INTER-AMERICAN PROGRAM FOR THE PROMOTION AND PROTECTIONOF THE HUMAN RIGHTS OF MIGRANTS, INCLUDINGMIGRANT WORKERS AND THEIR FAMILIESJanuary 14, 2013
Background 1996 -2005 • In 1996 was created the Rapporteurship on the rights of migrants and their Families in the IACHR • Over the years, the Commission has been following up on the main challenges facing by asylum seekers, refugees and persons in the need of complementary protection in human rights and international refugee law. • It has done, among others, the following reports: • Report on the Situation of Human Rights of Asylum Seekers in the Canadian System Framework Determining Refugee Status; • Report in the Access to Justice and Social Inclusion: The Road towards Strengthening Democracy in Bolivia;
Background 1996 -2005 • Additionally, the Rapporteurship undertakes visits to OAS member status in order to monitor in situ the conditions of migrant workers and their families: • United States (1998) • Canada (2000) • Guatemala (2003) • Mexico (2003) • Costa Rica (2003) • Following a specific mandate advanced by the Heads of States and Government during the Third Summit of the Americas and a Specific Resolution by the OAS General Assembly (AG/RES. 1928 (XXXIII-O/03), the Special Rapporteurship actively participates in the discussion and preparation of an Inter-American Program for the Protection and Promotion of the Human Rights of Migrants.
PROCES 2000- 2005 Plan of Action I Summit (1994)“Guarantee the protection of the human rights of all migrant workers and their families. Declaration II Summit (1998) “We will make a special effort to guarantee the human rights of all migrants, including migrant workers and their families.” Plan of action with special chapter CONSIDERING: The report of the Chair of the Committee on Juridical and Political Affairs concerning the human rights of all migrant workers and their families(CP/doc.3327/00), (+) The annual report of the Inter-American Commission on Human Rights (IACHR), especially the chapter on the situation of migrant workers and their families THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES AG/RES. 1717 (XXX-O/00) The report of the Chair of the Committee on Juridical and Political Affairs concerning the human rights of all migrant workers and their families(CP/doc.3327/00), (+) The annual report of the Inter-American Commission on Human Rights (IACHR), especially the chapter on the situation of migrant workers and their families (+) The exchange of views conducted, in the context of the Committee on Juridical and Political Affairs, with the International Organization for Migration (IOM), the Inter-American Commission on Human Rights (IACHR), and the Inter-American Agency for Cooperation and Development (IACD), in which, given the multiple dimensions of the issues affecting migrant workers and members of their families and of the activities of each of those bodies, participants concluded that an interagency approach was needed and that it would be advisable to undertake joint cooperation programs in this field; and AG/RES. 1775 (XXXI-O/01) 6. To request the Permanent Council, in accordance with the provisions of the chapter on migration in the Plan of Action of the Third Summit of the Americas, to: a. Study the adoption of measures designed to strengthen cooperation among states to address, with a comprehensive, objective, long-term approach, the manifestations, origins, and effects of migration in the region, as well as promote close cooperation among countries of origin, transit, and destination so as to ensure the protection of the human rights of migrants; and b. Prepare an inter-American program for the promotion and protection of the human rights of migrants, with the assistance of the appropriate organs and agencies of the inter-American system and of the United Nations. Declaración III Cumbre (2001) We recognize the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin. We are committed to ensuring dignified, humane treatment with appropriate legal protections, defense of human rights, and safe and healthy labor conditions for migrants. We will strengthen mechanisms for hemispheric cooperation to address the legitimate needs of migrants and take effective measures against trafficking in human beings. Plan of action “Establish an inter-American program within the OAS for the promotion and protection of the human rights of migrants, including migrant workers and their families, taking into account the activities of the IACHR and supporting the work of the IACHR Special Rapporteur on Migrant Workers and the UN Special Rapporteur on Migration”;
PROCES 2000- 2005 * AG/RES. 1898 (XXXII-O/02) * AG/RES. 1928 (XXXIII-O/03) TAKING NOTE of the document entitled “Inter-American Program for the Promotion and Protection of the Human Rights of Migrants in the Framework of the Organization of American States” (CP/CAJP-2038/03); 5. To instruct the Permanent Council: a. To convene a special meeting of the Committee on Juridical and Political Affairs for this year, at which the Committee will begin, without delay, to prepare a Program with a view to its eventual adoption, starting from the draft presented by the Inter-American Commission on Human Rights (CP/CAJP-2038/03); and b. To continue supporting the work of the ICHR in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights and those of the IOM. . 