PRESENTED BY: Sandra Chaves Esquivel schaves@migracion.go.cr

A GUIDE FOR SECRETARIATS AND MINISTRIES OF FOREIGN AFFAIRS OF CENTRAL AMERICA AND MEXICO TO ADDRESS TRAFFICKING IN PERSONS NOVEMBER 2012

IMPLEMENTATION SPHERE Oriented toward officers from the Ministry of Foreign Affairs that are directly involved in the following: Prevention Assistance Protection Aid Victims of Trafficking Abroad

OBJECTIVE To guide officers of the Ministry of Foreign Affairs regarding the actions to be implemented to address trafficking in persons based on each officer’s specific responsibilities.

LEGAL FRAMEWORK Vienna Convention on Diplomatic Relations (1961); Vienna Convention on Consular Relations (1963); International Instruments on Human Rights, Migration, Slavery and Practices Similar to Slavery, Trafficking in Persons, Organized Crime, and Labour.

PART I PROCEDURES FOR ACTIONS TO BE IMPLEMENTED BY THE FOREIGN SERVICE TO ADDRESS CASES OF TRAFFICKING IN PERSONS

IMPLEMENTING ACTIONS IN THE FOLLOWING SCENARIOS Protection and assistance to fellow nationals victims of trafficking in order to safeguard their human rights abroad; Prevention through efforts to disseminate timely and updated information to fellow nationals in the country where the diplomatic and/or consular office operates about the risks associated to the crime of trafficking in persons; Collaborating to provide international legal aid.

A) PROTECTION AND ASSISTANCE TO VICTIMS OF TRAFFICKING ABROAD A.1) THE RIGHTS OF VICTIMS OF TRAFFICKING Equitable and effective access to justice; Appropriate, effective, and expedited compensation for harm suffered; Access to information: violations, compensation mechanisms, legal aid, health care, counselling, social services, administrative services, human rights.

Safe accommodation – they should not be sheltered at detention centres for immigrants, detention centres, or shelters for homeless persons; Access to primary health care and counselling; Contact with diplomatic and consular representatives; No re-victimization.

Written and verbal information in a language understood by the person; Protection; Confidentiality; Voluntary assisted return; Resettlement; The right to be heard and the right to freedom of speech.

A.2) Preparing to Provide Assistance The status of the problem and its prevalence in the country; The legal and regulatory framework for the crime of trafficking in persons; Existing programmes and services and how to gain access to them.

A.3) Protection and Assistance Procedures 1. Preliminary identification of the victim of trafficking (initial suspicion) An interview to make the necessary references to appropriate protection and assistance.

1. Preliminary Identification Detection (indicators) Meeting urgent basic needs Assessing imminent danger Conducting a preliminary interview (basic indicators) Organizing and providing information Meeting material needs

Coordinating Protection and Assistance to Victims of Trafficking Coordinating migration protection Assessing the legal status and providing support in gaining access to justice Following up on the protection and assistance process (repatriation, resettlement, refuge, temporary residence, or permanent residence) Collaborating in jointly finding a lasting solution

Next Steps: Voluntary Return Assessing if returning is appropriate Obtaining informed consent Coordinating actions to secure funds to finance the return Implementing bilateral or multilateral agreements Obtaining relevant travel documents Preparing the victim of trafficking for the return Coordinating the logistics of the journey Confirming the arrival of the victim of trafficking Supporting follow-up actions

B) Prevention through dissemination and training efforts A general dissemination plan; Training all staff members from the diplomatic and/or consular office; Implementing actions to prevent fellow nationals and officers from implementing or getting involved in actions relating to trafficking in persons; Monitoring the media.

C) Facilitating international legal aid Formal channel Informal channel

PART II Other Spheres where Trafficking in Persons should be Addressed through the Ministry of Foreign Affairs

B) Prevention actions: A) Procedures for cooperating in providing assistance to foreign nationals victims of trafficking in the country; B) Prevention actions: Continuous training/education programmes; Dissemination strategies. C) Collaborating with inter-institutional mechanisms or national coalitions to combat trafficking in persons in the country; D) Promoting and coordinating consular networks.

THANK YOU