A Comprehensive Strategy to Prevent and Combat the Abduction of Migrants

and Protect their Human Rights

February 2011

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Signing agreements

to coordinate actions

Special assistance to migrants victims

of abduction

An operative plan to

dismantle criminal groups

A communication plan to prevent, inform, and raise

awareness

Procedure to arrest

kidnappers and integrate prior investigations

Lines of

Action

1. SIGNING AGREEMENTS TO COORDINATE EFFORTS

Framework Agreement on Collaboration between Federal Security, Law Enforcement, and Immigration Agencies: the Secretariat of the Interior (SEGOB), the Secretariat of Public Security (SSP), the Attorney General’s Office (PGR), and the National Human Rights Commission (August 31, 2010). Coordination efforts to prevent and combat the abduction of migrants.

Establishing the Working Group on the Framework Agreement and Meetings of the Technical Support Group (Nov. 2010 - Jan. 2011). Agreements: Dissemination campaigns on the rights and duties of migrants victims of crime; joint training efforts for civil servants on respect for human right and assistance to victims of crime; mechanisms to exchange information to support the persecution of crime; actions to ensure comprehensive assistance and access to justice for migrants victims of crime.

Agreements of the Federation with Governments from the States of Chiapas, Campeche, and Tabasco (September, 2010). Specific actions were established regarding assistance to migrants victims of crime, effective access to justice, and respect for their human rights, through coordination between the National Institute for Migration (INM) and justice procurators and human rights commissions at a state level. Pending: Agreements with Oaxaca, Veracruz, Tamaulipas, and San Luis Potosí.

2. OPERATIVE PLAN TO DISMANTLE CRIMINAL GROUPS

Protocols on Information Exchange with PGR, the National Investigation and Security Centre (CISEN), and SSP to support persecuting the crimes affecting migrants, based on information provided by migrants to INM about relevant cases (abduction, extortion, migrant smuggling, etc.)

Protocol on Information Exchange between INM and the Secretariat for Communication and Transportation (SCT) about train routes, migrant records, geographic location of train stations, characteristics of the trains, and schedules of the railway of the Gulf Coast, Pacific Coast, including the Tehuantepec Isthmus.

INM strengthened effort in matters of immigration control, through immigration checkpoints on roads and railroads. In 2010, a total number of 9,298 immigration control actions were carried out on roads and 1,099 on railroads throughout the country. In addition, 470 detention operations were implemented on roads and railroads in January 2011, and 1,020 foreign nationals were detained, primarily Central American nationals.

INM initiated implementation of joint operations in the southern region in August 2010 and in the central region in October 2010, with participation of the National Secretariat of Defence (SEDENA), the Secretariat of the Navy (SEMAR), PGR, and PF.

3. COMMUNICATION PLAN TO PREVENT, INFORM, AND RAISE AWARENESS

“Secuestro a migrante” (Migrant Abduction) Campaign. The purpose of this campaign was to inform migrant populations about actions and services provided by SEGOB in various spheres of democratic governance, highlighting the risks associated to entering the country in an undocumented manner as well as the rights of migrants in Mexico. Disseminating informative brochures in 7 languages about the rights of migrants, their arrival at immigration stations (making denouncements, receiving medical care, legal assistance and representation, due process, consular assistance, applying for refugee status, etc.) In addition, posters with information about the rights and duties of migrants have been displayed in all immigration stations in the country in visible areas and in the above-mentioned languages.

A book on the rights and duties of migrants victims of crime was developed, which will be distributed at immigration stations and various victim assistance centres of SSP, PGR, and the National Human Rights Commission.

A training course on the rights of migrants victims of criminal actions will be held from March to August 2011, in coordination with SSP, PGR, and the National Human Rights Commission. The course will be oriented toward federal agents of INM, particularly in the states of migrant transit routes.

4. ARRESTING KIDNAPPERS AND INTEGRATING PRIOR INVESTIGATIONS

Ongoing Coordination and Communication between INM, SIEDO, and FEVIMTRA to exchange information about identification of migrants victims of crime; facilitate assistance and investigation of crimes which affect migrants, including denouncements; hand over arrested persons to the relevant authorities in a timely manner; and formulate and ratify lawsuits in order to initiate, integrate, and establish the corresponding prior investigations.

SSP coordinates direct actions against gangs of kidnappers, working in collaboration with SEDENA, SEMAR, PGR, SSP, and CISEN to carry out operations in rescue and security centres for migrants victims of crime.

5. SPECIAL ASSISTANCE FOR MIGRANTS VICTIMS OF ABDUCTION

The INM Manual of Immigration Criteria and Procedures that came into effect on April 30, 2010, considers granting an Immigration Form for Non-Immigrant Visitors for International Protection and Humanitarian Reasons to migrants who are victims or witnesses of a crime and wish to stay in the country to follow up on the criminal procedure. On September 3, 2010, Official Note INM/334/2010 was issued, with directions for INM officers regarding the procedure to be followed to detect, identify, and provide assistance to foreign nationals victims of crimes. The official note will be published in the Official Federal Newspaper shortly. On October 4, 2010, INM published a “Guide for Interviews to Identify Victims of Crime”, as a tool for INM officers, to facilitate identifying foreign nationals who are victims of crime and thus, provide the necessary assistance to them.

