EU Global Promotion of Best Practices for Children in Migration
Mexico's lessons learned
Milestones in protection system strengthening for children on the move
Approval and enactment of the Children’s Rights Law: On December 4th, 2014, the General Law on the Rights of Children and Adolescents (General Law) was published in the Official Journal of the Federation (DOF). This Law, in addition to recognizing all children and adolescents, including migrants and refugees, as rights holders, created the National Comprehensive Child Rights Protection System (SIPINNA) and its Executive Secretariat (SE-SIPINNA).
Increase of Migrant Caravans from Central America to Mexico: In November 2018, more than six thousand people on the move who were part of the “Migrant Caravans” from Central America arrived in Tijuana, seeking asylum in the United States. That year, the National Migration Institute (INM) identified 131,445 irregular people on the move in Mexico, including 29,258 children.
Protocol for the Comprehensive Protection of Children on the Move: SIPINNA adopted the Protocol for the Comprehensive Protection of Rights of Children on the Move on April 30, 2019. This Protocol was jointly developed by the National Institute for Migration, the National Welfare Agency (DIF), Child Protection Authorities (PFPNNA), the Mexican Refugee Commission (COMAR), and the Ministry of Foreign Affairs.
Implementation of the Migrant Protection Protocols: The Migrant Protection Protocols (MPP) Program, known as “Remain in Mexico,” was formalized in 2019, which led to the deportation of more than 60,000 asylum seekers from the United States to Mexico.
Unaccompanied Children’s Process (UC Process): An intergovernmental coordination arrangement was implemented at the Tijuana-San Diego PoE in March 2019, to ensure that unaccompanied children for whom accessing the U.S. protection system is determined to be in their best interest, can do so with appropriate safeguards and supports in place. UNHCR and UNICEF have played a supportive, intermediary role to this process, and have advocated for its expansion across the northern border.
Amendments to the Migration and Refugee, Complementary Protection and Political Asylum Laws: An important amendment to the Migration and the Refugee, Complementary Protection and Political Asylum Laws was published in the DOF by the Mexican Government in November 2020. The amendment harmonized these Laws with the General Law, and consequently, enshrines the principles of non-detention and protection for children and adolescents.
Increase of Children and Adolescents Returned Under Title 42: Since the beginning of the COVID-19 pandemic, deportations from the US increased in application of titles under the US law, such as title 42, which allows express deportation on public health grounds. These deportations especially affected cities on the Northern border of Mexico, causing a significant increase in the number of arrivals of Central American families.
Prohibition of the Detention of Children in Migration Facilities Comes into Force: The amendment to the Migration Law came into force in January 2021. However, the challenges to implement the amendment persist among key partners. Capacities of DIF have been overwhelmed as it now must provide shelter to all unaccompanied children and families on the move identified by migration authorities, as an alternative to detention.
Enactment of Social Assistance Centers Regulations: In June 2022, these regulations came into force with the purpose of managing the organization and internal functioning of the Social Assistance Centers, under the direct administration of DIF, for the care of children and adolescents, deprived of parental care or at risk of losing it.
Launch of the National Care Model for Children on the Move: This Model sets general lines of action for the appropriate alternative care and individualized case management for children sheltered in Social Assistance Centers or other authorized centers, prioritizing their right to live in a family.
Launch of the Children on the Move Information System: In October 2022, the SNDIF and immigration authorities launched the Children on the Move Information System after the completion of the testing period supported by UNICEF. The implementation of this system allows the collection of relevant data such as causes of migration, transit conditions, risk factors, protection measures, and shelter data.
The United States of America and Mexico signed an MoU for the protection of unaccompanied children on the move: A MoU on the binational cooperation for the protection of unaccompanied children on the move was signed between the US and the Mexican governments following the North American Leaders Summit held in Mexico City. With this historical agreement, both governments seek to facilitate safer pathways for unaccompanied children on the move through secure and orderly transfer between countries and to reduce the recurrence of dangerous, irregular movements of children. The purpose of the MOU is to set procedures whereby unaccompanied children on the move may be transferred from Mexico to the United States and enter US government child protection and international protection schemes based on the best interest determination procedure.
Lessons learned
|
Case Management and Data Systems |
To what extent an improved coordination among actors (national authorities, institutions, CSOs, service providers, frontline officials and relevant Committees) lead to improved care and services for children on the move? What are the difficulties still faced by children and by the systems?
|
The transition from a migratory detention system to an alternative care model requires the coordinated efforts of all involved, due to the important political, operational, and financial challenges existing for an adequate protection of children on the move in the country. The improvement of BID processes is essential for reducing the number of “assisted returns” of children to their origin countries, against their will in some cases and often despite having identified potential risks if returned to their countries.
|
|
Is disaggregated data (age, gender and diversity) on child protection services available for refugee, migrant, and returnee children? Has this led to an increased inclusion of children on the move in child protection services? |
In 2022, the PFPNNA launched the Children on the Move Information System. This system collects relevant data such as causes of migration, transit conditions, risk factors, protection measures, and shelter data. The system will inform these data considering disaggregation criteria such as: age, sex, disability, ethnicity, among others.
