Transcript GUIDELINES for the protection of the rights of children

GUIDELINES
for the protection of the rights of
children victims of trafficking in
South Eastern Europe
Training seminar for Moldavian and Romanian
Police and Custom Officers
Bucharest, October 2003
Palermo Protocol Definition
2000
Child trafficking:
• Action: Recruitment, transportation, transfer, harboring
or receipt of a child either within or outside the country
• Means: Force, coercion, abduction, deception, abuse
of power or action taken while one is in a state of
vulnerability
• Purpose: Exploitation
• Consent: Irrelevant, even if none of the means used
• Any person victim of trafficking, under 18
Trafficking of Women and
Children in SEE
• Exact number f victims is unknown - estimates (Police,
NGOs, IOM);
• About 90% of foreign women working in comercial sex
work in the Balkan countries are trafficked (according to
Palermo definition);
• 10-15% of them are children under 18;
• Child victims generally fall into 2 categories:
– Adolescent girls for sexual exploitation;
– Children under 13 years fo age for forced labor, begging.
Source: UNICEF/OHCHR/OSCE-ODHIR Project
Trafficking of Women and
Children in SEE
Routes:
• Albania to Greece and Italy;
• Moldova and Romania to the Russian Federation, other
Former Soviet Republics, Poland, Czech Republic and
the EU;
• Moldova and Romania to the Balkans;
• Moldova and Romania to Turkey, Greece, Cyprus,
Lebanon, Israel, Arab Emirates.
Source: UNICEF/OHCHR/OSCE-ODHIR Project
Sociologiocal profil of children
victims of trafficking
Based on 42 assisted cases in Moldova:
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90% are from vulnerable families with a very low income;
3 of them have children;
16 were abused physically and morally during childhood;
7 have an alcoholic father;
6 were victims of incest;
7 were raped in early childhood;
only 23 were raised in families with both parents present;
2 are without supervision because their parents left abroad;
8 are orphans and grew up in institutions;
4 are mentally disabled and studied in residential institutions.
Source: UNICEF / IOM Counter Trafficking Unit, Moldova
UNICEF Goal
To ensure that each
child is offered
the chance to fulfill
his/her full potential
of development
within a family
or family-like
environment
GUIDELINES
for the protection of the rights of
children victims of trafficking in SEE
• Developed on the basis of existing international and
regional human rights instruments;
• Establish the policies and practices required to
implement and protect the rights of children victims of
trafficking;
• Aim to provide guidance to Governments, Inter Agency
Groups and NGOs in developing procedures for the
special protection of children victims of trafficking.
GUIDELINES
for the protection of the rights of
children victims of trafficking in SEE
• Developed by UNICEF following a specific request from
the Task Force on Trafficking in Human Beings of the
Stability Pact for SEE (SPTTF);
• Adopted by the Trafficking Task Force in March of this
year during its 5th meeting in Slovenia;
• To be endorsed by the Ministerial Council of the SP for
SEE in December in Bulgaria;
GUIDELINES’ CONTENT
• General Principles
• Identification
• Appointment of a Guardian
• Questioning interviews and Initial Action
• Referral and Coordination
• Interim Care and Protection
• Regularization of Status
• Individual Case Assessment and identification of a
Durable Solution
• Implementation of a Durable Solution
• Access to Justice
• Victim/Witness Protection
• Training
GENERAL PRINCIPLES
• Child Rights:
• Best Interest:
• Non-Discrimination:
non• Views of the Child:
• Information:
• Confidentiality:
• Protection:
CRC/double protection as for
children and victims
primary consideration for public
and private actors
same protection for nationals /
nationals
expression of view in decision,
in accordance with age
accessible information in own
language
privacy and identity
to protect & assist expeditiously
LEGAL BASIS
Convention on the Rights of the Child (CRC) (1989)
Optional Protocol to the CRC on the sale of children, child prostitution
and child pornography (2000)
Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) (1979)
The Hague Convention 28 on the Civil Aspects of International Child
Abduction (1980)
UN Convention Against Trans-national Organised Crime (The Palermo
Convention) (2000)
Annex II – Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, supplementing the United
National Convention Against Trans-national Organised Crime (The
Palermo Trafficking Protocol) (2000)
ILO Convention Concerning the Prohibition and Immediate Action for
the elimination of the Worst Forms of Child Labour No.C182 (1999)
Identification
Pro-active identification measures:
• establish effective procedures for rapid identification;
• coordination for information sharing;
• were is knowledge or suspicion, social, health, education
workers, NGOs contact law enforcement.
