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Children SA. August 28 to September 3 2015. Experts weigh in on child migration. Implementing the policies protecting child migrants can be a co-ordination ...
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August 28 to September 3 2015

Experts weigh in on child migration

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Implementing the policies protecting child migrants can be a co-ordination nightmare Victoria John

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plethora of policies and international treaties surround the growing phenomenon of the approximately 250 million child migrants globally, and the kinds of barriers or services they might encounter on their hazardous journeys. Although most of these policies claim to uphold the best interests of the child, their implementation eludes many of the countries that espouse them and, in some dire cases, have even resulted in the opposite happening. Richard Ots, Chief of the South African Mission of the International Organisation for Migration told a Mail & Guardian Critical Thinking Forum on Monday night about a particularly alarming child trafficking case he encountered while working in Mauritania. The father of a 13-year-old Ghanaian girl applied to the Spanish Embassy for a medical visa because the little girl had burns all over her body, he said. The Embassy staff did not trust the story, and notified the police, who investigated the case. “It was found out that the burns were caused by her father for the sole purpose of being able to [get a visa to Europe].” The girl was put into the care of social services and it was discovered that her father had also infected her with HIV. When the girl’s mother was contacted to facilitate repatriation of the girl, she was told about her daughter’s health and initially did not want to claim her. “A lot of these cases carry such complexities that it is very difficult to [have] regulations that address all aspects of the situation. It’s absolutely mind-boggling how people can be so unscrupulous in their goals.” This unscrupulousness takes many forms in the shifting landscape of child migration, panellists told guests at the forum, which was held in Soweto and jointly hosted by Save the Children South Africa. Human traffickers and corrupt government officials continue to make big profits out of child migrants. But dishonesty is not only a means of exploiting children — it is also a symptom of the desperation of millions of migrating families and children who flee poverty, conflict or natural disasters in their own countries, searching for political stability and economic or educational opportunities in others. The forum sought to answer the question “How do we strengthen the protection of children crossing

borders in Southern Africa and build safer and sustainable child protection systems?” Migrant children are those who move voluntarily or involuntarily; within or between countries; with or without their parents or other primary caregivers; with or without documentation; and whose movement — while it may open up better work or education opportunities — may also place them at risk of economic or sexual exploitation, abuse, neglect and violence. Ots said it was estimated that 25% of all migrants are children. At the core of the international framework for human and children’s rights is the Convention on the Rights of the Child — the most widely ratified human rights treaty. It states that all the rights contained in it apply to all children, without discrimination of any kind, and the best interests of the child shall be a primary consideration in all actions concerning children. South African policy also prioritises child protection, panellist Tebogo Mabe, Director of Adoptions and International Social Services at the national Department of Social Development, told guests. “The Child Act, [which was] implemented in 2010, has certain provisions in terms of the care and protection of vulnerable children,” he said. “[It works with the] definition of a child [as] anyone below the age of 18 years … so when we offer services and talk about protecting children, we need not look at the [country of] origin of the child … regardless of nationality … we need to talk about how efficiently we can assist these children.” Positive policy development is one thing, but implementation and interagency, inter-government and interdepartmental co-ordination has proven to be another. Practically, Home Affairs departmental spokesperson Mayihlome Tshwete said the department was focusing on its border management capabilities. “This is not done to keep anybody out or in, but done so that we [can] use official ports of entry and [are] able to use legislation to manage the people coming into the country … because of national security, but also because of child trafficking. We want to protect children coming in and going out of the country,” he said. Roshan Dadoo, Executive Director of the Consortium for Refugees and Migrants in South Africa, said the organisation was working with the Department of Social Development on developing standard operating procedures for unaccompanied minors.

