OIM - Regional Child Protection Operational Note de 2025

Regional Child Protection Operational Note Funded by the European UnionItaly, lead of the RDPP NA Consortium Visit this website to access the digitalized version of the note www.childprotectionnote.orgThe opinions expressed in this publication are those of the authors and do not necessarily reflect the views of the International Organization for Migration (IOM) or the United Nations Children’s Fund (UNICEF). The designations employed and the presentation of material throughout the report do not imply expression of any opinion whatsoever on the part of IOM or UNICEF concerning the legal status of any country, territory, city or area, or of its authorities, or concerning its frontiers or boundaries. IOM is committed to the principle that humane and orderly migration benefits migrants and society. As an intergovernmental organization, IOM acts with its partners in the international community to: assist in meeting the operational challenges of migration; advance understanding of migration issues; encourage social and economic development through migration; and uphold the human dignity and well‑being of migrants. The IOM Strategic Plan 2024–2028 emphasizes placing migrants including children on the move and their protection at the centre of our operations and decision‑making. The United Nations Children’s Fund (UNICEF) works in the world’s toughest places to reach the most disadvantaged children and adolescents – and to protect the rights of every child, everywhere. Across more than 190 countries and territories, we do whatever it takes to help children survive, thrive and fulfil their potential, from early childhood through adolescence. Before, during and after humanitarian emergencies, UNICEF is on the ground, bringing lifesaving help and hope to children and families. Non‑political and impartial, we are never neutral when it comes to defending children’s rights and safeguarding their lives and futures. And we never give up. _____________________________ The Publication was made possible through the Regional Development and Protection Programme in North Africa and Key Routes with the generous support of The European Union, through The Directorate‑General for Migration and Home Affairs (DG HOME), and the Italian Ministry of Interior – Department for Civil Liberties and Immigration.

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Key Routes with the generous support of The European Union, through The Directorate‑General for Migration and Home Affairs (DG HOME), and the Italian Ministry of Interior – Department for Civil Liberties and Immigration.

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Required citation: International Organization for Migration (IOM) and United Nations Children’s Fund (UNICEF) (2025).

Regional Child Protection Operational Note. IOM, Geneva; UNICEF, New York. _____________________________

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PUB2025/001/LRegional Child Protection Operational Note IOM and UNICEF Regional offices Regional office for Middle East and North Africa Regional office for West and Central Africa Funded by the European UnionItaly, lead of the RDPP NA ConsortiumAKNOWLEDGMENT The Regional Child Protection Operational Note was drafted by consultant Vanessa Tullo, with the editorial team Rawaa Ahmed (IOM), Eva Pons (IOM), Laila Ziad (IOM), Clara Lopez (IOM),

Funded by the European UnionItaly, lead of the RDPP NA ConsortiumAKNOWLEDGMENT The Regional Child Protection Operational Note was drafted by consultant Vanessa Tullo, with the editorial team Rawaa Ahmed (IOM), Eva Pons (IOM), Laila Ziad (IOM), Clara Lopez (IOM), Giamaica Scoppa (IOM), Ruslana Sirman (UNICEF), Rosal Fisher (UNICEF), Adele Uwimana (UNICEF), Khaled Khaled (UNICEF). The team deeply extends their gratitude to all the IOM and UNICEF Headquarters, UNICEF Global Migration and Displacement Hub, Regional and Country Offices in North, West and Central Africa who contributed substantially to the Operational Note. Without their efforts and continued support this would not have been possible. Thanks also to colleagues who contributed to the layout and production, including Carmelo T orres (IOM) and the Publications Unit (IOM), Salim Oweis (UNICEF) and Nesma Al Nsour (UNICEF). Participants attending the Child Protection Forum in Nouakchott, Mauritania visit an alternative care facility supported by IOM and UNICEF as a form of exchange of good practices. © IOM 2024iii IOM RDPP REGIONAL CHILD PROTECTION OPERATIONAL NOTE CONTENTS GLOSSARY ...........................................................................................................................................................................v INTRODUCTION ........................................................................................................................................................xiii THEMATIC FOCUS ........................................................................................................................................................1 Best interests principle for children on the move ...................................................................................1 The right to identity and identification of children on the move ......................................................5 Child trafficking ......................................................................................................................................................7 Cross‑border coordination ..............................................................................................................................10 Sustainable solutions for children on the move ......................................................................................12 Alternative care for children on the move ................................................................................................15 ESSENTIAL GUIDELINES FOR SOPS ON CHILD PROTECTION CASE MANAGEMENT AND CROSS-BORDER COORDINATION FOR CHILDREN ON THE MOVE IN NORTH AFRICA ......................................................................19 Introduction ............................................................................................................................................................19 International and regional legal frameworks .............................................................................................19 Guiding principles .................................................................................................................................................20 Actors and responsibilities ................................................................................................................................21 Case management ................................................................................................................................................23

