Unaccompanied minors: failure to assist a person in danger?

Unaccompanied minors failure to assist a person in danger

In Marseille, between 150 and 200 people declaring themselves minors sleep outside. The department must take care of them but says it is overwhelmed and ready to put itself “outlawed” by refusing them. In France, 16,700 foreign minors arrived in 2019 and 14,700 in 2022, after a drop during the covid years.

In the hall of a beautiful building on Boulevard Longchamp, in Marseille, a hubbub is coming up the stairs. At the bottom of the stairs, neon lights flicker and try to illuminate the two cramped rooms in the basement. Around fifty young people are waiting to reach one of the two volunteers. “ And yesterday it was worse! », shouts Monique Cherel from the other end of the cellar.

Twice a week, the Collectif 59 Saint-Just guides young people, takes stock of their situation, and distributes phone cards. Sometimes also, food stamps from Abbé Pierre. This is actually what many young people came to look for. “ I haven’t eaten since yesterday… » But Monique no longer has a ticket, everything was distributed the day before. “ I know, I was there. But there were too many, I didn’t have any.”

Their faces are sunken, sometimes to the extreme, their eyes red, their gaze empty. A young boy jumps up and down compulsively. “ You don’t need to talk, just look at their face: you see it’s not okay », whispers a boy. Unable to eat, they try to warm up. Between 150 and 200 people sleep on the streets or in squats in Marseille, depending on the collective.

A majority, recognized as minors on appeal

The young people follow one another in front of “Madame Catherine” who fills out cards: “ How old are you ? Where do you sleep ? » Alassane* is 16 years old, he sleeps in a tent. “ I’m going to request a lawyer for you. You have already assessed your minority with Addap 13 ? »

Addap 13 is the association mandated by the Bouches-du-Rhône department (13) to take care of unaccompanied minors (UMAs). But here as elsewhere, the departments are overwhelmed. However, in 2022, the number of unaccompanied minors is lower than in 2019, before the health crisis. From 16,700 to 14,700.

When a place becomes available, young people are housed in a hotel and then summoned to carry out an “assessment”, during which the Department verifies that they are minors. David Lemonnier, deputy director general of Addap 13 admits that most evaluations lead to “ the majority »: 7 out of 10 young people will be rejected in 2022.

Discouragement policy

These young people then wait for their minority request to be re-evaluated by the children’s judge. In appeals, 75% ultimately end up winning their case, according to the associations. A ” policy of discouragement », according to Jeanne, collective 113. They are not welcome: they are declared adults so that they leave the territory. » The seriousness of the evaluations is also contested. On that of Moussa*, it is written: “ The person concerned does not seem intimidated by the evaluator […]his language and posture are not those of a teenager but of an adult […]. He does not have the physical characteristics of a 15 year old. » On the last page of the file, the full photocopy of his birth certificate.

David Lemonnier refutes any subjectivity: “ We are regularly checked and the procedure is compliant. And Addap 13 has no instructions from the Department. » But for Marlène Youchenko, lawyer, the fact that the departments are judges and parties poses a problem of impartiality.

While awaiting their appeal, young people are no longer protected, unless the children’s judge issues a placement order, which happens less and less often, laments the lawyer. “ Legally, it’s a hole in the racket », admits David Lemonnier. “ They spend 6 months or a year outside, denounces Jeanne. Without volunteers, they would die and be prey to all types of trafficking. This is failure to assist a person in danger. »

Hospitality crisis

A standoff is already taking place between the departments and the State. Ain (01) has indicated that it will no longer welcome unaccompanied minors for three months. Martine Vassal, president of the Departmental Council (13) is ready to get started “ outlaw “. It wouldn’t be the first time: she has already been convicted several times by the administrative court. The issue of unaccompanied minors does not appear in the immigration law, which the Assembly of French Departments (ADF) deplores. Gérald Darmanin promised them financial aid.

The question of means is undeniable. But the collectives unanimously denounce a lack of political will, while Martine Vassal claims strong anti-immigration positions. In September, before the Pope’s arrival in Marseille, 40 young people occupied a church. To avoid scandal, the department relocated them within a few days. “ We hear about a “migrant crisis”, it is in reality a reception crisis », Estimates Jeanne.

In the middle of the battlefield, young people try not to die. “ I didn’t think it was going to be this hard », murmurs Joël*, sitting in the cellar on Boulevard Longchamp. After leaving his family, crossing the desert and the sea on a makeshift boat, he did not think he would sleep at the station. “ There, strangers give us 5 euros to eat. The next day they come back and offer to sell drugs. We refuse, but how are we going to eat? » At the other end of the cellar, like a tired record, Monique Cherel repeats over and over: “ We-don’t-have-any-tickets-today! “. But young people cannot hear it: “ We need help “, they implore, passing around a box of Nesquik they found who-knows-where, which they empty by hungry handfuls.

*assumed first names.

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