Transcript Slide 1

Building and Implementing AVRR
Frameworks
Vulnerable Groups
Bali Process Ad Hoc Group
Technical Workshop on Repatriation and Reintegration
23-24 November 2010
Presentation Overview
• Victims of Trafficking
• Women and Children
• Unaccompanied Minors
Factors
AVRR Vulnerable
Fueling Irregular
GroupsMigration
– Victims –of
Migrant’s
Trafficking
view
Traffickers control their victims through:
•
Direct physical violence and abuse
•
Threat of violence
•
Psychological manipulation and abuse
•
Threats to family and loved ones back home
Smuggling vs.Trafficking
Trafficking
– is a violation of human rights & coercion for
exploitation
...trafficking is a crime against an individual
Smuggling
– is an organized illegal border crossing
…smuggling is a crime against the State
AVRR Vulnerable Groups – Victims of
Trafficking
The Goal of putting in place a protective framework
is to implement a victim-centered “rights-based”
approach that removes victims from a process of
detainment, imprisonment, deportation or expulsion,
and moves them to an environment of protection and
assistance that ensures their safety and provides for
their recovery.
Building and Implementing AVRR Frameworks –
Victims of Trafficking
Protection for Victims of Trafficking
What is meant by “Protection”?
Creating the social, political and legal environment that
protects the rights of potential victims of trafficking.
– Keeping victims safe from threat, violence, abuse;
– Providing for basic needs – shelter, food, medical and
psychological care;
– Providing legal protection that upholds individual rights,
confidentiality and provides for judicial redress and
witness protection
Building and Implementing AVRR Frameworks –
Victims of Trafficking
Victim Identification/Determination
• Screening for potential victims
• Removing potential victims from confinement,
detention, etc.
• Treatment as victims of a crime, not criminals
• Child friendly/Gender sensitive procedures
Provision of protective services at specialized shelter, safe
house, or similar safe environment
• Safety, security and protection for victims of
trafficking in a non-threatening, enabling
environment
• Immediate, food, accommodation & medical needs
Building and Implementing AVRR Frameworks –
Victims of Trafficking
Individualized case management for victims of trafficking
• information gathering: the individual’s
physical/emotional/mental state;
• information on circumstances of exploitation, both for
making a victim of trafficking determination & for
gathering information related to investigation of the case;
• personal information – age, nationality, civil status, family
situation, documentation, etc.;
• special circumstances - physical, emotional or otherwise,
that may hinder repatriation.
Building and Implementing AVRR Frameworks –
Victims of Trafficking
Family Tracing/Assessment
• locating of family and determination on best course
of action for return to that family and home
community in light of trafficking victim’s experience
• Determining best interest option for safe
return/reintegration
Issuance of necessary travel documentation
• verification of trafficking victim’s nationality by
government authorities and issuance of necessary
travel document/clearance
Building and Implementing AVRR Frameworks –
Victims of Trafficking
Objective: To facilitate the successful social integration of
the victim into her/his family (where appropriate) and
society
Considerations:
– Family tracing and risk assessment
– Psychosocial assistance
– Social welfare assistance
– Vocational training
– Peer-to-peer support
– Non-formal education
– Legal assistance
IOM & UNHCR Cooperation Framework
Developed Standard Operating Procedures to Facilitate the
Protection of Trafficked Persons
- Protection and Assistance Needs of Individuals
- Relevant International Standards
- Agency Mandates and Roles
- Cooperation with local authorities and other relevant
organizations
- Principles of Cooperation
Victim Protection and AVRR
Sphere of Protection:
Victim Safety and Security
Victim
Identification
Shelter &
Recovery
(Re) Integration
& Recovery
Voluntary
Return
AVRR Vulnerable Groups – Unaccompanied
Minors
Unaccompanied minors - persons under 18 y.o. who arrive in a
third country, or areas outside their habitual residence,
unaccompanied or separated from both parents and other
adults who are by law or custom their primary caretakers.
AVRR applies when an unaccompanied minor, regardless of
his or her status, expresses a wish to, or agrees freely with the
recommendation of a guardian, to be assisted in returning
home.
The principle of the “best interests” of the child should always
be the primary consideration during the whole AVRR process
AVRR Unaccompanied Minors – Guiding
Principles
• Family reunification in general should be primarily considered,
as long as it is in the best interest of the child.
• Confirmation from the legal guardian, and the other partners
involved, that it is in the best interests of the child to return, and
that it is safe for them to go home.
• IOM cannot be responsible for family assessment, but supports
the process through collection of relevant information as
requested by legal guardians & other responsible entities that
assess the minor’s family in order to make an eventual decision
on return.
• If family reunification in the country of return is not considered
in the best interests of the child, alternative care & safeguard
options must be sought (for example, extended family members,
a children’s home).
Planning steps for AVRR of Unaccompanied
Minors
• Written consent obtained from the legal guardian.
• Written consent obtained from extended family or care
provider identified to take care of the minor upon his or her
return if family reunification deemed not possible or not in
the best interests of child.
• Relevant authorities in the host and return countries should
be informed of the return of the minor and their agreement
sought.
• Escort should be arranged for the entire return journey (for
example, a reference person, family members).
• Reception of the returning child at the port of entry and a
smooth handover to the family/care provider should be
arranged, as well as onward transportation, when required.
Important Considerations for Return of
Minors
• provision of/arrangements for reception and
reintegration services in the country of return, in close
consultation with the guardian and other governmental
agencies and NGOs involved.
• identification of schooling/vocational training,
employment possibilities & language courses, if needed
• agreement with the guardian and relevant governmental
agencies and NGOs on reintegration follow-up and
monitoring (longer term follow-up recommended)
• coordination with partner agencies when arranging
health assistance, especially for any initial mental health
care and/or psychosocial interventions (rehabilitation,
and so forth) in the country of return.
Important Considerations for Return of
Minors
Reintegration assistance in general should help to
minimize the risk of discriminating against the local
population and maximize the sustainability of returns
through institutional/community support approaches.
This is particularly important when children return to an
area where there are other populations of minors who
are equally vulnerable (including internally displaced
persons, street children).
Important Considerations for Return of
Vulnerable Groups
Removal from detention
• Specialized protection frameworks
•
–
–
–
Child friendly/appropriate processes
Gender sensitive/appropriate processes
Specialized accommodation facilities
Community based programmes outside of
institutional detention frameworks
• Closely coordinated return, reception and
reintegration frameworks
•
Thank You
International Organization for Migration
17 Route des Morillons
CH-1211 Geneva 19 - Switzerland
www.iom.int