Irina Todorova May 2014

1. International Organization for MigrationIOM’s Role in Assistance and Protection of VoTs with special considerations for children Irina Todorova May 2014

2. 33 million international migrants under the age of 20; among these 11 million are between the age 15 to 19 and 9 million between 10 and 14 years of age. Very young children aged 5-9 and under 5 represent 7 and 6 million of the total migrant population under 20 years of age, respectively, (UNICEF 2013). Difficult to know how many are unaccompanied migrant children. 35% of the 25,000 victims of trafficking that have been assisted by IOM since 1997 have been children, with the majority of these unaccompanied migrant. With no documents, at risk of detention, exploitation and abuse, whilebeing at the centre of politiciseddebatesin many countries wheretheypassthrough. 1-Setting the scene: Globally

3. IOM‘s Intervention UMCs Unit: Projects listed by IOM offices answering the questionnaire. 3

4. Profile of UMCs (IOM)

5. 1-Setting the scene : Trafficking in human beings in Europe • 9528 identifiedvictims in EU MS (Eurostat 2010) • 62 % for the purpose of sexual exploitation, 25 % for forcedlabor, 14 % for otherforms of exploitation) • 68 % Women, 17 % Men, 12 % Girls, 3% Boys • Main Coutries of Origin : • EU MS = Romania and Bulgaria • Non EU = Nigeria and China • % of Roma among VoTs is extremely high – e.g. Bulgaria Roma pop. = less than 10%, but more than 50% of all identified victims are of Roma origin. • In 2012, IOM assisted 440 victims: 414 (94%) were adults and 26 (6%) were children. Most, but not all victims were assisted through IOM’s AVRR programmes. Top countries of origin are three EU Member States: Romania, Hungary and Bulgaria. • Comparatively, in 2013, IOM assisted 354 victims, 14 (approx. 4%) of which were childrenVoTs, top countries of origin were again Romania, Bulgaria and Hungary

6. 1-Setting the scene : Unaccompanied Migrant Children in Europe 12 225 Asylum application submitted by minors • Aproximately 10 000 Boys and 2000 Girls • Main countries of origin : Afghanistan (5 655), Somalia (645) and Guinea (525) • Major discrepancy : only UMC in Asylumsystems are recorded. But acc. to the CoE report there are around 100,000 UMCs in Europe • IOM assistance provided to UMC through the IOM AVRR programmes is designed to unite the child with his or her family, but can only be provided upon the condition that return has been decided to be in the best interest of the child and in coordination with the legal guardians in both the host country and the country of origin. • In 2012 IOM assisted 79 UMC (45 boys and 34 girls) Eurostat 2010

7. 2- Framework for IOM actions : THB • Convention on the Elimination on all Forms of Discrimination against Women (CEDAW) , 1979 – Article 6 • Convention on the Rights of the Child (CRC) , 1989 • Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (entered into force on 18 January 2002) • Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (2000)- supplementing the UN Convention Against Trans-national Organised Crime 2000 • The  Council of Europe Convention on Action against Trafficking in Human Beings (entered into force in February 2008) • EU Anti-Trafficking framework decisions/directives • EU Anti-Trafficking Strategy towards eradication of THB 2012 – 2016 • National/Domestic Law plus

8. 2 - Framework for IOM actions : UMCs Legal framework : • International Convention on the Rights of the Child (CRC). • art. 2  non-discrimination, • art. 3  best interests of the Child a primary consideration in all actions concerning Children • art. 8 right to identity and family relations, • art. 12  views of the Child • International refugee law & International humanitarian law • Regional human rights instruments & National standards • Within this framework, IOM’s constituent documents have, since the Organization’s inception, referred to the need for promoting the human rights of migrants. IOM’s de facto protection mandate was more explicitly recognized by Member States in 2007 in the context of the adoption of the IOM Strategy. • The principle of “best interests of the child” as laid down in the CRC, is of particular interest to IOM’s work.

