Workshop on Migrant and Refugee Boys, Girls, and Adolescents
San José, Costa Rica, March 27-28, 2012
Protocols for the Assistance to Boys, Girls, and Adolescents –
DGME-PANI Bipartite Committee
BEST PRACTICES-COSTA RICA
Background. With the aim of guaranteeing the rights of Costa Rican and
migrant boys, girls, and adolescents a Committee for Boys, Girls and
Adolescents was established, attached to the General Directorate and
composed of representatives from various directorates and projects of the
General Directorate of Migration and Immigration. The primary roles of
the Committee are: a) To assess requests, to channel efforts toward being
informed about cases
that come up and making
relevant
recommendations; b) to collaborate with other institutions in order to
appropriately implement relevant procedures; c) To implement prevention
actions; d) To participate in different inter-institutional committees; e) To
coordinate actions at an institutional and inter-institutional level on
matters relating to children and adolescents.
With the entry into effect of the bylaws to the General Migration and
Immigration Act relating to Boys, Girls, and Adolescents on June 11,
2011, the Committee was formally established. The Committee has
fostered inter-institutional coordination to enable addressing specific
situations faced by Costa Rican and foreign boys, girls, and adolescents in
a comprehensive and coordinated manner.
In December 2010, the first meetings were held with the National
Children’s Board (PANI) on a series of topics that needed to be addressed
jointly with the aim of guaranteeing the rights of boys, girls, and
adolescents.
As a result of the meetings the PANI-DGME Bipartite
Committee was established. The Committee has met regularly at least
once a month, developing the three protocols included below.
Actions.
The following protocols were developed with support from
institutions and agencies such as the Ombudsman’s Office, UNHCR, and
UNICEF, that participated in some sessions:
a. Protocol for the Assistance and Protection of Foreign Unaccompanied or
Separated Boys, Girls, and Adolescents outside their Countries of
Origin.
This protocol will be implemented for unaccompanied or separated boys,
girls, and adolescents that are outside their country of nationality or usual
residence.
The protocol establishes the procedure to be followed by the General
Directorate of Migration and Immigration (DGME) and the National
Children’s Board (PANI) to determine the status of foreign unaccompanied
or separated boys, girls, and adolescents with the aim of identifying and
implementing lasting solutions to meet all their needs for comprehensive
assistance and protection through inter-institutional actions, ensuring
respect for their rights and considering their opinions.
b. Protocol for the Assistance of Foreign Boys, Girls, and Adolescents
whose Fathers, Mothers, Relatives, or Guardians are in the Process of
Being Deported.
This protocol establishes the procedure to be followed by DGME and PANI
to address the situation of accompanied foreign boys, girls, and
adolescents whose fathers, mothers, relatives, or guardians are in the
process of being deported by DGME, with the aim of ensuring
comprehensive protection and implementing the principle of the Child’s
Best Interest for migrant boys, girls, and adolescents.
c. Protocol for Regularization of the Stay of Boys, Girls, and Adolescents
under the Protection of PANI.
The primary objective is to ensure the fundamental right to an identity of
boys, girls, and adolescents with an irregular migration status that are
under the protection of PANI through granting legal status to facilitate
their integration into Costa Rican society.
The protocol is oriented toward those officers of DGME and PANI that will
be in charge of immediate implementation. However, since the boys,
girls, and adolescents in question are foreign nationals, relevant
diplomatic representatives of Costa Rica in the country of origin of each
boy, girl, or adolescent – or diplomatic representatives from countries of
origin in Costa Rica – will be involved in the process with the aim of
collaborating appropriately. Therefore, it is indispensable that the Ministry
of Foreign Affairs of the Republic of Costa Rica is informed about this
document, which is of a public nature.
The three above-mentioned protocols are part of a series of coordination
processes between DGME, PANI, and other institutions.
At DGME, these processes have been strengthened through the
establishment of ESME (a team to address special migration situations)
and UEPME (a specialized unit for the protection of boys, girls, and
adolescents). ESME deals with all those situations that, due to their
specific characteristics, need to be addressed in a special manner to
determine, for each specific case, if this is a situation of trafficking in
persons, a refuge seeker, or a person in some other type of vulnerable
situation. UEPME is composed of officers from each directorate and
regional office of DGME specializing on providing assistance to boys, girls,
and adolescents that are identified as unaccompanied, separated, or in
some other type of vulnerable situation.
The protocols comply with the National Policy on Children and
Adolescents. This policy, which constitutes a milestone in State efforts to
protect the rights of boys, girls, and adolescents, establishes that the
State should guarantee that every boy, girl, and adolescent under its
jurisdiction enjoys the same rights and is not subject to discrimination due
to migration status, nationality, culture, gender, ethnic group, language,
religion, ideology, socio-economic status, area of residence or any
characteristics of parents, guardians, or legal representatives.
In
addition, the policy establishes that all the nationally and internationally
recognized rights of boys, girls, and adolescents involved in migration
processes shall be respected, irrespective of their migration status,
prioritizing access to education, health care, and guaranteeing the right to
family reunification.
The above-mentioned instruments, in addition to being ruled by the
obligation of the State of Costa Rica of complying with implementation of
national regulations and international agreements signed by Costa Rica,
also are ruled by the approaches and principles of the National Policy on
Children and Adolescents.
