of Nagorno-Karabakh and the subsequent forced displacement of its population have particularly affected vulnerable groups, including children;

Underlines the core principles set out in the Convention on the Rights of the Child that should guide all policies at all times regarding children, notably the best interests of the child, non-discrimination and participation;

Remains convinced that it is best for a child to live in a family, unless circumstances prevent this, e.g. abuse in the family; recommends, therefore, that all actors favour family-based solutions in the best interest of the child whenever possible, including while tracing the family of an unaccompanied minor;

Calls for humanitarian and financial aid to Ukraine to be increased so as to meet the needs of temporarily displaced children in EU countries as a result of Russia’s full-scale military invasion of Ukraine; calls for the prompt exchange of information to be facilitated on the situation of children temporarily displaced outside of Ukraine;

Expresses the need to provide quality care for children evacuated from institutional facilities in Ukraine, in particular those with disabilities or special needs, in line with their interests, while maintaining close contacts with their legal representatives or accompanying persons from Ukraine;

Calls for clarification to be provided to evacuated children and families with children about the specifics of the national legislation of the host country, relating to the care and education of the child in a language they understand and taking into account the child’s level of development;

Stresses that, during the period of martial law in Ukraine, the authorities of the relevant state are prevented from making decisions regarding the illegal adoption of children who are Ukrainian citizens;

Calls on all actors to take special care in the implementation of the principle of non-discrimination in order to ensure that no differentiation occurs in the exercise of a child’s rights on any grounds, notably of a child’s legal status, whether they are a citizen, alien, refugee, unaccompanied, stateless, etc.; recommends that all actors develop and implement policies with a strong emphasis on avoiding double standards, with no differentiation in the provision of rights, services and opportunities to different groups of displaced children or to displaced people in general;

Calls on all actors to sustain efforts so that children may participate in decision-making processes on matters concerning their lives, taking into account their age and maturity; underlines that this requires adequate resources and capacity, including specialised professionals, e.g. to interview and take care of minors in line with their age and maturity before granting them an appropriate status;

Notes that the displacement of minors, similar to all other types of displacement, should be addressed in the immediate region of the country of origin; stresses, however, that neighbouring countries should not be expected to bear the burden alone;

10.

Condemns any instrumentalisation or weaponisation of displaced minors and of displacement in general; underlines that the well-being of displaced individuals, including children, should be at the heart of policies, ensuring that they can lead dignified and safe lives and choose to work towards returning home if and when the opportunity arises;

11.

Recommends that states have adequate and swift procedures and administrative capacities in place to grant legal status and restore or issue documentation to all displaced people within their jurisdiction, including and with a particular emphasis on displaced children, as this is crucial in order to activate the provision of all rights, services and opportunities that are dependent on such a status;

12.

Underlines the importance of interim professional care for unaccompanied children to all actors involved, including through trained foster care professionals, caseworkers, interpreters and mental health professionals;

13.

Recommends that all actors make additional efforts when it comes to displaced children to ensure their safety from gender-based violence, trafficking and exploitation, especially regarding unaccompanied children and children coming from institutional care; underlines the need for further targeted policies to prevent family separation, including from siblings, and to ensure family reunification and bonding;

14.

Stresses the importance of providing appropriate psychosocial support to deal with cases of stress, separation, loss and trauma caused by war and displacement as well as post-migration challenges, including potential discrimination in the host country and a reconfigured family life; highlights, furthermore, the importance of making trauma support and counselling more accessible and affordable;

15.

Underlines that among the rights, services and opportunities for displaced children, access to healthcare and education stand out as paramount; notes the disrupted education of displaced children and points to the additional challenge of language acquisition, which requires resources and arrangements for additional courses such as language courses and remote access to education at home, as well as the professional development of teachers and school staff to support the integration of displaced children into host country education systems; recommends that all actors place a special focus on displaced children with disabilities and ensure specialised educational support for those with additional needs;

16.

Calls on states to support any initiatives that provide displaced children and young people with opportunities for social interaction, cultural exchange and creative expression, with the aim of improving their integration into host countries;

17.

Recommends that all actors work towards permanent housing solutions and formal income-generating opportunities for all displaced people, with an emphasis on formal employment opportunities for parents and legal guardians;

18.