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From left to right: Picture 1: Ingrid Palmary, African Centre for Migration and Society, Liesl Muller, Lawyers for Human Rights, and Gilles Virgili, Save the Children South Africa. Picture 2: Tembisa Marele (moderator), Roshan Dadoo, Consortium for Refugees and Migrants in South Africa, Ingrid Palmary, African Centre for Migration and Society, Liesl Muller, Lawyers for Human Rights, and Gilles Virgili, Save the Children South Africa. Picture 3: Richard Ots, International Organisation for Migration. Picture 4: Tebogo Mabe, Department of Social Development. Photos: Oupa Nkosi “We do need to see broader co-operation … because you realise that at the same time [the police] are trying to make standard operating procedures, and I think that’s sometimes where the problems lie: not always in the policy … [but] in implementation, and government departments not talking to each other …” Liesl Muller from Lawyers for Human Rights echoed this point, saying laws concerning migrant children “are mostly well written and well thought through, but implementation is a huge thing and that involves awareness raising and education”. She said crucial policies around migrant children’s right to education could be implemented better if

schools were informed of the law enforcing this. “The Department of Basic Education needs to let their schools know they can’t turn away children without documents.” But even assessing children’s needs is a major challenge at times said panellist and Project Manager for Save the Children South Africa Gilles Virgili. “Policies say that a child should be assessed during a period not exceeding six months before a durable solution is found, but the reality is that most migrant children remain in institutions for years with their cases, including legal status, being unresolved.” Their call for better co-operation resonated in comments made by

panellist Sofia Moreira de Sousa, Deputy Head of the European Union (EU) Delegation to South Africa. She said the forum was timely because the large influx of migrants into the EU in the last two years and its accompanying tragedies “puts the EU and our migration policy into question”. Policy around migration was an “evolving area where we are trying to develop common policies … to try to tackle this issue together”. “What can we do better with the countries where people come from, to address these root causes? We also look at smugglers. How can we make this business less profitable? It is very important to talk and discuss [this] with countries that face similar challenges.”

2 Advertising supplement to the Mail & Guardian August 28 to September 3 2015

Save the Children South Africa

Children on the move at risk The thousands of refugee and migrant children entering Europe are swamping reception centres Victoria John

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n September 2012 an interagency group on children on the move, comprising 10 human rights organisations, circulated a statement highlighting their concern that countries and individuals were infringing on the rights of millions of migrant children, and that policies meant to address these violations were failing dismally. The statement was addressed to the United Nations Committee on the Rights of the Child. “Children make up a significant part of the large-scale and complex population movements currently taking place in many parts of the world and the number of children who are on the move is growing dramatically,” it said. “Yet, despite the growing mobility of children, child protection and migration policies alike are not adequately addressing the violations of child rights that children on the move experience, or the specific needs of these children.” It defined children on the move as “children moving for a variety of reasons, voluntarily or involuntarily, within or between countries, with or without their parents or other primary caregivers, and whose movement, while it may open up opportunities, might also place them at risk (or at an increased risk) of economic or sexual exploitation, abuse, neglect and violence”. Included in the interagency group were among others, Save the Children, the United Nations Children’s Fund (UNICEF), the International Organization for Migration (IOM), the United Nations High Commissioner for Refugees (UNHCR) and Terre des Hommes. Their statement said appropriate responses require “coherent national legislation; policies, and procedures that respond to and are reflective of the specific needs of children on the move”. “But they also require the existence and functioning of transnational co-operation and co-ordination mechanisms that recognise the transnational dimension of much of children’s movement, and facilitate co-ordination between state and non-state actors in different countries, based on the best interests of the child.” They called on the committee to take various actions, including asking states “to report on key initiatives and progress aimed at developing effective and appropriate child protection systems and implementing integrated, co-ordinated and comprehensive responses for all children, based on the best interests of the child and inclusive of the specific needs of children on the move”. The agencies explained that such systems should ensure that child protection interventions are put in place before the movement; during transit, and at the child’s destination and a durable solution for each child should also be constructed with the participation of the child. “National child protection policies, including policies and measures on care; child labour; access to justice; migration, and asylum procedures

A young migrant boy waits for a registration procedure at the port on the Greek island of Lesbos, August 21, 2015. Photo: REUTERS/Alkis Konstantinidis should take explicitly into account and tackle the specific needs and vulnerabilities of children on the move and include information that is age-appropriate. An assessment of the reach and impact (both positive and negative) of these policies and measures on these children should always be carried out.” The 10 organisations that constitute the inter-agency group are constantly, informally and formally, assessing the reach and impact of these measures and keep striving to fill the gaps they find in them. African countries are renowned to be the biggest contributor of migrants to their neighbouring countries and continents, including thousands that flee their countries for Europe. For years, Libya’s shores have been the point of departure for thousands of these people, who flee poverty and conflict affecting western and subSaharan Africa. Recently the deteriorating political and security situation in Libya has led to a surge in the number of migrants entering Europe, and Save the Children Italy has worked tirelessly to ensure that as far as possible their rights are respected.

