ICRC THE INTERNATIONAL COMMITTEE OF THE RED CROSS IN MEXICO, CENTRAL AMERICA AND CUBA REGIONAL DELEGATION FOR MEXICO, CENTRAL AMERICA AND CUBA

ICRC THE ICRC AND THE ADMINISTRATIVE DETENTION OF MIGRANT BOYS, GIRLS AND ADOLESCENTS

CONTENTS Key considerations: - Boys, girls and adolescents deprived of their freedom; - Restoring family contact for unaccompanied boys, girls and adolescents; ICRC visits and modes. ICRC

Detention: An Exceptional Measure KEY CONSIDERATIONS ICRC Detention: An Exceptional Measure -> Freedom and alternatives should be considered first, especially for boys, girls and adolescents (best interest of the child => involve the boy, girl or adolescent). Individual Assessment -> Only when a security or fleeing risk exists. Necessary, Reasonable and Proportionate -> No punishment / dissuasion. ICRC urges States to respect these points Refect existing internat law Compatible with UN human rights bodies and mechanisms Detention: last resort – for the shortest period of time - should be avoided for vulnerable groups, such as children, persons with disabilities Best interest must be the primary consideration in every decision to initiate or continue detention Negative impact: magnified in children - uncertainty of the process, fear for the future. Lack of info. Linguistically and culturally alien environment Migrant children may have fled extremely dificult circumstances, including persecution and extreme poverty, but this is often unacknowledge or not taken into account for the provision of service. Review of particular circumstances of each person To avoid or mitigate unnecesary detention decisions and/or policies To ensure det only used as a last resort Only if security risk to the public Individual assesment to determine wheter admin det can be considered necesary AFTER non-custodial measures have been considered.

Detention: Non-Punitive Conditions KEY CONSIDERATIONS ICRC Detention: Non-Punitive Conditions Dignity: Psychological and physical needs; Protection against abuse; Freedom of movement within the detention facility; Families housed together; Maintaining family contact. Access to adequate medical care Protection against sexual violence

Detention: Procedural Safeguards KEY CONSIDERATIONS ICRC Detention: Procedural Safeguards Providing information about the reason for detention in a language that is understood by the boy, girl or adolescent; Notifying the consulate – according to the wish of the boy, girl or adolescent; Reviewing the decision for detention by an independent authority + the right of appeal; The right to legal aid.

Detention: Application for Asylum A right; KEY CONSIDERATIONS ICRC Detention: Application for Asylum A right; Sharing information about this right + enabling the exercise of this right. -> Give the means for screening process.

Detention: Family Contact KEY CONSIDERATIONS Detention: Family Contact -> A basic priority: The well-being, development and sense of security of the boy, girl or adolescent; -> Facilitating but not forcing (best interest of the child); -> Technical and financial resources; -> Free telephone calls; -> Regular contact under adequate conditions. ICRC Circumstances conducives to relax conversation

Restoring family contact for unaccompanied boys, girls and adolescents KEY CONSIDERATIONS Restoring family contact for unaccompanied boys, girls and adolescents A right of the boy, girl or adolescent, IF he or she wishes so + informed consent; Facilitating the restoration of family contact is a State obligation, but not an obligation of the boy, girl or adolescent; The right of the missing person not to be found; Finding the family =/= family reunification. ICRC Circumstances conducives to relax conversation

Restoring family contact for unaccompanied boys, girls and adolescents KEY CONSIDERATIONS Restoring family contact for unaccompanied boys, girls and adolescents ->Confidentiality of the information; -> Information only for the boy, girl or adolescent; -> Information is shared only with the informed consent by the boy, girl or adolescent. ICRC Circumstances conducives to relax conversation

VISITS TO MIGRATION STATIONS AND CENTRES OF DIF IN MEXICO: OBJECTIVE ICRC 2014: 13 visits – more than 3550 migrants were visited; The conditions, access to essential services and the treatment of migrants were assessed; -> Visits by multi-disciplinary teams to provide external technical assistance (health, water and sanitation, psychosocial support, etc.)

-> Confidentiality; -> Observations and recommendations. MODES ICRC To have access to every migrant at the migration station; Interviews without witnesses with migrants; -> Confidentiality; -> Observations and recommendations.

questions? ICRC

ICRC Regional Delegation for Mexico, Central America and Cuba Av. Presidente Masaryk 29 Col. Chapultepec Morales, CP. 11570, México D.F. Tel.: (+52) 55 2581 2110 mex_mexico@icrc.org www.cicr.org