Calls on states to operate under the assumption that the necessity of caring for displaced children will persist for an undetermined period of time, rather than creating childcare-oriented infrastructure based solely on the assumption of a temporary distortion of the usual demand;

19.

Underlines the crucial importance of adequate support and financing for host environments, including families, schools and communities; emphasises that adequate funding needs to be allocated at municipality level, as most immediate support measures need to be implemented at this level; stresses that this is a necessary precondition in order to prevent and resolve social tensions and real or imaginary grievances that can be manipulated by certain actors, ranging from local to geopolitical, with the aim of increasing social tensions and spreading disinformation;

20.

Praises the Georgian Government for its decision to provide simplified access to school enrolment for Ukrainian pupils who, as a result of hostilities in Ukraine, are unable to continue receiving education in Ukraine and express their desire to continue their studies in Georgia; notes that Ukrainian-language sectors will be opened in schools in Tbilisi to provide Ukrainians with the opportunity to study in their native language; commends the introduction of a number of benefits for displaced Ukrainian children established in Tbilisi; highlights the simplified registration processes in kindergartens and universities, among other initiatives;

21.

Recommends that all actors develop and implement policies that take into consideration the dilemma of integrating versus waiting to return to their country of origin; notes that displaced children and families might face additional psychological barriers to fully integrating into their host environments as they might think or feel that any such integration runs counter to their hopes of returning home; points to the additional support needed, including social and psychological support, to help displaced children in acquiring all the necessary skills, including linguistic and any other skills, to lead normal, community-based lives as soon as possible;

22.

Reiterates that the continued forced relocation and deportation of Ukrainian children, including those from institutions, to Russia and Belarus and their forced adoption by Russian families is in breach of Ukrainian and international law; underlines that forcibly transferring children from one group to another constitutes the crime of genocide, according to Article II of the Convention on the Prevention and Punishment of the Crime of Genocide; demands that the Russian and Belarusian authorities ensure the immediate return of all Ukrainian children in order to reunite them with their families; praises the efforts of local Ukrainian organisations that, on a case-by-case basis, support parents and families in searching for their children and fighting for their safe return;

23.

Calls on Russia to fully abide by its obligations under international law and international humanitarian law and immediately cease the forced transfer and adoption of minors from Ukraine to Russia; demands that Russia provide information on the whereabouts of all forcibly transferred minors, provide international humanitarian organisations with access to the places where the forcibly transferred minors are being kept and allow and enable their safe transfer to Ukraine or a third country;

24.

Welcomes the joint statement by Armenia and Azerbaijan announcing the mutual release of detainees and reconfirming their intention to normalise relations and conclude a peace treaty on the basis of mutual respect for the principles of sovereignty and territorial integrity;

25.

Calls for the EU and the Member States to increase all necessary humanitarian and financial assistance to Armenia through direct budget support and international organisations in order to meet the needs of the minors among the forcibly displaced population of Nagorno-Karabakh;

26.

Instructs its Co-Presidents to forward this resolution to the President of the European Parliament, the Council, the Commission, the Vice-President of the Commission / High Representative of the Union for Foreign Affairs and Security Policy, the Commissioner for Neighbourhood and Enlargement, the European External Action Service, the governments and parliaments of the EU Member States and the Eastern Partnership countries.

( 1 ) OJ L 223, 22.6.2021, p. 14 .

( 2 ) OJ C 125, 18.3.2022, p. 2 .

( 3 ) OJ C 434, 15.11.2022, p. 50 .

( 4 ) OJ C 125, 5.4.2023, p. 67 .

( 5 ) UNHCR, ‘Refugee Data Finder’, https://www.unhcr.org/refugee-statistics/insights/annexes/trends-annexes.html?situation=1 .

( 6 ) European Commission, ‘EU Commissioners discuss the progress of the integration of people fleeing Russia’s invasion of Ukraine’, https://ec.europa.eu/social/main.jsp?langId=en&catId=89&furtherNews=yes&newsId=10589 .

( 7 ) OJ C, C/2024/1188, 23.2.2024, ELI: http://data.europa.eu/eli/C/2024/1188/oj .

( 8 ) UNHCR, ‘Education on hold’, September 2023, https://data.unhcr.org/en/documents/download/103089 .

ELI: http://data.europa.eu/eli/C/2024/3823/oj

ISSN 1977-091X (electronic edition)