CASE MANAGEMENT AND CROSS-BORDER COORDINATION FOR CHILDREN ON THE MOVE IN NORTH AFRICA ......................................................................19 Introduction ............................................................................................................................................................19 International and regional legal frameworks .............................................................................................19 Guiding principles .................................................................................................................................................20 Actors and responsibilities ................................................................................................................................21 Case management ................................................................................................................................................23 Children on the move case management resource handout.............................................................59 Recommendations ................................................................................................................................................60

OPERATIONAL COUNTRY PROFILES ..........................................................................................................69

Regional overview .................................................................................................................................................69 Country profile – Algeria ..................................................................................................................................71 Country profile – Egypt .....................................................................................................................................73 Country profile – Libya ......................................................................................................................................75 Country profile – Mauritania ...........................................................................................................................77 Country profile – Morocco ..............................................................................................................................79 Country profile – the Niger .............................................................................................................................84 Country profile – Tunisia ...................................................................................................................................87 BIBLIOGRAPHY .............................................................................................................................................................89© UNICEF 2024/Said MRIGUAv

IOM RDPP REGIONAL CHILD PROTECTION OPERATIONAL NOTE

GLOSSARY CHILDREN ON THE MOVE Asylum-seeker: A general term for any person who is seeking international protection. In some countries, it is used as a legal term referring to a person who has applied for refugee status or a complementary international protection status and has not yet received a final decision on their claim. It can also refer to a person who has not yet submitted an application but may intend to do so, or may be in need of international protection.[…]1

Child trafficking: The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means [….].2

Child: A child means every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier.3

Children left behind: Children raised in their home countries or in their countries of habitual residence, who have been left behind by adult migrants responsible for them.4

Children on the move: Child migrants; children in need of international protection, such as refugees and asylum‑seekers; internally displaced children; children indirectly affected by migration and displacement, such as children who stay behind while parents or caregivers migrate; stateless children

residence, who have been left behind by adult migrants responsible for them.4

Children on the move: Child migrants; children in need of international protection, such as refugees and asylum‑seekers; internally displaced children; children indirectly affected by migration and displacement, such as children who stay behind while parents or caregivers migrate; stateless children

[in the context of migration and displacement] and child victims of cross‑border trafficking.5 Children who are currently on the move: 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 may open up opportunities, but might also place them at risk (or at an increased risk) of economic or sexual exploitation, abuse, neglect and violence. This definition includes also internal migration, human trafficking and forced displacement.6 Children who might potentially move: [children] living in environments with high migration prevalence and/or that could lead to migration because of child protection issues and/ or economic, social, cultural, political reasons, etc.7 1 UNHCR, n.d. 2 United Nations General Assembly, 2000, art. 3. 3 United Nations General Assembly, 1989, art. 1. 4 UNICEF, n.d., pg. 1. 5 International Data Alliance for Children on the Move, Eurostat, IOM, OECD, UNHCR and UNICEF 2023, pg. 7 6 IOM and UNICEF, 2022, pg. 2. 7 Ibid.vi GLOSSARY Children temporarily or permanently out of a migration process: [children] integrated in destination/transit countries, refugees in host countries, reintegrated in a third country or returned to the country of origin.8 Human Trafficking/ Trafficking in Persons: Shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another

harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation […].9 Internally displaced person (IDP): A person who has been forced or obliged to flee from their home or place of habitual residence, in particular as a result of or in order to avoid the effects of armed conflicts, situations of generalized violence, violations of human rights or natural or human‑made disasters, and who has not crossed an internationally recognized State border.10

Irregular migration: Movement of persons that takes place outside the laws, regulations, or international agreements governing the entry into or exit from the State of origin, transit or destination.11

Minor: The term is often used in national legislations, but its meaning varies greatly among States and can sometimes have a negative connotation. The term of “child/children” is thus to be favoured when referring to persons under the age of 18, as most notably done in the Convention on the Rights of the Child.[…]12

Mixed migration/ Mixed movement: The cross‑border movement of people, generally in an irregular manner, involving individuals and groups who travel alongside each other, using similar routes and means of transport or facilitators, but for different reasons. People travelling as part of mixed movements have different needs and profiles and may include asylum‑seekers, refugees, victims of trafficking, unaccompanied or separated children, stateless persons, and migrants (including migrants in irregular situations or migrants in vulnerable situations).[…]13

Non-refoulement: A core principle of international human rights and refugee law that prohibits States from returning individuals in any manner whatsoever (whether directly or indirectly) to territories where they may be at risk of persecution, torture, or other forms of serious or irreparable harm.[…]14

Refugee: […] Persons outside their countries of origin who are in need of international protection because of feared persecution, or a serious threat to their life, physical integrity or freedom in their

where they may be at risk of persecution, torture, or other forms of serious or irreparable harm.[…]14

Refugee: […] Persons outside their countries of origin who are in need of international protection because of feared persecution, or a serious threat to their life, physical integrity or freedom in their country of origin as a result of persecution, armed conflict, violence or serious public disorder.[…] Sometimes—notably in statistical contexts—the word refugee is used to designate individuals or groups who have been formally recognized by States or UNHCR as entitled to refugee status following an asylum or other status‑determination procedure.[…]15 8 Ibid. 9 United Nations General Assembly, 2000, art. 3. 10 UNHCR, n.d. (accessed 2024). 11 IOM, 2019, pg. 116. 12 IOM, 2019, pg. 140. 13 UNHCR, n.d. (accessed 2024).

14 Ibid. 15 Ibid.vii IOM RDPP REGIONAL CHILD PROTECTION OPERATIONAL NOTE Regular migrant/migrant in a regular situation: A person who moves or has moved across an international border and is authorized to enter or to stay in a State pursuant to the law of that State and to international agreements to which that State is a party.16

Separated children: Children, as defined in Article 1 of the Convention on the Rights of the Child, who have been separated from both parents, or from their previous legal or customary primary caregiver, but not necessarily from other relatives. These may, therefore, include children accompanied by other adult family members.17

Smuggling of migrants: […] shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident. […]18

Unaccompanied migrant children: In the context of migration, children separated from both parents or other caregivers are generally referred to as unaccompanied migrant children (UMC). 19 In the literature, the expression ” unaccompanied and separated children“ in the context of migration are also referred to by the acronym UASC.

Unaccompanied migrant children: In the context of migration, children separated from both parents or other caregivers are generally referred to as unaccompanied migrant children (UMC). 19 In the literature, the expression ” unaccompanied and separated children“ in the context of migration are also referred to by the acronym UASC.