Children make up a significant part of the large-scale and complex population movements currently taking place in many parts of the world and the number of children who are on the move is growing dramatically

Head of Child Protection for Save the Children Italy, Carlotta Bellini, said about 95 520 migrants arrived in Italy between January and August this year, including 8 880 children. Of these, 5 920 were unaccompanied children, mainly from Eritrea, Somalia, Gambia, Egypt and Nigeria. Testimonies from unaccompanied children who have arrived in Italy in the last few days describe Libya “as a land of violence, with armed people walking the streets and constant threats to migrants,” said Bellini. “Due to the poor living conditions in Libya and the detention that migrants often are given there, the number of those affected by scabies and lice increased.” She said children face journeys that often include “dehydration and malnutrition; kidnapping, detention and extortion;  child  slavery; trafficking; sexual abuse and other forms of cruel treatment, all without the protection of their families”. Upon their arrival in Europe, unaccompanied children are the most vulnerable and at the greatest risk of falling prey to human traffickers who force them into manual labour; domestic work; drug smuggling, and prostitution. “But anyone under the age of 18 is a child, by law, and must be given protection, as is their fundamental right.” Italy is struggling with the high volume of migrants entering the country. One result is that conditions at first reception facilities remain substandard, said Bellini. “On August 4, for example, during the sea landing of 398 migrants in Crotone, 180 unaccompanied children were transferred to reception facilities … 70 of the unaccompanied children transferred to a reception

centre in Crotone have not received any change of clothes; the reception centre only has one bathroom, and no hygienic-health kits were distributed.” To combat the country’s inadequate response, Save the Children Italy has stepped in where it can to protect these children’s rights. Its strategy includes informing families and children of their rights, monitoring disembarkation and reception facilities, and running its own child-friendly spaces. In Sicily, Calabria and Apulia the organisation “works in disembarkation areas as well as in first reception facilities and children’s homes, where our job is to explain to families with children and to unaccompanied children the legal process and their rights, along with assessing any specific needs they may have, being health or psychological assistance, and referring them to the relevant social services”, said Bellini. “We monitor reception standards and provide capacity building activities  in reception centres and children’s homes, and we support the authorities in the identification of long-term solutions in the children’s best interests.” In Rome and Milan the organisation has set up “day and night centres where children are offered showers, clothes, food, medical support, legal advice, and guidance on the asylum-seeking process”. “One of our night centres is specifically for Afghan and Eritrean children who have travelled alone, as they tend to have taken long and difficult journeys and have specific needs.” At the Central Railway Station in Milan, Save the Children Italy opened a child friendly space offering recreational and educa-

tional activities, including access to paediatric support and referrals. The space also plays a leading role in the co-ordination of all the activities of associations and organisations willing to co-operate for the wellbeing of migrant children. She said strategies to help migrant children fail when countries act in silos (alone). A Save the Children statement in August said the organisation is extremely concerned “about the dire situation migrant children and families are currently facing in Calais, at the border between France and UK; in Spain; in Italy, and in Greece … and about the many young lives being lost in the search for freedom and protection”. It showed the “present lack of capacity and will” in the European Union (EU) “to address the situation strategically and with a view to achieving long-term solutions”. The organisation urged the EU to “immediately put in place an effective relocation system to address this situation, with specific priority given to children”; and to “protect the most vulnerable people, particularly children, in their activities at the borders, with systematic consideration given to the best interest of the child”. CREDITS Editor Ben Kelly News editor Ansie Vicente Subeditor Derek Davey Layout Douglas-Henry Design Sales Busisiwe Kunene [email protected] This supplement was paid for by and the contents and photographs signed off by Save the Children South Africa

Advertising supplement to the Mail & Guardian August 28 to September 3 2015

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Save the Children South Africa

