Viceministry of Foreign Affairs for Salvadorians abroad

Conference on Protection of Unaccompanied and Separated Children

Fairfax, Virginia, October 22-24 th

Verification of the conditions of children and young people

El Salvador worried by the conditions of migrant girls, boys and young people undocumented who transit by land by Mexican territory to the US, has made, trough its consulates, interviews to this part of the population in process of return.

The data presented match to sample of 540 children in a period of January to August of 2008

During the reported period:The 32% (174) of the children was in the rank between 0 to 12 years. The 25% (137 girls and boys) were between 13 and 15 years. The 42% of the total who took the survey were between 16 and 17 years old 229 boys, girls and young people.

0 a 12 13 a 15

16 y 17

C10

50

100

150

200

250

Nuevos rangos edades

0 a 12 13 a 1516 y 17

Related to their origin:47% (256) are from rural areas of the Country andthe 53% (284) from the urban area.This indicates some equality of the origins.

240

250

260

270

280

290

RURAL URBANA

Procedencia geográfica

RURALURBANA

CHILDREN STUDYING

Estudia

No Estudia

303: Si237: No

44% 56%

CHILDREN TRAVELING ALONE OR ACOMPANIED.the 46% of the children (249) were alone in their travel, the 54% (291) were accompanied of a member of their family.

Solos o acompañados

Solos

Acompañados

Motive that push the migration of children and young persons during the related period is mostly by familiar reunification and search of jobs

Motivación de la migración

207

165

59

44

21

15

29

Reunificac

Trabajo

Mixto

Trabajo Prog

Maras

N/S

Estudio

Serie1

FIVE TRANSNATIONAL PILLARSINSTITUCIONALISATION

NATIONAL EINTERNATIONAL

MECHANISMS OF COOPERATIONAND COORDINATION AT THE

NATIONAL ANDINTERNATIONAL

LEVELS

PROTECTION OF THE CHILDREN

WORK AT NATIONALAND INTERNATIONAL

LEVELS

INTERNATIONALAND NATIONAL

LEGAL FRAMEWORK

NATIONAL AND INTERNATIONAL POLICIES

MISSIONTo develop the component of the foreign policy tointegrate to Salvadorians in the world into ElSalvador, protect their rights, to promote theirsopportunities, to strength their links, to safeguardtheir interests, to promote their projects, and tostrength the national identity, in a sensitive way andsocial approach according to the Government Plan“País Seguro” (safe Country)

CREATION OF THE VICEMINISTRY OF FOREIGNS AFFAIRS FOR SALVADORIANS ABROAD

INSTITUTIONAL ANSWER

CONSULAR NET

CIVILSOCIETY

SALVADORIANS ABROAD MRREE’S AND INTERNATIONALORGANISMS

NATIONAL INSTITUTIONS OFPROTECTIONPRIVATE

SECTOR

Viceministry of Foreigns Affairsfor Salvadorians Abroad

, LOCAL

GOVERNMENTS

INTERNATIONAL PROTECTION

ORGANIZATIONS

Juridical AnswerInternational Law

El Salvador is part of: Convention of the Rights of the Child, International Convention for the Protection of

the rights of all migrant workers and their families

Palermo Protocol for trafficking of persons , specially women and children.

Convention about Refugee Status of 1951 and its Protocol

Other relevant Conventions of human rights

The next memoranda of understanding have beensubscribed:

Bilateral Level with Guatemala and México

In matter of Ordered, Nimble and Safe Repatriation of Salvadorians by land from Mexico.

In matter of protection of the persons, specially women and younger of age, victims of the trafficking and smuggling of persons.

Regional Level (Central America and México):In matter of Ordered, Nimble and Safe Repatriation of Central American national migrants by land.

JURÍDICAL REGIONALANSWER

National Juridical Answer

Proposal of Project of Migration and Foreign Law (in study)

Typification of the crimes of smuggling and trafficking of persons

National Committee against trafficking of persons

Shelter of protection to victims of trafficking of persons

Center of Attention to the Migrant in

MIGRATORY STABILITY ANSWER The next bilateral initiatives have been managed in matter of migratory

stability and familiar reunification

• Program “Temporary Protection Status” (TPS) with the United States ofAmerica (240,000 Salvadorians inscribed)

• “Memorandum of Understanding between the Republic of El Salvadorand the Republic of Guatemala to implement the migratory mechanismof temporal protection regularization”

• “Global Program of Regulation and Coordination of the Foreign andImmigration of Spain.

• “Program of Migratory Regularization in Mexico”• “Memorandum of Understanding referred to the Temporal Migratory

Mechanism of Protection and Regularization, for Nicaraguans andSalvadorians who are ins irregular situation and that probe rooting inthe Country of destiny”

• Program of Temporal Workers in Canada and Australia.

PUBLIC POLICY ANSWERCONSULAR ATENTION AND PROTECTION

Enhancing of the Consulateof El Salvador in Tapachula Opening of protectionconsulates : Arizona, Veracruz,.