Migrants victims of crime in custody of INM are transferred to make a denouncement, and a reflection period is respected so that they can determine if they want to stay in the country in a legal manner or if they want to be repatriated to their country of origin. In 2010, INM provided assistance to 226 foreign nationals affected by the crime of abduction, 80 of whom were granted a visa for humanitarian reasons.

PROTECTION OF MIGRANTS

BETA GROUPS

• 16 Migrant Protection Groups composed of 173 members are operating at a national level, and 4 Beta Groups are to be established in 2011: 1 in Oaxaca (Ixtepec) and 3 in Chiapas (Arriaga, Palenque, and Tuxtla Gutiérrez).

• The groups conduct reconaissance patrolling actions in border regions in seven states in the country: Baja California, Sonora, Chihuahua, Coahuila, Tamaulipas, Chiapas, and Tabasco; and in migrant transit locations, such as Veracruz.

• They identify migrants in potential risk situations.

• In 2010, guidance and assistance was provided for more than 200,000 migrants; 4,000 were rescued from dangerous places; 760 injured persons were assisted (8 of them disabled); 190 missing persons were found; and legal assistance was provided to 47 migrants.

PROTECTION OF MIGRANTS

UNACCOMPANIED BOYS, GIRLS, AND ADOLESCENTS

• INM has 321 Federal Immigration Officers working as Child Protection Officers (OPIs) at the 32 delegations of INM.

• 10 modules for assistance to unaccompanied migrant boys, girls and adolescents are in place: 10 at the northern border and 4 at the southern border.

• OPIs are selected according to a profile developed by the National System for the Comprehensive Development of Family.

• Foreign migrant boys, girls, and adolescents that have been returned to their country of origin in an orderly and safe manner:

January-November 2010

Total number of under-age persons: 4,517

Unaccompanied: 2,664

PROTECTION OF MIGRANTS

REPATRIATION OF CENTRAL AMERICAN NATIONALS

• Memo of Understanding between Mexico, El Salvador, Guatemala, Honduras, and Nicaragua, to ensure an orderly, expedited, and safe repatriation of migrants by land (May 2006).

• INM covers the expenses to transfer detained persons.

• Specialized assistance is provided to vulnerable groups such as pregnant women, under-age persons, persons with different disabilities, and adults over the age of 60 years.

• 49,143 Central American nationals were repatriated to their countries of origin from January to November 2010 under this Memo (82% of the total number of repatriated Central American nationals).

• In addition, 4,320 boys, girls, and adolescents with a removal order were returned to the above-mentioned Central American countries, accounting for 7.2% of the total number of persons repatriated to these countries.

IMMIGRATION BILL• Constitutes the legal basis for the immigration policy of the State of Mexico (consultation by SEGOB to other institutions of the federation, states, and municipalities; the Legislative Power; civil society; experts and academics)

• It is the result of a wide consultation process between the Executive and the Legislative Power; considers the bills of various parliamentary groups of the past three legislatures; compared legislation; consultations to specialists and social organizations; and takes into account recommendations in matters of human rights.

• In November 2010, a working group was established at the Commission for Population and Development of the Senate of the Republic.

• The bill – signed by various parliamentary groups – was submitted on December 9, 2010.

• Consultations are currently being held with experts and civil society organizations, and the Senate intends to issue a decision in February. Wide consensus exists at the Chamber of Deputies, as well as an interest in approving the bill during this legislative period.

IMMIGRATION BILL

Protection of Migrants • Guarantees the rights of migrants irrespective of their migration status.• Grants legal status to migrant protection groups (Beta Groups and OPIs).• Regulates special procedures to provide assistance to unaccompanied boys, girls, and adolescents and persons in vulnerable situations.• Establishes specific actions to ensure the right to information, due process, and access to justice for migrants, especially victims of criminal actions.• Includes a section with provisions on the protection of migrants in transit through national territory.

Modernizing Migration Management• Replaces the current system of more than 38 migration categories, characteristics, and modes by a simple system of conditions for stay which facilitates entering the country in a documented manner: visitors, temporary residents, and permanent residents.• Establishes the family unit and humanitarian protection as core components of immigration policy.• Eliminates provisions promoting arbitrariness and corruption by immigration authorities.

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IMMIGRATION BILL

Strengthening Security • Establishes the use of technology and interconnectivity of systems and data bases between various government institutions. • Establishes the obligation for carrier companies to submit information about passengers and crew in advance to the National Institute of Migration (INM).

Distributing Competencies• Grants legal status to the National Institute of Migration.• Establishes bases for the Evaluation and Reliability Control Centre of INM and lays the groundwork for a system to professionalize immigration services.• Establishes competencies and obligations for all authorities linked to the topic of migration and establishes coordination obligations to prevent and support persecution of criminal actions against migrants.

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