Migrants apply for asylum outside Home Affairs in Pretoria .“They don’t take us as human being life. We are trying to make a better life in South Africa. We are human beings. We are all in Africa. We have slept here for three days. Now I don’t have a job.” Photo: Madelene Cronjé

Improving protection of children Governments’ plans of action in the SADC region in the spotlight Victoria John

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here are about three million immigrants in Southern Africa and more than half of them come from within the sub-region, according to the United Nations Department of Economic and Social Affairs. Many of these are children who cross borders unaccompanied by parents or caregivers looking for better economic opportunities, their journeys are fraught with danger and their lives, once they reach their destinations, are often perilous. But while it is unclear how many children constitute these migrant statistics, it is well known that their numbers are rising, and governments’ plans of action in the region are now in the spotlight. For the first time, in July 2015, the Migration Dialogue for Southern Africa’s (MIDSA) ministerial conference for Home Affairs Ministers in the Southern African Development Community (SADC) focused specifically on child migrants and the harrowing treatment they face at the hands of state agencies in the countries they flee to. Established in 2000, MIDSA’s overall objective is to facilitate dialogue among SADC countries and contribute to improved regional migration management. “This is the first time that the issue of children has been the particular focus of Midsa discussions,” said Yitna Getachew from the International Organisation for Migration’s (IOM) Southern Africa

Regional Office. The IOM is the secretariat for Midsa conferences. The conference, titled Addressing Mixed and Irregular Migration in the SADC Region: Protection of the Unaccompanied Migrant Child, placed particular attention on the need to improve protection for unaccompanied migrant children, he said, which was identified as a priority area by senior officials meeting in December 2014. “Although children did feature in migration related dialogue in the region in the past, the current focus results from the increasing number of child migrants in the region over the past few years, including their presence in detention facilities for immigration offences,” he said. A 2013 report by the United Nations High Commission for Refugees (UNHCR) called Targeting Intervention for Unaccompanied Migrant Children in Strategic Areas of Limpopo Province: Mapping Child Protection and HIV-related Risk, surveyed 776 migrant children living in five Limpopo municipalities. “Only 5.2% of them were residing in formal shelters, whereas 14.3% were living on the streets and the rest of them living rough, in informal shelters or shacks,” the report stated. The interviews further revealed that the 80.5% of children living in

There are three million immigrants in Southern Africa and more than half of them come from within the subregion. Many of these are children who cross borders unaccompanied by parents or caregivers looking for better economic opportunities

formal shelters go to school; only 8.1% of those living in informal settings do. “Moreover, 18.6% of boys and 27.5% of girls said they had been physically hurt, and many talked about how they were suffering because of xenophobia. “Even though South African law prohibits the detention of children for immigration reasons, 12.6% indicated that they had been arrested by the police.” MIDSA is a platform for migration to be discussed in an informal setting, said Getachew, and its recommendations are “non-binding and implemented on a purely voluntary basis that permits the free exchange of ideas and avoids the rigidity of formal structures.” The setting for discussions might be informal, but MIDSA has served as a successful breeding ground for regional migration management policy development and in the past few years has conceived and facilitated the formal adoption of several important policies, including the SADC Labour Migration Action plan and the Declaration on TB in the Mining Sector in SADC. The recent ministerial conference was no exception. One of its outcomes was the endorsement of a draft regional action plan called The Southern Africa Strategic Plan of Action to Address Mixed and Irregular Migration. Its goal is to “assist member states to adopt and implement legislative, regulatory, structural as well as operational measures and enhance their co-operation in holistically addressing mixed and irregular migration in the SADC region”. It will be implemented over a period of four years, from 2015 to 2018, require an estimated budget of US$14 469 000 and will be guided by, among others, a human rights-based

