The number of asylum-seekers in Mexico continued to rise rapidly due to conditions in Central American countries, as well as improved information, legal advice and reception conditions in Mexico. The number of asylum claims in the first half of 2016 rose by 150 per cent over the same period in 2015. The increase was constant throughout the year and is expected to continue in 2017. The increase in the recognition rate may also have played a role, with 64 per cent of claimants recognised as refugees or granted complementary protection by September 2016.
The Government of Mexico made several major commitments at both the San Jose roundtable on forced displacement from Central America and the September Leaders´ Summit on Refugees in New York, including reinforcing the capacity of the Mexican Refugee Commission (COMAR), improving identification of protection needs, and promoting alternatives to detention.
Although the protection capacity of the key authorities (COMAR, National Family Welfare Agency – DIF, National Institute for Migration - INM) will be further reinforced, it will fall short of what is required. Financial and staffing support for key functions of COMAR and DIF are being provided and could have a major impact. The priorities are in relation to continue bolstering staffing and increasing technical capacity of COMAR in the three established offices and opening new offices in areas with concentrations of asylum-seekers, such as Tabasco. The limited capacity of COMAR and lack of presence in border locations and other regions of the country poses a problem to Mexico’s asylum system. The DIF urgently requires additional staff in its Child Protection Authority (Procuraduría) to conduct Best Interest Determination (BIDs) and also to improve reception centres conditions for unaccompanied and separated children (UASC) of concern.
Enforcement efforts by migration authorities will continue to affect traditional migration routes used by asylum-seekers. The population will be further dispersed as new, and often more remote routes, are used and because fewer migrants and asylum-seekers will use traditional shelters to rest and recover from long walking journeys. This will require UNHCR to continuously assess and map emerging humanitarian needs, particularly in relation to shelter. The Office will focus its efforts on long-term shelters used by those seeking asylum and will be careful to minimize large investments in short-term accommodation shelters. UNHCR will work with ICRC, IOM, MSF and other partners to support shelters on new migrant routes as they are established, and strategically intervene at sites with large numbers of potential asylum-seekers and support their rapid transfer to long-term, safer and more appropriate shelters which offer a range of support including legal advice and psychological counselling.
With the establishment of a legal clinic with the Universidad Iberoamericana in 2016, the agreement with Asylum Access and the expansion of the availability of legal assistance to asylum-seekers in shelters will contribute to the strengthening of information and legal advice. This will also benefit COMAR adjudication quality and increase opportunities to promote good practices in refugee status determination (RSD). The number of legal remedies being used by asylum-seekers will lead to greater involvement of administrative – including COMAR’s second instance decision makers – and judicial authorities in RSD. COMAR is expected to adopt its own eligibility manual, contributing to the effective interpretation and systematic use of international guidelines and standards on RSD, in particular in relation to claims being presented by those fleeing the Northern Triangle of Central America (NTCA) countries and escaping situations of criminal violence.
2017