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Document #1412621
ACCORD – Austrian Centre for Country of Origin and Asylum Research and Documentation (Author)
Nach einer Recherche in unserer Länderdokumentation und im Internet können wir Ihnen zu oben genannter Fragestellung Materialien zur Verfügung stellen, die unter anderem folgende Informationen enthalten:
Das Bureau of Consular Affairs des US Department of State (USDOS) berichet auf seiner Webseite wie folgt zur Möglichkeit Adoption in Afghanistan:
“AFGHANISTAN: Islamic law does not recognize adoption (Art. 228 of civil Code of 1980)” (USDOS, o.D.1)
“The Afghan judicial system, and Afghan family law, are based on a strict interpretation of Islamic Shari’’a law. Thus, there is no adoption under Afghan law, only guardianship, which the Bureau of Citizenship and Immigration Services in the Department of Homeland Security and the Board of Immigration Appeals have deemed insufficient for the purposes of immigration under the Immigration and Nationality Act.” (USDOS, o.D.2)
In den ACCORD derzeit zur Verfügung stehenden Quellen konnten im Rahmen der zeitlich begrenzten Recherche keine weiteren Informationen zu Adoption in Afghanistan gefunden werden.
Das UK Home Office berichtet im April 2005 im Länderbericht zu Afghanistan wie folgt über Sorge um elternlose Kinder:
“Child Care Arrangements
6.272 On 28 July 2004, IRIN noted that a report by the Afghan Ministry of Labour and Social Affairs and UNICEF issued that month emphasised the need for more dramatic measures to be taken for children deprived of parental care. The source noted that there was a range of institutions, from orphanages to hostels and daycare centres which children of beleaguered families were encouraged to attend. They provided food, education or vocational training. [40ab]
6.273 The same report also noted that “Following decades of neglect of support structures, coupled with a general decline in social services as a result of Afghanistan’s isolation from the international community during the Taliban era, many communities have grown reliant upon orphanages to care for such children, depriving them of individual parental care and attention.“ IRIN noted that “The report also underlined how children who had lost one or both parents face discrimination in wider society, from other youngsters, relatives and people in the community.” According to the UNICEF officer, if family and community-based care alternatives were to be supported, awareness-raising measures would be needed to tackle discrimination against children who did not have the support of parents.” [40ab]
6.274 A UNICEF donor update dated 30 September 2004 noted that
“An assessment on the situation of children in institutions, jointly carried out by MoLSA and UNICEF in 2003, revealed that over 80% of the children in the institutions have a living parent and that placement of children in orphanages is being used as coping mechanism by vulnerable families. As a result, the government has made a commitment to adopt a non-institutional approach and support family-based alternatives for these children. UNICEF has been providing technical support to MoLSA, to develop a Plan of Action for the reform of social protection systems and services and enhance technical capacity of the Ministry.” [44b] (p4-5)
6.275 On 29 November 2004, the Institute of War and Peace Reported (IWPR) noted that
“Following the release of a report called “Children Deprived of Parental Care in Afghanistan—Whose Responsibility” this summer calling for a national plan of action for children, the Afghan government, UNICEF, and the British non-government group Children in Crisis launched a programme designed to reunite children now housed in orphanages with their parents… There are 35 public and private orphanages in Afghanistan, according to Mohammad Ihsan Asadi, head of the department of planning in the ministry of labour and social affairs. They care for over 8,300 children from 25 provinces, about 1,400 of them girls. Nine of those orphanages are run by non-government organisations, NGOs, and 26 are state-run.” [73s]
6.276 The UNHCR paper dated December 2004 advised that
“The few existing orphanages in Kabul and marastoons [see below] in other main cities, mostly run by the government and the Afghan Red Crescent Society, are no durable solution for unaccompanied and separated children. They have very strict criteria for temporary admission. Boys 15 or over are not admitted. Children and adolescents under 18 years of age who do not have families, close relatives or extended family support in Afghanistan are therefore at risk of becoming homeless and risk further exploitation. Where family tracing and reunification efforts have not been successful and special and coordinated arrangements can not be put in place to facilitate safe and orderly return, return for unaccompanied children to Afghanistan therefore exposes them to exploitation and risk.” [11d]
[Note: “Marastoon is a Pashtun term meaning, “help the poor people”. The ARCS Marastoon homes seek to assist the very poor, homeless and vulnerable to live a relatively normal life, and to benefit from skills training toward improving their chances of economic self reliance, and for reintegration into their original communities.” Source: IFRC [42b] (p7)]“ (UK Home Office, April 2005, Abs.6.272 - 6.276)
Laut einem Kurzbericht von Children and Residential Care sei ein Waise im afghanischen Kontext ein Kind, das den Vater verlor. Der Bericht beschreibt die aktuelle Lage von Heimen und von steigender Nachfrage nach ihnen, da dem Bericht zufolge zunehmend Kinder aus wirtschaftlichen Gründen in Waisenheime gegeben werden (Children and Residential Care, 2003).