T All children are interviewed to verify their medical an psychological condition, their identity and nationality. They are duly documented and returned by the Salvadorians Consulates in Mexico

PUBLIC POLICY ANSWER

Children younger of 12 are taken to the DIF Shelter in Tapachula and visited constantly by the Salvadorian consul.

The return of every child is coordinated by the Consulate, with the mingrant authorities of México and from El Salvador the Salvadorian Institute for Integral Development of children and youg persons (ISNA)

All children are documented for their repatriation

Return of childrenSALVADORIANS RETURNED 2006 2007 June-2008 TOTAL

Grown up 38698 35082 17342 91122

CHILDREN 1819 1202 343 3364

TOTAL 40,517 36,284 17,685 94,486

CENTER OF ATENTION TO MIGRANT IN THE BORDER OF LA HACHADURA

Attention given: Snack, minor medical attention, rest, dress, phone calls

MANAGMENT 2006 2007 Jun 2008 TOTAL

Total of personsreturned and givencare in the center

3560 4264 2582 10406

ADULTS 2488 3190 2187 7865

MEN 1469 2016 1663 5148

WOMEN 1019 1174 524 2717

YOUNGER 1072 1074 395 2541

BOYS 693 688 265 1646

GIRLS 379 386 130 895

POLICY ANSWER Visits to the zones in the border México,

Guatemala, and México –United States

ObjectivesTo know the conditions of the migrants, specially boys, girls and young people; to visualize the subject of smuggling and trafficking of persons, and to disseminate the risk of undocumented migration.

SOCIAL AND HUMANITARIAN POLICY ANSWER

CREATION OF THE DIRECTION OF HUMANITARIAN MANAGMETN AND MIGRANT ATTENTION:

Objective To develop a social and humanitarian

management to respond in a timely manner to the necessities of theSalvadorians abroad

Migrant Attention Humanitarian Management Medical and Hospital

management

SOCIAL AND HUMANITARIAN POLICY ANSWER

•Member of the families attended in process of return

•Verification of juridical situations to Salvadorians

•Localized of Salvadorians

Objective: to assist to migrants who are detained, no localized or in the return process

WHAT WE DO:

HUMANITARIAN MANAGEMENT POLICY

Objective: To assist to Salvadorians who are in vulnerable conditions abroad

WHAT WE DO:

Repatriation of children (1895)Repatriation of Corps (336)Repatriation of Sick persons (137)Repatriation of Bounded (6)Repatriation of crippled and disabled (14)Repatriation of trafficking victims (13)

Contributions received in concept of foodcuotes

4

PROCCESS FOR REPATRIATION OF SALVADORIANS BOYS, GIRLS AND YOUNG PERSONS

The Ministry of Foreign Affairs (RREE) through the Salvadorian Diplomatic or Consular Representation abroad, in coordination with the Direction of Humanitarian Management and Migrant Attention (DGHAM) in the Country, is the institution in charge to promote and protect the repatriation of Salvadorians girls, boys and Young people. Gives consular protection, which content the management with local authorities of the respective Country to be safeguarded and respected their rights, and watch for a treatment with dignity as human being. The diplomatic or consular representation abroad with the correspondent country in coordination with DGHAM does the following activities:

•To locate a familiar resource in El Salvador or abroad, with the purpose of determining the identity and nationality of the children and to assume the responsibility of the repatriation, with authorization of the respective authorities and or from the parents, watching that the process are done taking into account the rights and protection of the boy, girl or young persons.

•To manage the getting of the necessary to verify the nationality, to establish the identity and the age and will issue the document of the travel, same with the general data of the family resident in El Salvador.

1.The State where the child is, takes the management of costs of movement, or they can be assumed by the family, if they would have the mean or being the case the DGHAM negociates the resources before the correspondent institutions. 2.The DGHAM establishes and or coordinates the date and the border post gives entrance to the boy, girl and Young person, notifies to the General Direction of Migration and Foreign (DGME) and to the Institute for Integral Development of Childhood and Adolescence (ISNA) to prepare the receiving of the boy, girl or adolescent. 3.At the arrival to El Salvador, after the DGME does the migratory control, the child will be received by representative of DGHAM, and of ISNA, that assumes the protection of the children and take the appropriate to their safeguard, according to the solve in the report psychosocial elaborated, (in case that there would be necessary to do it) and will continue to the process of reintegration of the boy, girl or young person to the family or the alternative family.

Proceso de niños menores de 12 años extranjeros.

Process of foreign children under 12 years.

The foreign children under 12 years receive psychological treatment, while aretaken to their Country of origin, if necessary. If there where possibility of stay with afamiliar or person responsible the children are taken in to a center of protection ofISNA given them legal, psychological social and medical assistance.After, it is realized the process of return to their country of origin, according to theprocess mentioned before. Briefly we can say:•Interviewed and psychological evaluation.•In the case of having familiar members, evaluations and interviews are to be done.•Determine nationality, trough their legal documents.•It is informed by means of Notification to the Consulate correspondent for theprocess to be initiatedc) All case of migrant children from 12 to 18 years old to whom the Pena Young Lawhas been applied.Is competence of the judges all migrant child from 12 to 18 years old, who havecommitted a penal infraction. Once givcen the culpability by part of the judge, thischildren must fullfilled the punishment imposed in the correspondent center and afterwould be returned to their Country.