approach and best interests of the child. The plan stipulates numerous targets for improved child protection. These include the need for countries to “review and modify national policies to ensure speedy best interest determinations after arrival, including family reunification; facilitate children’s access to documentation to make their migration and stay as safe as possible and review practices on safe return of unaccompanied, separated, and other vulnerable migrant children in the region and develop guidelines to provide for dignified return”. The first of the above requires at least five countries to institute best interest determination processes between 2016 and 2017. Determining the best interests of the child and protecting these interests is the “priority of member states” the plan says, and has made this one of its guiding principles. The best interest determination process is a set of procedures and assessments that inform important decisions around a child’s future. It aims to acknowledge that each child’s situation and trajectory is unique, while rejecting a one-sizefits-all approach. The second requires at least five countries to adopt guidelines on safe return between 2016 and 2018, and the last requires at least five countries to issue documentation to migrant children in need between 2015 and 2018. South Africa’s Home Affairs Department draws its vision for protecting the rights of child migrants from the strong legal framework the country has promulgated. The principal legislation dealing with this is the Children’s Act of 2005, which covers a broad spectrum

of responsibilities, the majority of which fall within the purview of the social development department. Home Affairs spokesperson Mayihlome Tshwete said section 4 (1) “requires all organs of state in all spheres of government to implement the Act in an integrated, co-ordinated and uniform manner, whilst sub-section two calls upon these organs and spheres to take reasonable measures, to the maximum extent of their available resources, to realise the objects of the Act”. South Africa is also a signatory to the United Nations Convention on Transnational Crime and Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. “The Prevention and Combating of Trafficking in Persons Act, 2013 (Act No 7 of 2013) was promulgated to give effect to the provisions of the above Convention and Protocol,” said Tshwete, “and it contains similar provisions that bind the relevant organs of state to a co-ordinated implementation approach.” As a first step in response to the commitments made at the July Midsa conference, the home affairs department has encouraged the current SADC chair to transmit the plan to the appropriate SADC structures, said Tshwete. The department also wants the chair to “align it with existing SADC initiatives, including initiatives by the ministerial committee of the organ, with a view to having the plan formally adopted at a regional level”. He said the department would continue to “collaborate with SADC member states individually and collectively under different regional and bilateral structures on areas such as common regional policy framework and national policy frameworks in managing migration”.

4 Advertising supplement to the Mail & Guardian August 28 to September 3 2015

Save the Children South Africa

Every child deserves a chance Save the Children South Africa improves children’s access to education, health and protection Victoria John

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n an inspiring display of what co-ordinated, ambitious action can achieve, rights organisation Save the Children managed to improve the lives of more than 166 million children globally in 2013, according to their latest statistics. Closer to home, it works with some of the most marginalised children in South Africa and in 2014, it brought more than 120 000 of them closer to the enjoyment of their rights. As long as the health and equal living and learning situations of millions of these children remain compromised, Save the Children South Africa (SCSA) will continue to work towards their improved access to education, health, protection and the empowerment of all children. “South Africa has emerged as a global actor and attained middleincome status, but the situation of its children is dire,” said Save the Children South Africa’s Chief Executive Officer, Gugulethu Ndebele. “Seventy percent live in the poorest households; less than 29% of children under five access early childhood development services, and 60% of child deaths are associated with malnutrition,” she said, listing these, among other, shocking statistics about the state of child rights in the country. Although South Africa spends a large proportion of its gross domestic product on education and has achieved near-universal school enrolment, she said: “Nearly half of the children who start school never make it to grade 12 and at the age of nine, 35% of pupils are illiterate and innumerate. “Eighty percent of children attempt to learn in poorly resourced, overcrowded classrooms in which teachers lack the required standards of knowledge and skills.” In addition, she said every year 50 000 children are victims of violent crime; last year 11 000 were murdered or seriously assaulted and 26 000 reported cases of sexual offences against them. There are also almost a million foreign-born migrants currently living in South Africa, according to the Save the Children Southern Africa Regional Office research document “Jozi Lights”, due for publication in September. According to the United Nations Department of Economic and Social Affairs, about 400 000 of these migrants are children. Many other children enter the country irregularly, which means they entered South Africa without legal permission to do so and do not enjoy the relative security associated with having the correct identity documents, among others. The dangers they face while travelling include crossing dangerous rivers; wild animal attacks; jail time; threats from violent border gangs; sexual violence, and starvation. Since 1998 SCSA has been rolling up its sleeves and tackling the viola-