Im Common Country Assessment for the Transitional Islamic State of Afghanistan der UN vom Oktober 2004 wird folgendes über elternlose Kinder berichtet:
“Children without parental care
Parents’ descent into poverty has resulted in rising numbers of children without parental care and in families placing such children in institutions, in the hope of a better life for them. Of the current 8,000 children in orphanages, about one-third are there because of poverty, and more than 80 percent have a living parent. Few children leaving an institution are well prepared for work, having few social or vocational skills. Overall, Afghanistan has the highest child population of orphans in Asia, at 12 percent, as well as the highest of any country in the world without a generalised HIV/AIDS epidemic.” (UN, Oktober 2004, S.45)
IRIN berichtet im Juli 2004 über einen Bericht von UNICEF und dem afghanischen Sozialministerium über elternlose Kinder (der angesprochene Bericht konnte von ACCORD nicht gefunden werden, weshalb UNICEF kontaktiert wurde - sollte der Bericht einlange, liefern wir ihn nach, Anm.):
“Many child experts believe that institutional care does not benefit the most vulnerable children and alternatives to institutions were not being addressed by the aid community. The report also illustrated how well-meaning efforts by some could lead to increased institutionalisation, not less.
Hashemi pointed out that there were already a range of such institutions, from orphanages to hostels and daycare centres which children of beleaguered families were encouraged to attend. They provided food, education or vocational training. [...]
The report also underlined how children who had lost one or both parents face discrimination in wider society, from other youngsters, relatives and people in the community. If family and community-based care alternatives were to be supported, awareness-raising measures would be needed to tackle discrimination against children who did not have the support of parents, he stressed.” (IRIN, 28. Juli 2004)
Ein ACCORD von UNICEF übermittelter Bericht vom August 2003 zum gleichen Thema enthält u.a. folgende Informationen:
“Cultural concerns - one of the issues which cannot be ignored if there is to be a family and family support policy developed in Afghanistan is a cultural factor referred to on a number of occasions- that single women with children, widows are not allowed to live on their own but must live with other members of the family. In the recent to current context, widows can hardly be the head of their household - that role is to be occupied by brothers and other male relatives. Also to be noted is the fact that children are classified as orphans when their fathers die - unlike other countries where the cultural and legal norms see only children who have lost both parents as true orphans.” (UNICEF, August 2003, S.12)
“It is universally recognised that children do best in families. If a child cannot safely be maintained in her or his family then an alternative family-type solution can be sought. This can take the form of placement of the child in a substitute family, provided by relatives, friends of the family known to the child, non-related foster care or by adoption. Both non-related foster care and adoption as forms of child protection seem problematic in Afghanistan but neither is theoretically impossible. Other forms of family-type care can be provided by spontaneous fostering, informal caretaking and by host families. There are some examples of small group homes and care of children by “Houseparents” in Afghanistan already .But caring for children in families requires a national policy to make this happen in a coherent way across the nation.” (UNICEF, August 2003, S.41)
“There is a need to formulate a strategy to meet the needs children have for family care for those “full orphans” who have no relatives to go to. Consideration might be given to enlisting the Mosque to assist to find alternative families, such a host families or foster families and to consider the best ways of finding families for children, by means of acceptable forms of adoption. At present, there is no monitoring of adoption arrangements. It is recommended that a review be undertaken on the incidence of unofficial adoption in Afghanistan.” (UNICEF, August 2003, S.43)
Diese Informationen beruhen auf einer zeitlich begrenzten Recherche in öffentlich zugänglichen Dokumenten, die ACCORD derzeit zur Verfügung stehen. Die Antwort stellt keine abschließende Meinung zur Glaubwürdigkeit eines bestimmten Asylansuchens dar.
Quellen:
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