Diapositiva 1

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REGIONAL NETWORK FOR CIVIL ORGANIZATIONS ON
MIGRATION
Special Joint Meeting of the Liaison Officer
Networks on Consular Protection and to Combat
Migrant Smuggling and Trafficking
San Salvador, El Salvador, November 27, 2006
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ACKNOWLEDGMENTS

• We recognize the importance of creating this
  space to comment on the Regional Guidelines
• This type of proposals reflects an advance in
  addressing the problems
• Montevideo 2006 Commitments.

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• Three approaches are emphasized
• Childrens Rights
• Gender Analysis and
• Generational Context
• Other elements should be considered
• Cultural elements and disability
• Medical and psychological evaluation of boys,
  girls, and adolescents
• Translation/interpretation mechanisms
• Designated representative/guardian
• Legal advisor with experience in topics related
  to children.

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GENERAL OBSERVATIONS
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• We recommend to reevaluate the scope of the
  document
• Replacing the terms Return and Repatriation with
  Protection and Rehabilitation of Boys, Girls, and
  Adolescents, as a more comprehensive concept
• We believe that the document consists of a
  general theoretical framework but does not
  specify any guidelines regarding the process.
• The lack of spaces for inclusion of civil society
  in most countries in the proposal design is a
  matter of concern
• We suggest to replace the term Appropriate
  Entity by Entity Responsible for the Protection
  of Children
• We are pleased about the inclusion of the concept
  Best Interest of the Child however, this
  concept is not further developed throughout the
  document.

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QUESTIONS
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• The Guidelines state that trafficking in persons
  is also a phenomenon of a national nature.
  However, it is not clear How are governments
  planning to apply the Guidelines to trafficking
  in persons at a national level?
• Return is defined as one of the mechanisms, but
  emphasis on this term leaves a void regarding
  Protection and Rehabilitation of Boys, Girls, and
  Adolescents
• Which institution will make the decision
  regarding the return of boys, girls, and
  adolescents? Can this decision be
  appealed/revised? Has referring to a conflict
  resolution mechanism been considered?

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• What are the possibilities of requesting
  asylum/refugee status for boys, girls, and
  adolescents victims of trafficking? Which
  procedure can they use to materialize the Non
  refoulement Principle after a decision has been
  made?
• Why is the process for nationals of countries
  outside the region not considered in the
  Guidelines?
• What are the identification mechanisms?
• A suggested framework WHO Ethical and Safety
  Recommendations for Interviewing Trafficked Women
• What are the criteria for establishing the
  persons age?

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• What does Credible Report mean? Who would carry
  the burden of evidence?
• We start from the fact that the victim does not
  carry this burden at any time.
• Regarding Immediate Report What are the
  mechanisms for it to be viable? (Dissemination,
  education, and lack of legislation)
• How will they identify if a family member is the
  trafficker or works with a trafficker? Or how
  will they identify the cases when he or she is
  involved in other crimes?

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• Regarding Statistical Records
• How will information be collected?
• What are the indicators which would be
  collected? By means of which instruments and
  definitions?
• How are they planning on sharing statistical
  records with civil society?
• What would be the regional information exchange
  mechanism?

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• On what is estimation of the terms for legal
  processes based? Expeditiousness should not be
  more important than the best interest of the
  child.
• What happens when the nationality of the boy,
  girl, or adolescent is not established or when
  he/she is stateless? Will this be sufficient to
  grant him/her permanent protection status?
• Regarding counterparts What method would be
  used to communicate with them? What will happen
  when there is no response? Will this be
  sufficient to grant permanent protection status?
• Regarding communication with family members How
  is information to be provided to the victims
  family members established? How? And By Whom?

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SUGGESTIONS AND RECOMMENDATIONS
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• 1. The opinion of the boy, girl, or adolescent
  should be of utmost importance
• 2. Any action or decision needs to be
• communicated orally and in written form
• 3. Among other things, we recommend to refer to
  the WHO Ethical and Safety Recommendations
• 4. What does the Process of Empathy mean? Is
  this understood as a substitute to protection or
  comprehensive assistance?

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5. Special attention should be paid to

• Protection and rehabilitation of the boy, girl,
  or adolescent
• Specialized multidisciplinary entities where
  psychological, social, legal, cultural, and
  disability aspects are considered, among others
• Develop civil society participation
• Assume temporary guardianship
• Guarantee legal representation
• Replace the concept basic assistance by
  comprehensive care.

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• 6. Regarding the term Information
  Confidentiality
• - The use of the term Administrative File is
  incorrect because information is not strictly of
  a confidential nature but rather includes
  medical, psychological, and other information
• 7. Multi-sectoral committees should develop
  educational programs oriented toward civil
  society, as well as training and
  awareness-raising programs for officials involved
  in the process.

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• 8. The possibility of repatriation during
  nighttime hours should not be considered in any
  document to protect victims of trafficking
• 9. How will lifting protective measures be
  established as a priority? Or other security
  measures established by other jurisdictions?

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THANK YOU!

• Website
• http//www.rrocm.org.