tion of the rights of these migrant children and other vulnerable, disenfranchised children. It addresses five thematic areas in its programmes in partnership with government, civil society and academics. These areas are the holistic early childhood care and development programme; health and nutrition programme; education programme; protection programme and the children’s rights governance programme. Violence against children has played out not only in their homes but also in their schools, and SCSA has been at the forefront of the banning of corporal punishment in schools — a widespread problem that caused lasting trauma to thousands of children. “We are currently working on an evidenced-based best practice model with 15 schools in KwaZulu-Natal aimed at promoting positive discipline in schools,” said Ndebele. “This is a closely documented process of rolling out a seven-step programme for schools, to move away from using corporal punishment to focusing on learning in the classroom. In addition we continue to work with the Department of Basic Education to promote positive discipline.” Children’s safety is also compromised during spates of xenophobic violence and SCSA has led the way in terms of promoting best practice in child protection in emergencies. During the recent xenophobic violence, SCSA was “on of the lead organisations in setting up childfriendly safe spaces at the transition camps in Phoenix, Isipingo and Chatsworth”. When it comes to education, SCSA’s approach is clear. “The ultimate goal for our education portfolio is that all children have access to equal education opportunities,” according to the CEO. One of the ways the organisation is doing this is by strengthening early childhood development (ECD) centres. It has facilitated numerous ECD forums; trained practitioners, managers, cooks and gardeners at these centres, and administers two of these centres itself — one in Gauteng and the other in Mpumalanga. The organisation is also working hard to improve pupil literacy and teacher training, said Ndebele. In the Free State, “we are working closely with the education department to support their foundation phase reading strategy … Subject advisors have been trained in the literacy boost curriculum and have been supported to roll out foundation phase teacher training across the province”. With its partner Penreach in Mpumalanga, the organisation has also implemented an innovative approach in 57 school communities, as well as in neighbouring Free State to “provide training to teachers to improve classroom teaching; build capacity of leadership to support effective foundation phase literacy education; increase the availability and use of reading materials in the

Images from Save the Children South Africa’s projects. Photos supplied

community, and support reading delivery systems at district level”. In terms of improving child health, SCSA’s vision is in line with the country’s Sustainable Development Goals for 2016 to 2030, which state: “No child under the age of five dies from preventable disease, and all children in South Africa grow healthily and enjoy long-term good health”. One example of an SCSA project that aims to achieve this is the Umzinto: Giving Girls the Freedom To Live project. A key problem faced by menstruating teenagers is poor sanitation facilities both at home and at school, which entails limited access to clean water, and the use of pit latrines with no privacy. This menstrual health management project gives girls in KwaZulu-Natal training workshops, information sessions with caregivers, and reusable, environmentally friendly sanitary packs. The Adolescent Sexual and Reproductive Health Rights (ASRH) project in the Free State empowers adolescents to understand their sexual and reproductive health rights. Here, the ultimate goal is to reduce the number of teenage pregnancies and the number of new HIV infections “by providing adolescents with the necessary skills to demand and access appropriate ASRH services”, said Ndebele, and to “increase

school governing bodies’ and school communities’ understanding and ability to advocate for these services”. SCSA’s goal for all children is that they grow up in a safe environment. This applies particularly to children who have migrated internally and across borders. The organisation wants to ensure that unaccompanied, separated or undocumented migrant children in South Africa realise their rights. On a national level, SCSA supports government to protect migrant children by, among other actions, ensuring the realisation of strategic research to identify policy and implementation gaps; strengthening collaboration so that civil society speaks with one voice on the protection of migrant children; and that their stories are known by decisionmakers and the general public, said Ndebele. Provincially, SCSA’s work has focused on empowering stakeholders to always consider the best interests of the child.

In Limpopo SCSA has been working with social workers, immigration officials, shelter management and caregivers, communities and children “to facilitate access to school for migrant children and educational support; build capacity of duty bearers to conduct proper children’s assessment and identify suitable long-term solutions for children, and organise community conversations to discuss how the whole community can participate in increasing the protection of children, especially unaccompanied migrant children”. She said the most exciting prospect for SCSA in the last few months was its ability to increase the visibility of migrant children and build stronger partnerships with government, the United Nations and civil society. “Given our experience at global, national and local levels, Save the Children is well-placed to provide concrete recommendations and support the building of more effective child protection systems.”