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Migratory mixed flows and the protection of the human rights of migrants: IOM`s

activities

San José, August 11,2008

Daniel RedondoInternational Migration Law- Legal Focal Point

International Organization for Migration Regional Office for Central America and Mexico

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Universal Declaration of Human Rights

• “as a common standard of achievement for all peoples and all nations, to the end that every

individual and every organ of society, keeping this Declaration constantly in mind, shall strive by

teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal

and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their

jurisdiction“

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60 years later..

• Permanent challenges on the continued observation of human rights

• Specially vulnerable sectors: migrants

• 191 million migrants in the World (3% global population)

• Fifth country in terms of population

• Large number of migrant women and children

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During migration …

• Migrants face challenges and violations to their rights: thefts, assaults, rapes, mutilations, swindle by smugglers, exploitations of different kinds by the operation of trafficking networks

• Lack of knowledge, fear and lack of migration documents

• Lack of migration and public policies including minimum aspects on the protection of human rights of migrants, in countries of origin, transit and destination

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Continued observation of the human rights

• The protection of the human rights of migrants, is quite relevant, considering that the mobilization of people is motivated most of the time by situations of political, economic, social or environmental order, resulting in people migrating in search of better living conditions, facing many times the mentioned risks. The main point is that during those flows the protection of the human rights must be observed.

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IOM´s role

• IOM is committed to the principle that humane and orderly migration benefits migrants and society

• Although IOM has no legal protection mandate, the fact remains that its activities contribute to protecting human rights, having the effect, or consequence, of protecting persons involved in migration

• IOM promotes the respect of the human rights of all migrants, regardless of their legal status, and regardless of the causes motivating their migration

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IOM`s role

• The special needs of vulnerable groups such as unaccompanied minors, trafficking victims, migrants target in smuggling, persons in need of medical attention, are meet in different activities of technical cooperation, searching to strengthen national and regional capacities. In the technical cooperation area, the Assisted Voluntary Returns Division is dedicated specially for programs targeting migrants and victims of trafficking; when appropriate, in return and reintegration activities

• The Division monitors voluntary return and reintegration programme opportunities globally, determines strategies in coordination with Field Offices and governments, and develops policies, standards, models and support mechanisms for IOM’s return and reintegration initiatives.

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Return Migration

• Return migration requires a series of approaches based on human rights

• An effective returns policy requires a multi-disciplinary approach to ensure the sustainability and effectiveness of a wider migration policy. Optimal results are achieved when return is combined with effective border and asylum management systems as well as with appropriate arrangements for legal and orderly entry, reception, and integration.

• Three activities held by IOM on the subject are:

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“Praesidium” Project

• The project provides assistance to those recued on sea upon landing in Lampedusa

• Lampedusa island and other strategic points in the Sicilian coast

• Counterparts: UNHCR and the Italian Red Cross

• Financial support from the EU Commission and the Ministry of Interior in Italy

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Assistance includes:

• Legal counseling to migrants on consequences of irregular entry,

• Identification of vulnerable groups such as victims of trafficking and unaccompanied minors, people in need

• When required, counseling on family reunification

• Referral to competent authorities, when protection or special attentions are required (police, judicial, among others)

• Referral to competent authorities of international protection, such as UNHCR

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RCM fund for assisted voluntary returns of migrants

in high vulnerability situations

• Created by the 11 member states of the RCM, designated to finance assisted voluntary returns of regional migrants in a vulnerable situation

• IOM participating in administration and operation

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Assistance provided

• Transportation related cost required to return;

• Medical escort services or assistance, when required

• Certain medical supplies, when required

• Certain medical equipment such as crutches or prosthesis if required,

• Medical exams in order to establish travel conditions to return

• Documentation related costs required to return

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Support on return for trafficking victims

• An adequate and coordinated return is key fundamental for trafficking victims to start over upon return

• Global Fund: supporting governments on the mobilization of trafficking victims while facilitating the coordination among States to protect the safety of the victims upon return

• At the regional level, IOM, continues to support returns of trafficking victims; along with other agencies, and with the continuous support of the RCM and national committees, IOM has promoted the design of repatriation protocols, both at National and Regional level

• Coordination with ILO, in an evaluation project with the aim of identifying bounds and best practices on the implementation of the mentioned protocols, in search of a better approached for their implementation

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Workshop on strengthening regional cooperation for the reinsertion of

trafficking victims

• Pilot project in Nicaragua

• Workshop on reinsertion of trafficking victims in Managua

• Elaboration of a draft document on recommendations to be presented before the Regional Consultation Group on Migration for its analysis

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Workshop on strengthening regional cooperation for the reinsertion of

trafficking victims

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IOM will continue…

• To enhance the humane and orderly management of migration and the effective respect for the human rights of migrants in accordance with international law

• IOM will continue promoting, facilitating and supporting regional and global debate and dialogue on migration, including through the International Dialogue on Migration, so as to advance understanding of the opportunities and challenges it presents, the identification and development of effective policies for addressing those challenges and to identify comprehensive approaches and measures for advancing international cooperation

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American Convention on Human Rights

“Recognizing that the essential rights of man are not derived from one's being a national of a certain state, but are based upon attributes

of the human personality, and that they therefore justify international protection in the

form of a convention reinforcing or complementing the protection provided by the

domestic law of the American states…”

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Thank you!Thank you!

IOM Global: www.iom.intIOM Global: www.iom.intMRF San José: www.iom.or.crMRF San José: www.iom.or.cr

dredondo@iom.intdredondo@iom.int