Youth: […]The age range for youth of 15 to 24 years has been endorsed by the United Nations for statistical purposes, and is widely understood to encompass “adolescents” (aged 15–19 years) and “young adults” (aged 20–24 years).[…]20

Potential or presumed victim of trafficking: […] Persons may also be termed as “potential” or “presumed” victims of trafficking. Potential victims are people who have not yet been trafficked, but due to their vulnerability or other circumstances, are at risk of being trafficked. A presumed victim is a person whose circumstances indicate that they may have been trafficked, but no final determination has yet been made, perhaps pending further inquiries. In the interim they should be treated as a victim and immediately provided with protection and assistance.[…]21

Victim of trafficking: The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children does not define the term “victim of trafficking”. However, article 4 of the Council of Europe Convention on Action against Trafficking in Human Beings defines a victim of trafficking as any natural person who is subject to trafficking in human beings […].22 16 IOM, 2019, pg. 134. 17 IOM, 2019, pg. 195. 18 United Nations General Assembly, 2002, art. 3. 19 IOM, 2019, pg. 223. 20 DESA, 2011. 21 UNODC, n.d.a. (accessed 2024).

22 Ibid.viii GLOSSARY CHILD PROTECTION Best Interests Assessment: The BIA is a child protection assessment, that involves interviews with the child, the parent and/or legal/customary caregiver, and usually a home visit where possible. The BIA can be conducted in different forms according to the complexity of child’s situation.[…]23

GLOSSARY CHILD PROTECTION Best Interests Assessment: The BIA is a child protection assessment, that involves interviews with the child, the parent and/or legal/customary caregiver, and usually a home visit where possible. The BIA can be conducted in different forms according to the complexity of child’s situation.[…]23

Best interests of the child: In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration. States Parties undertake to ensure the child such protection and care as is necessary for his or her well‑being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures.[…]24

Best Interests Determination: A formal process, which has strict procedural safeguards designed to determine the child’s best interests when taking particularly important decisions affecting the child.

It should facilitate adequate child participation without discrimination, involve decision makers with relevant areas of expertise and balance all relevant factors in order to assess and determine the best option.[…]25

Best Interests Procedure: […]includes the key steps of child protection case management as well as the UNHCR Best Interests Determination (BID) process and is implemented for individual children at risk who are in need of targeted, structured, systematic, sustained and coordinated support. It ensures that decisions and actions aimed at addressing protection risks and needs for children are in their best interests.[…]26

Child protection case management: Child protection case management (also referred to hereafter as case management) is an approach to addressing the needs of an individual child who is at risk of harm or has been harmed. It is an essential part of child protection programming, which involves preventing and responding to abuse, neglect, exploitation and violence against children. […]27

Child protection system: Certain formal and informal structures, functions and capacities that have been assembled to prevent and respond to violence, abuse, neglect, and exploitation of children. A child protection system is generally agreed to be comprised of the following components: human

preventing and responding to abuse, neglect, exploitation and violence against children. […]27

Child protection system: Certain formal and informal structures, functions and capacities that have been assembled to prevent and respond to violence, abuse, neglect, and exploitation of children. A child protection system is generally agreed to be comprised of the following components: human resources, finance, laws and policies, governance, monitoring and data collection as well as protection and response services and care management. It also includes different actors – children, families, communities, those working at subnational or national level and those working internationally. Most important are the relationships and interactions between and among these components and these actors within the system. It is the outcomes of these interactions that comprise the system.28 23 IOM, UNHCR and UNICEF, 2022a, pg. 5. 24 United Nations General Assembly, 1989, art. 3. 25 UNHCR, n.d. (accessed 2024). 26 Ibid. 27 The Alliance for Child Protection in Humanitarian Action, 2024, pg. 11. 28 UNHCR, n.d. (accessed 2024).ix IOM RDPP REGIONAL CHILD PROTECTION OPERATIONAL NOTE Child protection in humanitarian action: The prevention of and response to abuse, neglect, exploitation and violence against children in humanitarian action.29