Presumption of age:
• when uncertain of age and pending verification, victim to
be treated as a child
Appointment of a guardian
• When:
• Who:
As soon as child is identified
Social services
Specialized training and professional support
• Responsibilities:
Ensure best interest of the child (access to
services)
Accompany and information through
assistance process
Link between child and agencies providing
services to child
Questioning and initial action
Registration:
Law enforcement authorities;
Through initial questions / case file;
Initial questioning: Child sensitive manner;
Only biographical data, social history;
No experience whilst trafficked;
Not in location of exploitation;
Initial action:
Immediate transfer to shelter;
Contact guardian services;
Interviews:
In presence of guardian;
Age assessment
Referral and coordination
Referral to appropriate services:
• Appropriate services
• Establishment of an efficient referral mechanism in
coordination with law enforcement, social services,
NGOs, International Agencies;
Inter-agency cooperation:
• Liaison officers / Ministries of Interior;
• Facilitate information / documentation
• Contacts with Foreign Affairs Ministries, Embassies
Interim care and protection
Care and Protection:
• Access to services: security, food, safe shelter, health,
psychosocial, legal, social services,education;
Responsibility:
• Guardians: conduct needs assessment;
• Social services: in cooperation with NGOs and Ias;
Accommodation in safe location:
• Never in detention facility;
• Social services: develop standards of care;
Regularization of status
Temporary Humanitarian Visa
• Ministries of Interior and relevant state authorities shall
establish policies and procedures to legalize status;
• Granted automatically;
• Children entitled to stay in the country on a valid legal
basis while pending identification of durable solution;
Provision of temporary documents
Guardian to initiate procedures
Individual case assessment and
long term solution
Family tracing and assessment:
• Whether family reunification / return to country of origin
is in best interest of the child
Responsibility:
• Guardians
• Social services
• Ministries of Interior
• Foreign Affairs Ministries
Implementation of a durable
solution
Local Integration:
• Nationals and non-nationals entitled to access of basic
social services;
• Arrangements should favor family- and communitybased arrangements;
Return to Country of Origin:
• Non-nationals are entitled to return;
• Best interest of the child should be leading principle;
Reception and Integration in Country of Origin / Third
Country
Access to Justice
Criminal proceedings:
• Child has the right to:
– “recovery time”;
– not conditional on the child’s willingness to act as
witness;
– Inform about security and process;
– Legal representation, translation;
– No direct contact with suspects;
– Video-taping testimonies
Civil proceedings
Victim / Witness Security and
Protection
Security and Protection:
• Protection measures for child and family safety in
destination, transit and origin countries;
• Including international cooperation;
• Allow resettlement in a third country when security
cannot be ensured in destination or origin countries;
Training
• All agencies;
• Establishment of special recruitment practices and
training programs;
• understand the rights and needs;
Priorities for Concrete Action
• Ensure that all measures taken are child rights based;
• Develop and adopt practices and procedures in
accordance with the Guidelines developed by UNICEF;
• Take necessary measures to establish effective
procedures for rapid identification of child victims;
• Government authorities, NGOs and other organization
should adopt special codes of conduct;
Priorities for Concrete Action
• Provide appropriate child-friendly accommodation for
trafficked children;
• Develop and implement return and reintegration policies
and practices with respect the best interest of the child;
• establish cross-border cooperation to systematically
collect data on child trafficking;
Implementation: UNICEF’s Role
• Regional:
– ongoing reporting to Stability Pact Task Force on
Trafficking;
• National:
– Support adoption of Guideline;
– Support effective implementation of Guideline;
• Through:
– Assessment;
– Technical and financial assistance
– Capacity building
Other instruments & guidelines
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UN High Commissioner for Human Rights, Report to the Economic and Social Council,
Recommended Principles and Guidelines on Human Rights and Human Trafficking, 20 May 2002
(E/2002/68/Add.1)http://193.194.138.190/Huridocda/Huridoca.nsf/TestFrame/caf3deb2b05d4f35c1
256bf30051a003?Opendocument
Global Alliance Against Traffic in Women, Foundation Against Trafficking in Women, International
Human Rights Law Group, Human Rights Standards for the Treatment of Trafficked Persons,
January 1999.www.hrlawgroup.org/resources/content/IHRLGTraffickin_tsStandards.pdf
UNHCR/Save the Children Alliance, Separated Children in Europe Programme, Statement of
Good Practice, Second Edition, October 2000. www.separated-children-europeprogramme.org/Global/framed.asp?source=English/GoodPractice/Booklet/StatementGoodPractic
e.pdf
ECOSOC Resolution 1997/30, Administration of Juvenile Justice (contains important guidelines
on child victims and
witnesses)http://193.194.138.190/Huridocda/Huridoca.nsf/TestFrame/48a9c549d74bf20f802566c5
00410104?Opendocument
The Council for European Union, Council Resolution of 26 June 1997 on unaccompanied minors
who are nationals of third countries (97/C 221/03)http://migration.unikonstanz.de/sourcedown/dokumente/asylrefuglaw/con-e-1997-06-26.PDF
UNHCR, Guidelines on Policies and Procedures in dealing with Unaccompanied Children Seeking
Asylum, February 1997. www.asylumsupport.info/publications/unhcr/1997.htm
International Bureau for Children’s Rights, Draft Guidelines for Child Victims and Witnesses of
Crime. http://www.ibcr.org/vicwit/Guidelines.htm
Thank you