9. To be treated with dignity and respect for and protection of human rights To receive services based on full and informed consent Self-determination and participation in identifying and setting service goals and plans; Individualized treatment and care Comprehensive continuum of care and holistic approach Best interests of the child Non-discrimination Confidentiality and right to privacy Reasonable access to personal records Rights of VoTs and Basic Principles for Protection and Direct Assistance

10. Victim’s Rights During The Criminal Proceedings • Special approach and attitude towards highly vulnerable persons; • Prevention of re-victimization (avoid eye contact, exclude questions on intimate life, avoid repetitive interrogations, etc.); • Protection of victims when their life is endangered; • Legal assistance, including in soliciting compensations for damages caused • Legal assistance and representation in the court should be free of charge, at least in the case when the victim does not posses sufficient financial resources. • Special protection measures for children (interviews/interrogations to be held in a friendly atmosphere); • Explicit provisions – victims cannot be accountable for any infringements committed during exploitation.

11. Victim’sRights During Repatriation (Return) -Competent authorities should beresponsible for assistance during repatriation care - Interstate agreements that include detailed and clear provisions on repatriation procedure, responsibilities of the parties involved at each stage of repatriation, financial costs and their coverage. - Repatriation= voluntary (including in cases of children, migrant’s opinion should be taken into consideration) • Right to repatriation without unjustified delays considering the need to guarantee security; • Free of charge issuance of documents necessary for repatriation; • Right to be informed about her/his rights • In case of children – compliance with their best interest • Victim of trafficking of human beings shall not be repatriated or exiled to the country of origin or a third country, when, following an assessment of risks and safety, there are reasons to suppose that the safety of the victim or his/her family is jeopardized;

12. Providing Assistance To Victims Of Human Trafficking (International and Regional Standards) • Legislative and other measures that might be necessary in order to provide assistance to victims for his/her physical, psychological and social rehabilitation not depending on his/her citizenship. • Such assistance should include as minimum: - adequate living conditions, such as safe and secure shelter, -psychological and financial support, - access to immediate medical assistance -interpretation services, - consultations and information on her/his rights and available services; - legal assistance, including representation and respect to his/her rights and interests at the respective penal proceedings; - access to education for children.

13. Interests of VoTs by CoO & CoD • To be rescued • To be placed into a safe environment, receive protection and assistance • To be recognized as mothers of the children born in the CoD • To not be prohibited from re-entering the CoD after the return to the CoO • To receive residence and work permits in the CoD • To return to the Country of Origin (CoO) • Not to cooperate with LE • To keep the secret, to avoid stigmatization • To finalize court-related procedures ASAP • To avoid facing the recruiter, trafficker • To be treated with dignity • To receive compensation • To recover ID documents • To receive the payment from the exploiter • To receive vocational training • To be employed • To maintain good family relations (if there any)

14. 3 - AVRR and VoTs Sphere of Protection: Victim Safety and Security Direct Assistance & rehabilitation Victim Identification Poss. for Vol. Return Re/Integration & Recovery

15. AVRR of VoTs (contd.) • The Assistance Process • 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 • 2) Provision of protective services: • Safety/Security/Protection for victims at specialized shelter/safe house/similar safe environment • Attention of immediate, food, accommodation & medical needs

16. AVRR of VoTs (contd.) • Special considerations for Children in provision of services : • AVRRapplies when an unaccompanied migrant child, 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. • “Best interests” of the child as primary consideration before AVRR can take place and during the whole process of return if this is the most suitable option for the UMC. Requirements: • Role of legal guardian in host country and country of origin • Need for written consent • Analysis of return vs. other solutions, such as integration • If required IOM can assist with Family reunification based on family assessment

17. AVRR and VoTs (contd.) • Risk Assessment/Family Tracing: • Risk assessment in case of return in line with best interest • 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 victim’s nationality through government authorities • Issuance/clearance of necessary travel document(s) for victim and possibly family members (e.g. children born during trafficking) • SpecialconsiderationconcerningChildren: Assignment of escort and Reception of child at port of entry - handover

18. AVRR and VoTs (contd.) 5) Re/Integration and Recovery • Reintegration and recovery assistance includes a tailor made combination of social, psychological, legal and medical assistance • for instance : vocational training/education; support with access to employment, housing, family support, sheltering … • Special considerations regarding Children: • Mandatory Reintegration Assistance • Institutional/community support to ensure the welfare and the full development of the child in a safe environment. • Assistance in a wide range of areas provided especially in education, health and integration. • Support to the family of the child in the country of origin is also fully promoted in IOM projects. • Design of assistance in close cooperation with legal guardian and suitable NGOs

