【不分膚色界限的兒童權利】
//這議題並不是關於入境事宜，不是關於作為一個難民 (或尋求庇護者)。這是關於難民兒童及他們的基本人權和尊嚴。//
//根據政府文件，目前有超過850位未成年難民兒童在港。他們不是“特殊”情況。這是一個嚴重的問題，是需要透過制度的改革去糾正的。//
//過去十年，數個聯合國專家小組委員會，包括兒童權利委員會、反酷刑委員會及經濟、社會、文化權利委員會就本港難民兒童的待遇提出具體的批評。政府亦不能聲稱已提供足夠的措施去提供福利或保護。平機會，以及今天在場的非政府機構及社福機構，已清楚指出難民兒童的人權及兒童權利持續地被損害。這個不幸延展到歧視、教育、早期兒童發展、基本生活需要和醫療照顧。//
Azan Marwah's speech:
My name is Azan Marwah. I am practising barrister and publish all those specialising in Children’s rights. I would first like to thank the Subcommittee for holding this meeting to consider this subject. Hong Kong has been widely criticised for failing to fully protect refugee children and the Subcommittee is to be praised for taking step to raise the issue to the Administration. I would like to just take a moment to say that there was a time when Hong Kong children were being placed in detention camp by the Japanese here in Hong Kong or made into refugees. This issue is not about immigration. It’s not about being a refugee. It’s about children and about basic humanity and dignity. Secondly, I’d like to thank my fellow child welfare professionals here today giving evidences. I have read and heartily commend the valuable submissions to the Subcommittee. I’ve also read the paper submitted by the Administration and I’d like to make some preliminary remarks about it. There is no mention within the paper of the words, human rights or children’s rights or discrimination, within the substances of the paper. There is no mention of any investigation or attempt to ascertain the problems faced by the refugee children, whatsoever. The focus of the paper instead appears to be the immigration Unified Screening Mechanism (USM) for children. This is a mistake. It is obvious that from the paper that the Administration has not taken a right-based approach to the issues faced by refugee children. There is no attempt to address public criticisms made by international human right experts against the problems faced by the refugee children. Instead, they talked about basic needs being met by ISS’s contributions and by the discretion to provide extra benefits in special cases. This is regrettable, because, children are not special case. From the paper submitted, there are more than 850 of them. They’re not longer special cases. It’s a substantial problem that needs rules and branch reform. In this regard, I commend the Chief Executive for her promise to create a Children Commission but given the approach taken by the Administration and its paper, I suggest that this underscored the need for an independent commission. The Administration cannot claim that it has not deal with the problems because they were unaware of these criticisms. Over the last decade ago, several United Nation’s expert panels, including the Committee on Children’s Right, Committee against Torture and Committee on the Economic, Social and Cultural Rights have made specific criticisms relating to treatment of refugee children in Hong Kong. Neither can the Administration claimed that it has taken sufficient measures to provide for their welfare or protection. The Equal Opportunity Commission, as well as the NGOs and social welfare organisations presented today have reported clearly the on-going breaches of the human and children’s rights face by refugee children. These problems extend to discrimination, education, early childhood development, basic needs and medical care. Each of these deputations has made specific recommendations, many of which were required only administrative measures. In this regard, I’ll ask those Administration’s members present today to read the collective written submission, which was I think only lately submitted, where we detailed specific requests. I ask the Administration to address these specific problems and make commitment to implement the recommendations. I ask the Subcommittee and the LegCo to hold the Administration to account, and particular, to manifest the commitment to protect children’s rights.
Thank you for your time and attention.
#難民兒童 #尋求庇護者 #難民 #人權 #refugeechildren #asylumseekers #refugee #humanright
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