The State of Child Trafficking in Mexico and Central America: Legal Frameworks, Best Practices, and Data Collection Covenant House International

Transcription

1 The State of Child Trafficking in Mexico and Central America: Legal Frameworks, Best Practices, and Data Collection Covenant House International Team: Dara MacDonald Nicole Margaretten Meghan McDonough Elizabeth Wyner

2 Agenda Team Introduction Client Organization o Covenant House in Latin America Rationale and Final Deliverables Findings: State of Child Trafficking in Mexico / Central America Findings: Monitoring and Reporting on Child Trafficking o Best Practices in Data Collection with Survivors of Trafficking o Casa/La Alianza s Trafficking Interview and Reporting Tool: o o Administration Guidelines Qualitative Interview Guide on Trafficking in Persons Trafficking Reporting Tool Implementation Challenges

3 Client Organization Covenant House International Covenant House was founded in 1972 with a simple, profound mission to help homeless youth escape the streets. Today, with houses in 22 cities throughout the United States, Canada, and Latin America, Covenant House s shelter facilities provide at-risk youth with the resources and services they need to break the cycle of chronic adult homelessness and bridge the gap of support in these youths lives. In order to achieve this, Covenant House has developed three core services known as the Continuum of Care: Street Outreach, Crisis Care, and Rights of Passage. 3

4 Covenant House in Latin America Fundación Casa Alianza Mexico La Alianza Guatemala Casa Alianza Honduras Casa Alianza Nicaragua 4

5 Rationale Final Deliverables Little reliable data to assess the magnitude of problem in Mexico and Central America Disconnect in the current monitoring procedures Casas, due to the legal frameworks in each country Though the staff provides excellent services, the organization has been unable to systematically assess the extent of trafficking 1. A report on the legal frameworks in place on the international and national levels in Mexico, Guatemala, Honduras, and Nicaragua 2. A report on best practices and recommendations for monitoring and reporting on child trafficking 5

6 Findings: The State of Child Trafficking in Mexico / Central America The team created a report on the State of Trafficking in Mexico and Central America, which contains the following: Multilateral Legal Efforts: o UN Convention on the Rights of the Child Optional Protocols o ILO Convention on the Worst Forms of Child Labour o UN Convention on Transnational Organized Crime o o Palermo Optional Protocols Inter-American Convention on International Traffic in Minors Central American Parliament Initiative U.S. Department of State Trafficking in Persons Report National Legal Efforts Implementation Challenges

7 Findings: Palermo Definition of Human Trafficking The Optional Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children contains the authoritative definition of human trafficking: Trafficking in persons shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs;

8 Findings: National Legal Efforts of Note Mexico: Trafficking law created in Updated to broaden definition in Very detailed and covers all types of exploitation. Difficult to prosecute because of high burden of proof. Guatemala: Child protection system based on Adoption Law Trafficking law created in Detailed definition. Difficult to prosecute because of systemic challenges. Honduras: Trafficking law brought up to international standards in August Until then trafficking incorrectly classified as Commercial Sex Exploitation under the Honduran Penal Code. Due to the newness of this reform there still seems to be confusion in the country surrounding the definition of trafficking. Nicaragua: Highest ranked of these 4 countries by the U.S. Department of State s 2012 Trafficking in Persons Report. Prior to 2012, it was the worst. Had the trend continued the country would ve suffered sanctions by the U.S. government. Nicaragua s First Couple has made combating trafficking a priority.

9 Findings: Legal Implementation Challenges Judicial system Excessively high caseloads, judicial corruption, and ignorance of relatively new trafficking laws and their application Law enforcement Insensitive to the possibility of re-victimizing a child or who are ignorant of the legal definitions of trafficking Frequent turn-over due to anti-corruption efforts or political instability Difficult to track and prosecute child trafficking Often tied to small and large organized criminal networks, inter-regional migration, and patterns of poverty and inequality Few estimates exist on the scale of child trafficking; civil society indicates that the frequency is likely much higher

10 Findings: Monitoring and Reporting on Child Trafficking Best Practices in Data Collection with Survivors of Trafficking Casa/La Alianza s Trafficking Interview and Reporting Tool: Administration Process Qualitative Interview Guide on Trafficking in Persons Trafficking Reporting Tool

11 Trafficking Interview and Reporting Tool: Administration Process Step 1 2 Conduct a 3 4 Create a secure codebook in the National Office semistructured qualitative interview Repeat the interview every six months Fill out Child Trafficking Reporting Tool Details Assign codes to each child in program Input linked codes in locked MS Excel file Store file with program area Using qualitative interview guide developed from three country tools Adjustments for country / child situation To serve as comparison from baseline To supplement information initially gathered from child Survey-style tool to transmit key information Keeps client information confidential and streamlines data for NYC office 11

12 Qualitative Interview Guide on Trafficking in Persons Administered by licensed psychologists or social workers previous treatment relationship Semi-structured guide to be adapted in language and content to country and child reality Key Sections: 1. Introduction: assent, voluntariness, confidentiality 2. Opening questions 3. Transfer and migration 4. Remunerated sexual relations 5. Child pornography 6. Forced labor

13 Child Trafficking Reporting Tool Based on Palermo Protocol definition of trafficking Designed to be confidential and non-identifiable for child protection 5 Primary Questions: 1. Type of trafficking (i.e. prostitution, forced labor, slavery, etc.) 2. Occurrence of recruitment, transport, transfer, or reception 3. Use of undue influence (i.e. threat, coercion, fraud, etc.) 4. Frequency 5. Time period

14 Best Practices in Data Collection with Survivors of Trafficking Assign licensed psychologists and social workers on staff to administer the survey Staff Training + Preparation Provide training in research methods with vulnerable populations to staff are not licensed practitioners Training workshops should include expertise from: A national researcher experienced in ethics + methodology of working with vulnerable children A nationally licensed lawyer able to address the national definition of trafficking + the Palermo definition as used in the Child Trafficking Reporting Tool.

15 Best Practices in Data Collection with Survivors of Trafficking Ethical Guidelines For Conducting Interviews Do no harm Prioritize the child s wellbeing Avoid re-victimization Inform the child of an interview s purpose Obtain assent from the child Ensure voluntary participation Establish an atmosphere of trust Maintain strict confidentiality Model good conduct

16 Implementation Challenges Local staff training: recommendation for training in research methods with vulnerable populations Local staff capacity: high workload and time-consuming nature of qualitative interviewing Difficulty of collecting accurate and complete data with children who have suffered trauma avoiding re-victimization Difficulty of harmonizing procedure across country offices Integration with existing and planned electronic case management software 16

17 The Covenant House team would like to thank the following people for their invaluable help with our project: Arlene Lozano Garcia, Associate Vice President for Latin America Peggy Healey, SVP for Latin America Casa/La Alianza National Directors and Local Staff: Sofía Almazán (National Director), Fundación Casa Alianza México Carolina Escobar Sarti (National Director), La Alianza Guatemala María José Argüello (National Director), Casa Alianza Nicaragua José Guadalupe Ruelas García (National Director), Casa Alianza Honduras José Manuel Capellín (Former National Director), Casa Alianza Honduras Dean Urbano Garza, Faculty Advisor Eugenia McGill, Workshop Director Ilona Vinklerova, EPD Concentration Manager

18 Questions