Every child on the move lives different stories. Some are exposed to rights violations and restricted access to services. Governments must be attuned to these differences to design effective interventions.
By collecting good-quality and disaggregated data, the Government of Mexico will be able to answer the fundamental questions of whether promises were kept, and outcomes achieved. The system can provide key information from which improvements –or retrogression- can be demonstrated, and in consequence, build a protection system that leaves no one behind.
|
|
|
MHPSS programming approaches, including in the context of mixed movements
|
How psychosocial support and mental health services have contributed to improve the wellbeing of boys and girls, male and female adolescents on the move and helped them overcome traumas? |
MHPSS interventions are crucial to support children’s well-being and provide them nurturing care. Through psychosocial activities, children can learn, socialize and have moments of joy and relief. Those safe spaces allow children on the move to “be children” amid harsh living conditions and climate of anxiety. From playing and structuring activities, skilled facilitators motivate, support and contribute to enhance resilience, acting as a protective factor positively affecting children and their experience of displacement.
|
|
What types of activities have proven to be the most effective in building resilience and life skills for children on the move (and their families)? What have children gained? What have adults gained? In which form, if any, they were girls, boys, female and male adolescents empowered?
|
Psychosocial activities, especially well-structured sport activities are a powerful tool to channel children and adolescents’ energy, gain confidence, promote well-being and create a sense of togetherness among them. These activities provide children and adolescents a safe and friendly space for expressing and addressing their emotions and working on their coping strategies and life skills.
UNICEF and UNHCR offered activities dedicated to youth where they reflect and work on their life planning, employability and meet with talented and creative people to enrich their self-knowledge and support their personal and professional development.
Concerning interventions with adults, UNICEF and UNHCR have noted a real need for listening support through the psychological assistance we provide both individually and in groups. Workshops on positive parenting and care practices have proved to be impactful to empower parents and caregivers with skills and rebuild a positive relationship and feel deeper connections between parents and children.
|
|
|
Alternative Care |
What community and family based alternative models, as well as other formal forms of alternative care proved to be effective to protect children on the move along migratory routes?
|
Small open-door residential care facilities integrated to the community, with technical teams specialized in working with adolescents from different social backgrounds, can be effective alternative care strategies to provide shelter in the first weeks of stay in the country of transit or destination. In addition, foster families and independent living models have positive results in providing quality care and support for adolescent migrants. |
|
What are the most efficient and relevant alternative care solutions for unaccompanied and separated children on the move based on their sex, age and vulnerability status?
|
Coordination of shelters and foster care programs with child protection authorities is a key element in establishing rights restitution plans that are adapted to the diversity of social characteristics, vulnerabilities and the best interests of migrant children. |
|
|
What level (political and operational) of uptake and sustainability have been reached? How did it impact the programme?
|
The proposal to generate an alternative care model led by the federal government made it possible to prioritize this issue in the national migration agenda. This acceptance was amplified by the financial investment made by the government so that the changes would occur at the operational level in the shortest possible time and would be sustained over time. This makes it possible to anticipate a greater appropriation of the technical guidelines by alternative care institutions throughout the country. |
|
|
GBV |
How do gender discriminatory norms shape the experiences of children on the move differently? (Can migration be an opportunity to challenge gender norms and roles?) |
Discriminatory gender norms shape the experiences of boys and girls differently because they determine the roles and inequalities they will experience during their displacements. For example, it is more common, although boys and male adolescents are not excluded, for girls and female adolescents to be the main victims of sexual violence.
Gender, along with ethnicity, skin color, socioeconomic level, religion, language, among other characteristics, determine the risks that boys and girls face on migratory routes. Children and adolescents, in particular, may have greater difficulties in communicating or exposing their emotions, which may limit their ability to verbalize their migration experience.
The migratory experience can be an opportunity to question gender norms and roles if girls, boys, adolescents, fathers, mothers, or caregivers participate in activities or are linked to temporary accommodation spaces in which gender-based violence is not only rejected, but also addressed and prevented.
|
|
What roles does gender play in decisions related to migration?
|
Traditional gender roles have a substantial influence on decisions related to migration. Traditional/hegemonic masculinities continue pointing out that men must fulfill the role of economic providers, this social pressure can be decisive in deciding to start migration. Additionally, the mandates of toxic masculinity put men at greater risk during their commutes.
For women, gender-based violence is a determining factor in migration decisions, not only as one of the main causes, but also as an element that they assume will happen somewhere along the way. In addition, the role of caregivers assigned to women contributes to their feeling obliged to show absolute or unconditional disposition towards others, which can influence them to subordinate their migratory decisions to the determinations of men. |
|
|
How can we improve (gender responsive) national systems to make them gender responsive/transformative for children on the move? |
In order to have systems for the protection of children and adolescents on the move that are gender responsive, it is of the utmost importance:
|
