Criminalization of irregular migration
The birth of the child is registered in the Latvian Birth Register if
the child is born in the territory of the Republic of Latvia territory of Latvia
-
a)
National legislation, policies
and practice, including mechanisms to assess and address challenges in the
implementation of the international framework for the protection of the rights
of the child in the context of migration
At the legislative level, Latvia has joined several international
treaties aimed to protect children’s rights and interests in the context of the
migration (cross-border situations), namely, Convention of October 1980 on the
Civil Aspects of International Child Abduction, Convention of October 1996 on
Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in
Respect of Parental Responsibility and Measures for the Protection of Children.
At the same time Latvia
has adopted European Council Regulation (EC) No. 2201/2003 concerning
jurisdiction and the recognition and enforcement of judgments in matrimonial
matters and in matters of parental responsibility, repealing European Council
Regulation (EC) No. 1347/2000.
b)
Joint efforts and strategies
available at the bilateral, regional and international levels to assess and
address challenges in the implementation of the international framework for the
protection of the rights of the child in the context of migration
On bilateral level
there is cooperation between the State Border Guard and countries of origin and
transit of immigrants, joint trainings with border guards of neighboring
countries. The bilateral agreements and understandings with third countries
regulate the cooperation of the State Border Guard with countries of transit of
illegal migration; agreements regarding the cooperation in the field of
prevention and combating of organized crime mostly envisage also cooperation
possibilities in the field of prevention and combating of illegal immigration.
On July 14, 2009,
the Asylum Law has entered into force which, inter alia, provides the
implementation of the conditions of the European Council Directive 2001/55/EC
of July 20, 2001 on minimum standards for giving temporary protection in the
event of a mass influx of displaced persons and on measures promoting a balance
of efforts between Member States in receiving such persons and bearing the
consequences thereof. The State Border Guard has developed procedures that
shall be applied in case of crises if there is a mass influx of asylum seekers
in some EU Member State, in order it would be possible to send officials of the
State Border Guard to the relevant Member
State Latvia
has not been involved in activities of resettlement and in the implementation
of the resettlement programmes and also does not plan such participation in the
nearest future.
On the basis of the European
Council Regulation No.2007/2004 of October 26, 2004 establishing the European
Agency for the Management of Operational Cooperation at the External Borders of
the Member States of the European Union, the State Border Guard on a regular
basis participates in joint operations and other activities in the Member
States, where the risk of illegal immigration has increased or where influx of
asylum seekers can be expected. In such case and upon a request of the FRONTEX,
well-prepared and experienced border guards are selected for the participation.
On the basis of the European
Council Regulation (EC) No.863/2007 of the European Parliament and of the
Council of July 11, 2007 establishing a mechanism for the creation of Rapid
Border Intervention Teams (hereinafter – the RABIT) and amending Council
Regulation (EC) No.2007/2004 as regards that mechanism and regulating the tasks
and powers of guest officers, the State Border Guard has assigned 21 border
guards who upon a request of the FRONTEX, according to emergency, are ready to
be involved in procedures of border control as well as interviewing of asylum
seekers in Member States with increased risk of illegal immigration.
c)
The work of National Human Rights
Institutions and other relevant stakeholders
The Ombudsman, who was elected by the Latvian Parliament in 2007, acts
to protect the rights and legal interests of a person in situations when State
and municipal authorities have breached the human rights defined by the
Constitution and international human rights documents. Inter alia, the
Ombudsman pays attention to the issues of the rights of children, including the
migration aspect. Although, comparing to the other aspects of the children’s
rights, the scope and amount of complaints on presumable violation of
children’s rights in the context of migration and identified problems has been
relatively small. The activities of the Ombudsman Bureau in the area of migrant
children rights have been mostly of preventive nature or the Bureau has tried
to solve individual situations (for example, a successful case in 2009 is
related to ensuring the right to education – the parents and the child who are
citizens of another country with a permanent residence permit in Latvia have
been requested by the educational establishment to pay fee for the studies of
the child because he is an alien. Only after the Ombudsman got engaged in
solving this situation, pointing to the Article 3 of the Law on Education of
Latvia, which says that every person who has received a permanent residence permit and their
children have equal right to acquire education, the solution was found allowing
this child to acquire the state funded education.).
The Ombudsman Bureau has been actively engaged in elaboration of the
Asylum Law of Latvia. With a view to make sure that the rights and well-being
of migrant children are ensured, the Bureau pays visits to the asylum seekers
reception centre „Mucenieki” and the detention centre for illegal immigrants „Olaine”.
The Ombudsman Bureau also provides consultations and participates in awareness-raising
events.
Post a Comment