Bali Process Ad Hoc Group Technical Workshop on Repatriation and Reintegration

1. Building and Implementing AVRR Frameworks Vulnerable Groups Bali Process Ad Hoc Group Technical Workshop on Repatriation and Reintegration 23-24 November 2010

2. Victims of Trafficking Women and Children Unaccompanied Minors Presentation Overview

3. AVRR Vulnerable Groups – Victims of Trafficking Factors Fueling Irregular Migration –Migrant’s 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

4. Trafficking is a violation of human rights & coercion for exploitation ...trafficking is a crime against an individual Smuggling is an organized illegal border crossing …smugglingis a crime against the State Smuggling vs.Trafficking

5. 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.

6. 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

7. 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

8. 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

9. 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

10. 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 Building and Implementing AVRR Frameworks – Victims of Trafficking

11. 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 IOM & UNHCR Cooperation Framework

12. Victim Protection and AVRR Sphere of Protection: Victim Safety and Security Shelter & Recovery Victim Identification Voluntary Return (Re) Integration & Recovery

13. 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 Vulnerable Groups – Unaccompanied Minors

14. 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).

15. 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.

16. 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.

17. 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 Minors

18. 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 Important Considerations for Return of Vulnerable Groups

19. Thank You International Organization for Migration 17 Route des Morillons CH-1211 Geneva 19 - Switzerland www.iom.int