Filenews 27 April 2023
The debate on amending the current legislation to make the medical examination of age determination by the Asylum Service and/or the Social Welfare Services mandatory began on Thursday before the Parliament's Interior Committee, in case a person declares that he is a minor, but there are doubts about his age.
The draft law was submitted on behalf of the National Popular Front and provides that in case of refusal of immigrants - who declare themselves minors - to undergo medical examinations to determine their age, then they will be considered adults and will receive the appropriate hospitality.
During the debate in the competent Committee of the Parliament, one of the rapporteurs of the proposal, ELAM MP, Sotiris Ioannou, cited data held by his party according to which immigrant tests, in the previous period, proved that 60% to 70% were adults, while they declared themselves minors. According to the Permanent Secretary of the Ministry of Interior, Constantinos Constantinou, in 2022 22,000 foreigners arrived in Cyprus, of which 1,111 were unaccompanied children.
Mr. Constantinou told the members of the Interior Committee that "it is difficult for the state to respond, since every year we add resources to the system, but they are not enough."
As he noted, the Ministry of Interior is at the stage of drafting a new bill on the Refugee Law.
Does the Children's Commissioner disagree with the bill?
Meanwhile, the Commissioner for the Protection of Children's Rights, Despo Michaelidou, was also invited to the discussion, who disagreed with the bill, stressing that it is a human right to refuse an examination.
As Mrs. Michaelidou said, ELAM opposes ELAM's proposal, noting that the existing law is sufficient and does not need to be amended.
"I heard the protection of minors as an argument. But there is also the opposite. Send children with adults. The denial of the right to compulsory examination is a human right. I think there are other procedures. In our recommendations we have set ways safer for the identification of children," he said.
"The purpose of this bill is not understood," says M. Nicolaou
The chairwoman of the Committee on Internal Affairs, AKEL MP, Marina Nicolaou, said that "the purpose of this bill is not understood, since there is currently a legislative framework, there is an institutionalized procedure, which is harmonized with European law and European directives regarding the assessment of the age of an unaccompanied minor, including the conduct of medical examinations."
He did, however, speak of a "very serious matter" which "must be settled as soon as possible".
According to Nicolaou, "the discussion started today and at the next meeting of the Committee we will enter the article-by-article discussion, during which we will look much more specifically at the individual issues that arise."
Asked by a journalist after the session if they are concerned about the fact that minors may involve some who declare themselves minors but are not, Ms. Nicolaou replied: "It worries us as it worries us and vice versa."
Specifically, he said that "we are concerned about an adult being with children, especially considering the biography of these people, where they come from, what they have been through, etc., but we are even more concerned about a child being considered an adult and being with adults in reception areas."
"So it's a very serious issue. We don't take it lightly," he added.
He also said that the Interior Committee was informed by the Ministry of Interior that it is considering the implementation of a comprehensive bill, which will be submitted to the Interior Committee and will examine migration in its entirety.
He supports the proposal, says P. Leonidou
DIKO MP Panicos Leonidou expressed his party's support for ELAM's proposal, saying that in his view "the proposal is in the right direction, since it creates an obligation of further control by state bodies and contributes to strengthening the legislative framework which currently has gaps and weaknesses".
As he argued, "in the context of the discussion and voting of any legislation, we must, on the one hand, ensure the rights of refugees, especially minors, and, on the other hand, the protection of the national and public interest."
Similar arrangements are in place in 15 EU countries, says Ioannou
ELAM MP Sotiris Ioannou said in turn that "the mockery of supposedly unaccompanied minors must stop at some point", adding that "minors are really at risk against those who declare themselves minors in order to abuse the system".
He explained that ELAM's draft law provides that in case of refusal of immigrants – who declare themselves minors – to undergo medical examinations to determine their age, then they will be considered adults and will receive the appropriate hospitality.
He explained that this is applied in at least 15 countries of the European Union, noting that "the only ones left to defend those who mock the Republic of Cyprus and threaten the safety of real minors are various non-governmental organizations – illegal or not – that everyone knows their suspicious role."
"On the merits, however, they did not make any substantive argument against the correctness of our proposal," he said.
Replying to a question, Mr. Ioannou said that according to the Ministry of Health, the tests are done in a scientific way, fully harmonized with European directives and with complete safety, despite what the Commissioner for Child Protection said, who as he said "questioned the Ministry of Health".
'Irresponsible and untenable' bill, says Attalidou
For her part, the MP of the Green Movement – Citizens' Cooperation, Alexandra Attalidou, called ELAM's proposal "irresponsible and untenable", saying that it "contravenes the European Directive".
As he said, there is no place in the political system for those who cultivate fear of immigrants, while he criticized the Attorney General for not intervening against those who express racist speech.