Kafala: […] the commitment by an individual or family (kafil) to voluntarily take responsibility for the daily care, education, safety, and protection of a child (makful) deprived of family care, in the same way a parent would do for their biological child. Kafalah has origins in Islamic law (sharia, hereafter), as an alternative care option for orphans and abandoned children.[…]30

VULNERABILITIES AND RESPONSES Abuse: A deliberate act with actual or potential negative effects upon a child’s safety, well‑being, dignity, and development. It is an act that takes place in the context of a relationship of responsibility, trust, or power.31

Gender: The socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for individuals based on the sex they were assigned at birth.32

dignity, and development. It is an act that takes place in the context of a relationship of responsibility, trust, or power.31

Gender: The socially constructed roles, behaviours, activities and attributes that a given society considers appropriate for individuals based on the sex they were assigned at birth.32

Gender-Based Violence (GBV): […] any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (i.e. gender) differences between males and females. It includes acts that inflict physical, sexual or mental harm or suffering, threats of such acts, coercion, and other deprivations of liberty. These acts can occur in public or in private.33

Intersectionality: a concept and theoretical framework that facilitate recognition of the complex ways in which social identities overlap and, in negative scenarios, can create compounding experiences of discrimination and concurrent forms of oppression based on two or more grounds […].34

Mental health and psychosocial support (MHPSS): […] any type of local or outside support that aims to protect or promote psychosocial well‑being and/or prevent or treat mental health conditions.35

Mental health: Mental health is a state of mental well‑being that enables people to cope with the stresses of life, realize their abilities, learn well and work well, and contribute to their community. It is an integral component of health and well‑being that underpins our individual and collective abilities to make decisions, build relationships and shape the world we live in. Mental health is a basic human right.

And it is crucial to personal, community and socio‑economic development.36 29 The Alliance for Child Protection in Humanitarian Action, 2019, pg. 302. 30 UNICEF, 2023a, pg. 4. 31 The Alliance for Child Protection in Humanitarian Action, 2019, pg. 299.

32 IOM, 2021, pg. 3. 33 Global Protection Cluster and IASC, n.d., pg. 4. 34 United Nations Network on Racial Discrimination and Protection of Minorities, n.d., pg. 11. 35 UNICEF, 2019a, pg. 5. 36 World Health Organization, n.d. (accessed 2024).x GLOSSARY Neglect: The intentional or unintentional failure of a caregiver – individual, community, or institution (including the State) with clear responsibility by custom or law for the well‑being of the child to (a) protect a child from actual or potential harm to the child’s safety, well‑being, dignity and development or (b) fulfil that child’s rights to survival, development, and well‑being, when they have the capacity, ability, and resources to do so.37

Persons with disability: […] those who have long‑term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society on an equal basis with others.38

Risk: […] For child protection, risk refers to the likelihood that violations of and threats to children’s rights will manifest and cause harm to children.39

Violence against children: All acts that involve the intentional use of power or verbal or physical force, threatened or actual, against a child or against a group of children that either results in or has a high likelihood of resulting in actual or potential harm to the child or children’s safety, well‑being, dignity, and development.40

Vulnerability: […] For child protection, vulnerability refers to individual, family, community and societal characteristics that reduce children’s ability to withstand adverse impact from violations of and threats to their rights.41

CHILD’S FUNDAMENTAL RIGHTS Best interests of the child: In all actions concerning children, […] the best interests of the child shall be a primary consideration. States Parties undertake to ensure the child such protection and care as is necessary for his or her well‑being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end,

shall be a primary consideration. States Parties undertake to ensure the child such protection and care as is necessary for his or her well‑being, taking into account the rights and duties of his or her parents, legal guardians, or other individuals legally responsible for him or her, and, to this end, shall take all appropriate legislative and administrative measures. 42

Non-discrimination: States Parties shall respect and ensure the rights set forth in the [present] Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child’s or his or her parent’s or legal guardian’s race, colour, sex, language, religion, political or other opinion, national,