Directorate of Foreign Affairs Consular Department Ministry of Foreign Affairs and Cult Directorate of Foreign Affairs Consular Department MSc. Alejandra Solano Cabalceta Head of the Consular Department

Ministry of Foreign Affairs and Cult “Proposal for a Regional Cooperation Agreement on the Protection of the Human Rights of Migrants in Member States of RCM”

General Objective The general objective is that Member States of RCM attempt to agree on a common point to provide regional assistance and cooperation in order to ensure the protection of the human rights of nationals of Member States of RCM abroad, at a horizontal – and not vertical – level.

Specific Objectives Consular Network: To take the Liaison Officer Network for Consular Protection to the field to address specific cases of persons in need of protection. To develop specific assumptions of cases where this assistance applies (human rights): For example, protecting the rights of migrants in vulnerable situations, such as women and boys, girls and adolescents that are victims, for example, of domestic violence. Not attributable to authorities of the receiving State: This cooperation is not about using it for the receiving Member State of RCM, but it is about collaborating when vulnerable situations occur at a private level (horizontal). In the absence of consular representation: When a consulate of the Member State of RCM does not exist in the receiving State. Joint actions: Support provided by a Member State of RCM in vulnerable situations faced by citizens of a Member State of RCM.

Background of RCM: Liaison Officer Network for Consular Protection of RCM; Seminar on Migration and Human Rights held in Nicaragua; Memo of Understanding on the Network for Consular Protection and Humanitarian Aid in Mexican Territory, signed by Guatemala, El Salvador, Honduras, Nicaragua and the Dominican Republic; Workshops, seminars and training activities on consular protection in matters relating to humanitarian aid; Workshop on consular actions held in London, presentation by one of the participants (Mexico, Canada or Costa Rica).

Protection in situations where International Humanitarian Law needs to be applied; for example, wars or internal or international conflict. Protection in cases of Natural Disasters, humanitarian aid: Consular Emergency Protocol, Manual of Costa Rica on referral for assistance and reception for assistance, to be submitted to SICA. Humanitarian aid: There is always a lack of resources; turn to liaison officer networks, local attorneys, local charity authorities, collaborating consulates. Best practices and regional training: Establishing alliances to address common causes, joining isolated efforts, and promoting links with local authorities is always important.   Different Approaches

The Experience of Costa Rica in Protecting the Human Rights of Costa Rican Nationals Abroad Special and/or emergency situations that require more action and attention. Effective inter-institutional coordination is required, especially in the following situations:   Humanitarian aid in situations of natural disasters; boys, girls and adolescents; domestic violence; missing and deceased persons; etc. A few examples: The earthquake and tsunami in Japan in 2011; violent death while abroad; abduction of boys, girls and adolescents; shipwrecking; etc.

Assistance to Persons in Vulnerable Situations – Especially Boys, Girls and Adolescents Social Migration Fund, Art. 242, Migration Act; Regular meetings with INAMU and PANI; Tripartite committee with PANI, Migration and the Ministry of Foreign Affairs and Cult (MREC); Protocol for the Repatriation of Boys, Girls and Adolescents.

Guidelines on Trafficking in Persons Recognizing the central importance of human rights; Guidelines on Consular Protection ; Liaising with the Rapid Response Committee; General Directorate of Migration and Immigration (DGME)/MREC; Local authorities.

Emergency Protocol Key recommendations; Actions to be implemented before, during and after the emergency situation; Internal and international coordination; More details later on.

Assistance to Migrants Human rights situations The right to information about consular assistance The right to consular notification The right to consular assistance The right to consular communication

Assistance to Migrants Recognizing the central importance of human rights; Advisory Opinion OC-16/99 of the Inter-American Court of Human Rights (CIDH) on “The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law”; Obligations and duties stipulated in the 1990 Convention, Art. 16.7: “[…] the migratory status of a person can never be a justification for depriving him of the enjoyment and exercise of his human rights, including those related to employment.” Paragraph 134, Advisory Opinion OC-18/03, “Juridical Condition and Rights of the Undocumented Migrants”, Inter- American Court of Human Rights.

Examples of regional assistance: Regular thematic meetings to exchange information and discuss specific cases; Joint training efforts implemented by all Member States of RCM, taking turns; Information exchange; Promoting meetings with relevant authorities in the receiving State; Delivering and guarding documents in the absence of consular representation; Possible accompaniment at hearings with local authorities, in the absence of representation.

THANK YOU MSc. Alejandra Solano Cabalceta Head of the Consular Department alejandra.solano.rree@gmail.com