Meeting of the Liaison Officer Network to Combat Migrant Smuggling and Trafficking Regional Consultation Group on Migration (RCGM) Managua, Nicaragua June 2014 REGIONAL NETWORK FOR CIVIL ORGANIZATIONS ON MIGRATION – RNCOM

This is a highly important time for the region, in view of the humanitarian emergency situations along the migration route and in reception centres, as well as the administrative detention and deportation of boys, girls and adolescents in the United States, Mexico and Central America. This forces us to identify this time as a moment of crisis in the protection of the human rights of unaccompanied and separated migrant boys, girls and adolescents. This situation had been hidden for a long time. Today, the obsoleteness and inadequacy of legal frameworks and systems to provide assistance and protection to boys, girls and adolescents has become apparent in countries of origin, transit and destination. We are concerned about the significant number of boys, girls and adolescents that are being kept in administrative detention centres in precarious conditions, victims of abuse and fundamental human rights violations and at high risk of falling into the hands of migrant smuggling and trafficking networks and transnational organized crime.

RNCOM calls on the States to establish appropriate shelters for victims of trafficking, considering the specific needs of women, men and boys, girls and adolescents victims. In many cases, victims of trafficking are sent to detention centres where they do not feel confident enough to report that they have been victims and are at risk of being re- victimized.

We recognize the efforts by the Regional Coalition Against Trafficking In Persons and Migrant Smuggling and the invitation for RNCOM to be an observing member. Therefore, we request that this participation be proactive and that recommendations of RNCOM be taken into account in processes of assistance, prevention, protection, awareness-raising, development of legislation and policymaking for the protection of victims of trafficking in Member States of RCM. We urge States to continue to strengthen national coalitions against trafficking in persons through representative participation of civil society organizations in each national coalition and its intersectoral sub- committees.

We are concerned about the massive deportation of migrants, particularly boys, girls and adolescents without appropriate documents or that have entered the country of transit and destination as smuggled migrants. We suggest that States review the highly discretional nature of administrative mechanisms for migration management and of the roles of relevant officers that exists in some countries, since this places the integrity of victims at risk, who are immediately identified as persons to be deported.

It is necessary to continue implementing training and awareness-raising for administrative and judicial officers on detection of victims of migrant smuggling and trafficking. RNCOM recommends that Member States of RCM approve and implement specific legislation against the crimes of migrant smuggling and trafficking. We recognize the advances made in some countries; however, others continue to typify the crimes in their penal code, and this can lead to mistakes and revictimization. We request that, upon identifying victims of the crime of trafficking, a special visa is granted to them, and that mechanisms are facilitated for obtaining this visa when appropriate.

RNCOM insists on the need to increase inspections by Ministries of Labour with the aim of preventing trafficking for the purpose of labour exploitation of migrant men, women, senior citizens as well as boys, girls and adolescents. It is essential to strengthen existing mechanisms and develop efficient inter-institutional coordination mechanisms to monitor cases and implement training actions, with the aim of enabling the identification of victims of trafficking for the purpose of labour exploitation and commercial sexual exploitation. We invite governments to establish – together with civil society – dialogue with employers, contractors and unions in order to prevent the crime of trafficking for the purpose of labour exploitation. Strengthening processes to ensure access to justice and combat impunity is essential.

We urge governments to ratify the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990) and ILO Convention No. 189 on Decent Work for Domestic Workers. In addition, we invite States to harmonize national legislation with international mechanisms that have already been ratified, in order to comply with the obligation that has been taken on upon ratifying an international human rights instrument. We invite governments to take up again joint actions implemented within the framework of the Ad Hoc Group in regard to the crime of trafficking in persons, with a special focus on populations in vulnerable situations, and especially unaccompanied and separated migrant boys, girls and adolescents.

Determining and assessing the best interests of the child and family reunification should prevail. The deportation and deprivation of the liberty of migrant boys, girls and adolescents is not the solution to the problem of violence and inequality experienced by boys, girls and adolescents today. RNCOM is willing to join the campaigns to support the protection of boys, girls and adolescents in vulnerable situations.