19. AVRR and VoTs (contd.) 6) Monitoring of reintegration process in the family and the society • Monitoring of IRP realization is a continuous process, and is performed by case manager, whose duty is to remind each institution/person about the assumed commitments. Intervention impact assessment is done approximately once in 3 months; yet, in some cases, more often. • Execution of the individual assistance plan is monitored by the specialist responsible for multidisciplinary team and is verified together with the involved team members. Monitoring is documented. • The role of case manger in execution of individual assistance plan is to coordinate and facilitate the information flow as to obtain the best result for beneficiary.

20. Risk Assessment – Principle and Process Clear humanitarian and legal duties Applicable to existing, outstanding and potential victims and other third parties The risk assessment should be carried out as soon as possible after a trafficking victim has come to notice and then become a continuing process. Immediate and then continuous three-stage process Stage 1 – Identify and assess the existing risk Stage 2 – Identify appropriate police response and assess any new or increased areas of risk arising from it Stage 3 – Decision making and risk management Victim Safety Security Issues and Risk Assessment

21. The risk assessment procedure should always be applied sequentially to: • The victim that has come to notice and is the subject of the risk assessment; • Other outstanding victims that are still being exploited; • Other potential victims that are at risk of of being trafficked and exploited; • The personnel that are providing shelter care and protection to the victim Victim Safety Security Issues and Risk Assessment

22. All escaped victims are at risk of reprisals from traffickers, irrespective of whether or not they have cooperated with law enforcement agencies. These risks are immediately magnified in those cases in which the victims cooperate with law enforcement agencies because the victims then pose a much higher risk to the liberty of the traffickers. Examples of specific risk events: Admission to a Shelter Cooperation with the law enforcement (statements, identification, etc) Movements outside the Shelter for medical or social assistance appointments Attendance at court buildings, esp. when providing testimony at the trial of the traffickers Anonymous and threatening phone calls Repeated and prolonged appearance outside of shelters of unknown persons, vehicles or overt following Return to the country of origin Specific Risks

23. “Need to know” principle (internally and externally) Service delivery organizations should not disclose VoT data to anybody without the prior written and informed consent of the victim concerned The VoT should be fully informed as to the purpose of the collection of data about them and the uses to which it will be put, as well as their own rights to access the data The disclosure of VoT data should not increase the risk to the victim of member of their family, any other victim or member of service delivery organization staff All printing materials containing VoT data must be kept secure and under lock and key When in use, the printed materials should never be left unattended or in areas accessible to others When paper copies are no longer required they should be shredded or destroyed Under no circumstances should any confidential data be disclosed over the telephone to any individuals whose identity and credentials are not known. Handling and Disposal of Confidential Personal and Trafficking Data

24. SOS Call FROM: family, relatives, friends, clients of the VoT, VoT TO: Hotlines, Law enforcement, Social assistants, Embassies/Consulates, IOM, NGOs, Faith Based Organizations, etc. Referral to Partners IOM, Hotline, Law Enforcement, State Agencies, NGOs, Faith Based Organizations, etc. Rescue IOM, Hotline, Law Enforcement, NGOs, Client, Self Rescue (escape), etc. Rehabilitation and/or Reintegration Assistance IOM, NGOs, State Agencies, Faith Based Organizations, etc. Return IOM, NGOs, State Agencies, Clients, Embassy/Consulate, Faith Based Organizations, etc. Reception, Rehabilitation, Reintegration Assistance IOM, NGOs, Social Services, Law Enforcement, etc. Rescue, Return, Reintegration • International Trafficking - exchange of information between partners in country of origin and destination • Internal Trafficking - exchange of information between national partners

25. Rehabilitation, Return, Reintegration Country of Destination Country of Transit Country of Origin Rehabilitation Assistance: Transit Assistance: Reception Assistance: Temporary shelter, Medical, Psychological Shelter, Social, Transportation, Escorts Reception, Overnight at Shelter, Social, Legal, Educational Programs, Transportation to final destination Specialized Services to Children Return Assistance: Rehabilitation Assistance: Travel Documents, Transportation, Departure Temporary Shelter, Medical, Psychological Escorts (children, disabled persons, etc.) Social, Legal, Recreational and Educational Activities, Specialized Services to Children Reintegration Assistance: Reintegration (when feasible) Re/insertion into School, Vocational training, Job mediation, Family and Housing support, Business training and support, Monitoring Vocational training, Job mediation Temporary/Permanent residence Monitoring

