1. Rosilyne Borland Organización Internacional para las Migraciones Oficina Regional para América del Sur Strategic Coordination between Governments and Civil Society for the Comprehensive Protection of Victims of Trafficking in Persons Lima, Peru 12 September 2013 Rights and Obligations in Relation to Effective Remedies

2. IOM is committed to the principle that humane and orderly migration benefits migrants and society As the leading international organization for migration, IOM acts with its partners in the international community to: Assist in meeting the growing operational challenges of migration management Advance understanding of migration issues Encourage social and economic development through migration Uphold the human dignity and well-being of migrants 2 International Organization for Migration (IOM)

3. ……. Global IOM Presence 2013 Regional Offices Regional Offices Special Liaison Offices Special Liaison Offices Administrative Centers Administrative Centers Training Center Training Center Country Offices Country Offices Research Center Research Center 151 Member States 470+ Field Locations 2300+ Active Projects Headquarters in Geneva, Switzerland 9 Regional Offices

4. Many years of experience (since 1994) More than 800 counter-trafficking projects implemented in more than 100 countries Global presence Extensive cooperation with governments, civil society and other partners Global Assistance Fund (GAF) More than 46,000 trafficked persons directly assisted since 2000 4 IOM and Trafficking in Persons

5. 5 Source: IOM Migrant Assistance Annual Review 2012

6. Conditions for realizing the right to an effective remedy 1.A comprehensive, rights-based and victim- centered protection system is essential to realizing the right to effective remedy for trafficked persons 6

7. 1.Protection system Identification of presumed victim Immediate protection and assistance, screening, recovery period, interview, determination of status Assistance and protection, assessment, support during criminal justice process, planning for (re)integration (Re)integration 7 Crisis management Stabilization and initial recovery Continued recovery A comprehensive, rights-based and victim-centered protection system is part of realizing the right to effective remedy for trafficked persons Partially adapted from the stages of post-trafficking care in: The Health Risks and Consequences of Trafficking in Women and Adolescents: Findings from a European Study. Zimmerman, C., Yun, K. Watts, C. et al. 2003.

8. Lessons learned: Protection Restitution of rights is an intrinsic part of protection Victims of trafficking experience the cumulative effects of physical and psychological violence, with significant health consequences These consequences impact their ability to provide evidence or decide whether to collaborate with the criminal (or civil) justice process Trafficked persons need services (implies cooperation) and time to stabilize, especially at first (reflection period) 8 Key Sources: Handbook on Direct Assistance for Victims of Trafficking, IOM, 2007 Stolen Smiles, Zimmerman C, Hossain M, et al., 2006 Caring for Trafficked Persons, IOM and LSHTM, 2009

9. Multiple physical health symptoms that improve with services Stolen Smiles, Zimmerman C, Hossain M, et al. 2006 0-14 days28-56 days90+ days 0 a 11 symptoms 12 a 23 symptoms 9

10. Levels of psychological distress are high, with multiple symptoms 0-14 days 28-56 days90+ days Stolen Smiles, Zimmerman C, Hossain M, et al. 2006 0 a 9 symptoms 10 a 17 symptoms 10

11. Mental health as compared to the general population Stolen Smiles, Zimmerman C, Hossain M, et al. 2003 Percentiles 0-14 days28-56 days90+ days Depression Anxiety Hostility Norms 11

12. Lessons learned: Protection Trafficked persons need specialized approaches that recognize the violence they have experienced (“trauma- informed care”) The participation of the trafficked person is often crucial to the investigation and prosecution process The investigation of trafficking in persons cases takes places in parallel to the direct assistance process Effective protection systems that recognize the impact and consequences of trafficking contribute to effective prosecution, access to justice, and effective remedies 12 Key Sources: Handbook on Direct Assistance for Victims of Trafficking, IOM, 2007 Stolen Smiles, Zimmerman C, Hossain M, et al., 2006 Caring for Trafficked Persons, IOM and LSHTM, 2009

13. Conditions for realizing the right to an effective remedy 2.States should prioritize the situation of exploitation rather than the migratory status of a trafficked person, and address the challenges faced by international migrants who are victims of trafficking to realize the right to an effective remedy 13

14. What is trafficking in persons? A crime A violation of human rights A form of exploitation An act of violence The search for a better life through migration that goes terribly wrong. 14

15. Migration as a “Mega- tendency” Migrants: 1 billon Global Population: 7 billon One in seven people is a migrant 15

16. 2.Challenges faced by international migrants What makes a remedy effective? Realization of the right Challenges include: Ability to remain in the country of destination (visas, resources) Irregular / informal sectors and civil proceedings Lack of access to legal aid Language Lack of “portable justice” – inability to pursue claims after return to country of origin / third country 16

17. Lessons learned: focus on exploitation Regularize migration status (if international migrant) Non-criminalization of victims of trafficking if forced to carry out a crime as part of the trafficking process Recognize impact of trafficking and reality of exploitation 17

18. Conditions for realizing the right to an effective remedy 3.To guarantee non-repetition, and to ensure trafficked persons are not returned to situations which create the risk of re-trafficking, States must prioritize recovery and (re)integration beyond the short term 18

19. 3.Effective and sustainable recovery and reintegration (Re)integration of trafficked persons requires a diverse package of services to address: Root causes of trafficking Physical, psychological and social impact of trafficking Challenging in terms of cost, complexity and duration Possible need for family mediation Structural barriers (e.g. lack of employment opportunities) Possible need for community assistance to avoid stigma © 2008 NEXUS Re/integration of trafficked persons: how can our work be more effective 19

20. 3.Effective and sustainable recovery and reintegration Survivors of violence / trauma Support for negative emotions (fear, shame) Importance of counseling and psychological support Typical to have a period of progress and a crisis: Partners, interpersonal violence, contact with someone related to the trafficking experience Stigma, negative reactions of friends and family Economic problems Need for flexibility in the programs Support network that continues after “graduation” Support during crises © 2008 NEXUS Re/integration of trafficked persons: how can our work be more effective 20

21. 3.Effective and sustainable recovery and reintegration Lessons learned in reintegration : Importance of cooperation and networks between public, private and civil society organizations – role of the private sector in labor reinsertion Requires cooperation between countries of destination and countries of origin Possibility to link with local community development initiatives to address structural factors 21

22. 22 Rosilyne Borland OIM Oficina Regional para America del Sur Buenos Aires, Argentina rborland@iom.int +54 11 (9) 5219 2035