Approaches: rights, comprehensive
development, age, equality, interculturality, and gender equality.
Principles: the Child’s Best Interest, equality and non-discrimination,
positive discrimination, life, survival and development, participation,
progressive autonomy, confidentiality, non-revictimization, preventing
deprivation of freedom, assuming that the person is under the legal age,
respect for the principle of non-refoulement, and family reunification.
Inter-institutional and international coordination.
Inter-institutional
coordination is essential in addressing the topic in question in a
comprehensive manner and protecting and guaranteeing the rights of boys,
girls, and adolescents. In this regard, the establishment of the PANI-DGME
Bipartite Committee enables jointly addressing situations that require
appropriate coordination. In addition, the participation of other institutions
and agencies has strengthened this process and has enabled validating the
process. UNICEF - Costa Rica collaborated in the development of texts and
provided consultants.
The Protocol for Regularization, the Protocol for Deportation, and
the Protocol for Unaccompanied Boys, Girls, and Adolescents were
developed within the PANI-DGME Bipartite Committee. This Committee
was established with the objective of creating mechanisms that enable
DGME and PANI – within the framework of the development of the joint
work plan – to assist and protect foreign boys, girls, and adolescents with
different migration situations in an efficient and effective manner,
ensuring compliance with the Principle of the Child’s Best Interest at all
times.
The country has taken on the State obligation of guaranteeing the
enjoyment of the fundamental rights for boys, girls, and adolescents.
This State commitment is reflected in the National Policy on Children and
Adolescents 2009-2021, which establishes that Costa Rica – through
ratifying the Convention on the Rights of the Child – has taken on
responsibilities relating to children and adolescents before the
international community which may not be delegated; specifically, in
regard to promoting and guaranteeing the fundamental rights of every
boy, girl, and adolescents, without any discrimination whatsoever due to
origin, ethnic group, social group, or any other condition of the boy, girl,
and adolescent or his/her father, mother, or legal representative. These
parameters include the irregular migration status of the father or mother
or the boy, girl, or adolescent.
The protocols are legally supported by the commitment by the State of
Costa Rica to ensure compliance with the rights of boys, girls, and
adolescents as established in national and international instruments,
which have duly been incorporated into the legal system, particularly the
Convention on the Rights of the Child and General Observation No. 5
(2006) of the Convention on the Rights of the Child, at an international
level, as well as CNA, the National Policy on Children and Adolescents, and
the General Migration and Immigration Act and their bylaws, at a national
level.
Achievements.
Officers of DGME and PANI have been provided with
relevant tools and clearly defined procedures that have been ratified by the
heads of these institutions. In addition, the tools enable other institutions,
NGOs and civil society organizations to validate and follow up on the
procedures that are implemented, identify achievements, and formulate
recommendations.
The above-mentioned tools and procedures:
-
Facilitate the process of regularization of boys, girls, and adolescents
under the protection of the National Children’s Board. To date, several
cases referred by PANI have been addressed.
-
Guide actions to provide assistance to unaccompanied, separated or
vulnerable boys, girls, and adolescents during and outside office hours.
Communication channels and assistance for boys, girls, and
adolescents have been improved at different migration posts.
-
Facilitate analysing the migration status of mothers or fathers of
foreign boys, girls, and adolescents, considering the Child’s Best
Interest.
Furthermore, officers that are members of the specialized unit for assistance
to boys, girls, and adolescents (UEPME) have been trained and specialized.
While the protocols are recent and are just being published, they are already
being used by officers from both institutions. Therefore, the impact of the
protocols is expected to be measured and evaluated in the short and medium
term.
Sustainability. Given that the above-mentioned instruments have been
validated and implemented by officers from both institutions, it is expected
that these officers will take ownership of the instruments and adjust them as
required. In addition, since the protocols have been signed by the heads of
both institutions, it is expected that they will guide efforts and facilitate
continuity, irrespectively of any changes of governments.
Lessons Learned. First, it is highly important to identify critical issues that
need to be addressed in order to guarantee the rights of migrant boys, girls,
and adolescents; promote inter-institutional coordination in addressing these
issues; and validate procedures relating to boys, girls, and adolescents and
the officers in charge of implementing such procedures. In addition, to
design follow-up and evaluation processes and to disseminate best practices
among other institutions, NGOs, civil society, and the general public.
Requirements.
It is important that relevant institutions take on the
commitment of guaranteeing the rights of boys, girls, and adolescents, in
order to coordinate actions, establish common objectives, and design
coordination and communication strategies and mechanisms. It should be
highlighted that involved institutions have been committed to developing the
above-mentioned products in a timely manner, holding meetings and work
sessions in an on-going manner.
Furthermore, the opinions of boys, girls, and adolescents should be
considered in designing policies, protocols, and procedures. Therefore, boys,
girls,
and
adolescents
should
participate
in
design,
validation,
implementation, and evaluation processes.
It is very important that officers involved directly or indirectly in protecting
and guaranteeing the rights of boys, girls, and adolescent specialize on this
topic through on-going and diverse training efforts.
References. Bylaws to the General Migration and Immigration Act relating
to Children and Adolescents, see www.migracion.go.cr. In addition, the
three protocols will be available on the website shortly. To contact members
of
the
DGME
Committee
for
Boys,
Girls,
and
Adolescents:
gjimenez@migracion.go.cr, rvargas@migracion.go.cr.