26. Defining legal guardian role in EU-MS Identifying legal guardians in countries of origin with weak child protection systems Determining the age of an individual Reconciling international child protection obligations with state responsibilities to address irregular migration. Best Interest determination: lack of information in countries of origin or unsuccessful family tracing. 4- Challenges – Destination countries

27. Challenges – Origin countries • retain their youth • ensure protection of their nationals abroad and, for those migrant children that do return, • the absence of local care facilities with the capacity to meet the basic needs of children who return. • how best to facilitate age-appropriate reintegration that is sustainable.

28. Challenges Encountered By Victims That Need Sincere Guarantees • Safety– for the victim and her/his family; • Status– in case if the victim remains in the destination country, respective status during her stay and cooperation with the law enforcement should be ensured (the right to stay in the respective country, residence permit, deportation, interdiction to come back to the country); • Confidentiality– due to the risk of being stigmatized and possible consequences it might engage for the family, confidentiality should be ensured: personal information cannot be released to the family, press or made otherwise public during the penal procedures and/or after their completion. This aspect is particularly important in the case of trafficking for sexual exploitation; • Fear and re-traumatization - It is necessary to guarantee that the victim will not testify in front of the trafficker, and will not see the trafficker and his copartners during the court procedures; - It is necessary to avoid aggressive and offensive questions, as well as scornful voice tone during interrogation process on behalf of the law enforcement agents (policemen, judges, prosecutors, lawyers, etc.) - Victim’s participation during the court procedures should be limited; repetitive interrogations should be avoided; - Duration of the penal procedures should be taken into consideration.

29. The qualitative interview data provided in-depth information on the causal factors for re-trafficking: Lack of family support or family rejection upon return; Stigmatization upon return and the inability to (re-)integrate back into host society/ community/ family; Deportation by law enforcement without necessary support; Unwillingness to accept direct assistance Fear of authorities Past negative experience with authorities; Previous childhood trafficking experience; Structural socio-economic inequality- push factors remain; Desire to migrate remains upon return; Yet no safe/ legal channels Threats (personal and/or family) from traffickers upon return. Challenges: the issue of Re-trafficking

30. Recommendations:International Cooperation • Interstate cooperation should continuously be developed in accordance with the new trends and challenges that arise; • Cooperation should not be limited only to the state institutions; more measures should be taken to develop long-standing partnership between public institutions and private companies; • Cooperation should not be limited only to law enforcement and investigation domains, but also include protection and assistance to VoTs at every stage;

31. 5 – Recommendations: International Cooperation Cooperation During Victim’s Identification & establishing the victim’s status: • Enforcing cooperation in search of missing people, especially children, in case when law enforcement agents possess information reasons to believe that he/she might be a VoT; • Establishing competent authorities and responsible contact persons for receiving timely information about the person in the destination, transit and origin country; • Identified victim should be immediately referred for assistance and protection; • If the victim is identified in the country of transit or destination, the reflection period should be aligned with the period of the residence permit or any other similar agreement that will allow the VoT to start rehabilitation and receive necessary consultations regarding her/his rights and duties; • Parties have to be ready to transfer mutually all the information upon request necessary for establishing the victim’s status, as well as protection and assistance measures (family identification, social questionnaire, risk-assessment and possible consequences upon return to the country of origin)

32. To strive for full execution of commitments and obligations; To develop and implement NRM – the best victim centered coordinated assistance framework; To better identify due to broader view on THB; To adapt assistance programs to the VoTs needs; To encourage risk assessment and family assessment - Informed decision; Return should be an option and one of protection measures but not the only option; Interstate cooperation should continuously be developed in accordance with the new trends and challenges that arise and should be expanded to Social/Child Protection Authorities. 6-General recommendations 32

33. Thank you for your attention ! Irina TODOROVA Regional Migrant Assistance Specialist IOM - International Organization for Migration E-Mail: itodorova@iom.int 33 33