MECHANISMS OF COOPERATION AND COORDINATION

El Salvador is part of the Regional Conference of Migration which is a dialogue, concentration and cooperation mechanism, in migratory and protection matter.

What do we do? Approval of the Regional Guidelines for the return of cases of trafficking

victims specially Children and young people, Establishment of a net of consular protection in Centralamerican and

Dominican Republic in Mexican territory, in coordination with the Mexican Government.

Elaboration of Regional Guidelines of attention for the return of children and adolescent migrants

WORKING IN THE FIELD

If We aren´t close of the migrants, in a human, professional, institutional way, with a legal framework , and mechanisms of international coordination among the countries of origin, transit and destiny, is impossible to speak about protection and rights.

By this reason the work in the field in direct contact, and in a permanent way is the answer that finally makes possible that the person subject of protection receives it in a opportune and in a timely manner.

National Committee against trafficking The National Committee against trafficking is created in December

of 2005. Its purpose is to address the phenomenon of trafficking ofpersons from an integral approach, through a Policy and NationalPlan to eliminate it.

It is conformed by 17 institutions, among ministries of ForeignAffairs, Public Security , Education , Public Health, Treasure, Work,Tourism, National Civil Police, National Secretary of the Family,General Direction of Migration and Foreigners, Salvadorian Institutefor the Integral Development of Children and adolescent (ISNA),Salvadorian Institute for the Development of Women (ISDEMU),Legislative Assembly, Supreme Court of Justice, (CSJ), GeneralAttorney of the Republic among others

CREATION OF THE SHELTER OF VICTIMS OF TRAFFICKING

The Shelter was established since April 2006, and willbe in charge of ISNA, it will be provided to the victims as guard, food and medical attention.

Until 2007 the shelter attended 106 victims (99 victims assisted and 7 re entering of different nationalities among Nicaraguans, Hondurans, Guatemalans, Mexicans, Colombians and Salvadorians.

CREATION OF THE SHELTER OF VICTIMS OF TRAFFICKING

Sex

Male 5 Female 94 Total: 99 The ages are concentrated between 12 and 18 years Nacionalidad El Salvador 58 Nicaragua 12 Guatemala 9 México 9 Honduras 7 Colombia 4 Total 99

The victims are mostly female Age Years Number of Victims 0-3 11 3-6 3 6-9 3 9-12 7 12-15 21 15-18 43 18-21 4 21-24 4 24-27 3 27-30 3 Más de 30 0 Total: 99

We also count with The “ Salvadorian Manual of Procedures

for repatriation of girls, boys and adolescents Victims of trafficking of person”, and supported by IOM.

-The “The procedures Manual and function of the shleter of victims of trafficking of persons in El Salvador”.

Welcome Home Program(Programa Bienvenido a Casa)

Created in 1999,a pilot Project of the regional Conference of Migration to give response to the Immigration laws of the United States.

In the year 2002, the Government take the institutionalization of the program.

At the arrival all the returned are take to the local of the program in the International Airport of El Salvador, they are provided with:

a) Information / Initial Orientationn, b) Shelter /Assistance, c)Emergency Medical Attention, d) Documentation, e) Educative support,

f) Laboral Orientation.

Campaign of Sensibilization Right now we are planning a campaign against

the risk of traveling in a undocumented way.

The purpose of this Campaign is to go trough the reality of the International migration, with a preventive approach and information for general population with focus in some vulnerable sectors.

Working with the social and civil sector, private government sector and support of international organization and the Embassy of the United States of America.

CONSULAR PROTECTION

CONSULAR PROTECTION

BORDER VISITS

MIGRANT ORIENTATION

HUMANITARIAN ANSWER

LEARNED LESSONS There must be political will clear in favor of the respect

of the rights of childhood and adolescence To count with the adequate institutionalism which

respond to the necessity of this population. To count with studies and reports about the different

situations that migrant children face, like the ones that stay in the country of origin.

To count mechanism of coordination among institutions in the national level to assist the necessities of this group

Public policy of attention and protection of the rights of the migrant children and adolescent and to incorporate in the public policies the mainstreaming axe of atention to children and adolescent who stay in the country

LEARNED LESSONS Is necessary to count with a professional and operative

Consular net ready and clear to assist the guidelines of the foreign policy and of protection designed in favor of Salvadorian childhood and adolescence.

The most effective is the personalized attention which is given from our consular representatives to Salvadorians boys, girls and adolescents.

The necessity of a effective coordination with the migrant authorities of the countries of origin, transit and destiny.

Related to migrant boys, girls and adolescent is necessary to realice campaigns to sensitive to their parents and population in general about the risk faced migrating in a undocumented way which includes trafficking of persons.

THANK YOU VERY MUCH!