Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories Alejandro Morlachetti Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories Published by UNICEF Office for the Eastern Caribbean Area First Floor, UN House Marine Gardens, Hastings Christ Church Barbados Tel: (246) 467 6000 Fax: (246) 426 3812 Email: [email protected] Website: www.unicef.org/easterncaribbean August 2017 This Study was commissioned by the UNICEF Office for the Eastern Caribbean Area. The contents do not necessarily reflect the policies or views of the organizations. Contents I. Introduction 4 II. Methodology and Structure 6 III. Nationality and Belongership in the UK Overseas Territories 8 I V. The Situation of Migrant Children in the Uk Overseas Territories 12 A. Anguilla 13 B. Montserrat 25 C. Turks and Caicos Islands 37 D. Virgin Islands 56 V. Conclusions 71 References 75 Annexes 79 1. Legislation by territory 79 2. Questionnaire 81 3. List of contact persons and meetings 83 1 Introduction 4 Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories The issue of migration has gained increasing importance Children affected by international migration are on the political agendas of both the source and in a situation of double vulnerability: because they destination countries in the Caribbean, and a particular are children and because they are either migrants concern is the impact on children. This study looks themselves – regardless of whether they are alone or at the situation in the four United Kingdom Overseas with their families or they were born to migrant parents Territories (UKOTs) in the region: Anguilla, Montserrat, in countries of destination –or were left behind in the Turks and Caicos Islands and Virgin Islands. country of origin. Migration represents an increasingly important Such children should have full access to all the same livelihood diversification strategy for many households rights as nationals in line with international human in the world’s poorest nations – for example, where rights principles. Unfortunately, recognition of their one member migrates in order to guarantee support fundamentals rights to basic services is complicated by a for the whole family (Committee of the Rights of the number of factors. This situation in the UKOTs is made Child 2012). Children migrate for diverse reasons and more complex by, for example, the considerable number in a variety of ways. The causes of their movement are of migrants from the Dominican Republic and Haiti not very different to those of adult migration: to seek entering irregularly and/or overstaying their visas and opportunities, whether economic or educational; to remaining undocumented in the territories. reunite with family members who had previously migrated; to move from their place of residence owing In this scenario it is extremely important to stimulate to gradual or sudden changes in the environment that debate in the territories about the current gaps and adversely affect their living conditions; and to flee from the need for the adoption of legislation, policies and the impact caused natural disasters, domestic abuse or programmes that can contribute to improving the extreme poverty. Although children usually travel with situation of migrant children in order to ensure proper, their parents, members of their extended family or other universal protection of the rights of children regardless adults, a growing and significant number are migrating of their migratory status. autonomously and unaccompanied. Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories 5 2 Methodology and Structure 6 Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories The main goal of this study is to analyse the situation The study has the following primary objectives: of children in the context of migration, including those children who are born in the territories and are Explore and enhance understanding of the scale, stateless because there are restrictions on their access to nature and characteristics of inward migration a nationality. and disparities between migrant and non-migrant children The research methodology consisted of extensive desk Review the legislative and policy framework to reviews of existing legislation, policies and regulations assess its compliance with international human of the territories. Additionally, the paper draws on rights standards secondary sources, such as reports on the situation of Identify the main gaps, bottlenecks and barriers migrant children and demographic and migration data. to realizing the rights of children in the context of migration To assist in the preparation of the study, interviews were Identify programmatic, policy and legislative conducted with a wide range of key informants from recommendations to ensure the realization of government agencies and with relevant professionals children’s rights, with a particular focus on the involved in programmes related, directly and indirectly, implementation of key international and regional to the rights of children and migrants and with migrants normative frameworks relevant to this area. themselves (see list in Annex 3). Questionnaires were sent to governments, associations and migrants1 The recommendations are based on accepted universal requesting detailed information about legislation, human rights standards on children’s rights in the regulations, statistics and practices. These documents context of migration, in particular international human served as the basis for the semi-structured interviews rights treaties and human rights mechanisms. with key stakeholders in each of the territories (see Annex 1 for the questionnaire). 1 No names are mentioned in this document and no list of those who were interviewed (migrants) is attached. Both measures aim to guarantee the confidentiality and anonymity of the opinions of migrants due to the sensitivity of the matter. Names included in the stories are fictional, but the facts and views are real. Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories 7 3 Nationality and Belongership in the UK Overseas Territories 8 Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories A. Nationality for children born in the UKOTs from migrant parents A British Overseas Territories citizen (BOTC) holds a particular category of citizenship conferred by the British Nationality Act (BNA) of 1981 modified by the British Overseas Territories Act 2002 (BOTA). The rules to become a BOTC are complex, and the options to obtain that status can be classified in three different categories: automatic acquisition, entitlements and discretional. Acquisition of nationality by children (BNA & BOTA) Becoming a Children born in the territory BOTC through Section 15 (1) (2) (5) automatic • Child born in a territory to a parent who is a BOTC or settled acquisition • Child found abandoned in a territory • Child adopted in a territory by a BOTC Children born outside the territory Section 16 • Acquisition by descent Entitled to apply Children born in the territory for registration Section 15 as a BOTC Entitled to be registered as a BOTC in those cases where the child • (3) is born to a parent who is settled in a territory • (4) has spent the first 10 years of their life in the territory and the number of days absent from the territory does not exceed 90 in any of those years Children born outside the territory Section 17 (2) (5) • Entitled to application for registration made within 12 months from the date of birth and/ or made while s/he is a minor for a child born to a parent who is a BOTC by descent, and the BOTC parent should have had three years residence in the overseas territory prior to the child’s birth (this last requirement does not apply in case the child is stateless) Discretional Section 17 (1) decisions by the • If while a person is under the age of 18 an application is made for his/her registration as a Governor BOTC the Governor may, if s/he thinks fit, cause him to be registered as such a citizen Study on Children in Situations of Migration and Statelessness in the Caribbean UK Overseas Territories 9 Road to become a BOTC for a child born in the territories Section 15 (3) (4) BNA A migrant can become a BOTC through the process records covering ages 5 to 10). Though not clear, it is of naturalization. The BNA requires adults to have very likely that a child who has been undocumented in resided in the overseas territory for five years,2 but all the islands is not able to benefit under Section 15 (4) of the territories have extended this requirement – from the BNA. eight years in Montserrat to 20 years in Virgin Islands. Basically a child without a parent who has become B. To belong or not to belong: That is the question settled and/or a BOTC has to wait for 10 years to submit an application to become a BOTC under Section 15 (4) There is a difference between BOTC and belonger status. of the BNA. Also s/he has to provide evidence of being The terms ‘belonger’ and ‘non-belonger’ are commonly in the island for the full first 10 years of his or her life used in all UKOTs to denote those who are ‘deemed to (immunization records covering ages 0 to 5 and school belong’ and ‘not deemed to belong’ to the respective territory. In general, to be born with belonger status a person must be born in a territory to a parent who holds 2 Schedule 1 of the BNA provides for a person’s naturalization as a BOTC under section 18(1) with the requirements ”…that he was in belonger status.