6. To request the Inter-American Agency for Cooperation and Development (IACD) to strengthen communication and coordination with the ICHR, the IOM, ILO, and other pertinent organizations, agencies, and entities and, in that context, to follow up in particular on IACD partnership-for-development activities, under the Strategic Plan for Partnership for Development 2002-2005, related to the situation of migrant workers and members of their families. Declaration of Nuevo León (2004) We underscore the importance of cooperation between countries of origin, transit, and destination, to ensure the full protection of human rights of all migrants, including migratory workers and their families, and the observance of labor laws applicable to them, in accordance with the commitments agreed to in the Santiago and Quebec City Summits. We support the adoption of programs for orderly migration as a factor of economic and social development; and we will cooperate in the fight against trafficking in persons, which especially affects women and children. AG/RES. 2027 (XXXIV-O/04) AG/RES. 2130 (XXXV-O/05) THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES AG/RES. 2141 (XXXV-O/05) INTER-AMERICAN PROGRAM FOR THE PROMOTION AND PROTECTION OF THE HUMAN RIGHTS OF MIGRANTS, INCLUDING MIGRANT WORKERS AND THEIR FAMILIES The Annual Report of the Inter-American Commission on Human Rights to the General Assembly, in particular the chapter on the Sixth Progress Report of the Special Rapporteurship on Migrant Workers and Their Families (CP/doc.3984/05); (+) CONSIDERING the Draft Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families (CAJP/GT/TM-24/05 rev. 7), prepared by the Working Group of the Committee on Juridical and Political Affairs,
Background • The program provides a range of activities, guidelines, and best practices to be observed by the OAS Member States, international organizations, and civil society in general. • Instructed the Secretary General, in accordance with Article 113 of the OAS Charter, to develop a work plan which organize specific activities assigned to the organs, agencies and entities responsible. • The Program established as a monitoring mechanism to ensure implementation of the presentation by the actors of the program, a report of the actions taken in the course of a year.
General Objectives • Promotion and protection of the human rights of migrants, including migrant workers and their families, through, inter alia, the identification and implementation of cooperative actions and the exchange of best practices. • Integration of considerations relating to the human rights of migrants and their families into the work of the organs, agencies, and entities of the OAS, taking into consideration a gender perspective. • Linkage of the work of the organs, agencies, and entities of the OAS with the activities of states, multilateral organizations, and civil society, including the migrants themselves and their families.
Specific Objectives 1. Promotion of the exchange of best practices and cooperation among sending, transit, and receiving countries in order to fully respect and protect the human rights of all migrants, including migrant workers and their families. 2. Effective and efficient migration management, through the exchange of best practices with a view to achieving organized, fair, and controlled migration processes, which may constitute a factor in economic and social development and take family interests into account, including family reunification. 3. Promotion of international cooperation to deal with the diverse causes of migration, as well as its effects and impact on the sending, transit, and receiving societies. 4. Attention to the special needs of vulnerable groups of migrants, including children, women, indigenous persons, persons of African descent, and persons with disabilities, among others.
Specific Objectives 5. Attention to the needs of persons in transit and receiving countries who may be vulnerable, such as low-income families and individuals, and persons living in regions, or working in economic sectors, with high proportions of migrants. 6. Prevention and technical cooperation in the fight against trafficking in persons, investigation and criminal prosecution of the persons responsible for this crime, and protection and assistance to victims of trafficking. 7. Prevention and technical cooperation in the fight against the smuggling of migrants, and investigation and criminal prosecution of migrant smugglers. 8. Promotion of orderly migration and support for migrant programs that permit social inclusion in the receiving countries, consistent with each state’s domestic legal framework and applicable international human rights law.
Specific Objectives • Promotion of a more effective exchange of information on legislation and migration policies. • Education and dissemination of information on human rights, migrants’ rights and responsibilities, and legal channels for migration and access to social services. • Promotion of activities against manifestations or acts of racism, racial discrimination, xenophobia, and related forms of intolerance against migrants, and recognition of the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin. 12. Strengthening of or participation in, as applicable, transnational networks and forums for dialogue among migrant organizations, and support for the work of multilateral entities and civil society organizations.
Specific Objectives • Inclusion of the human rights of migrants as a crosscutting issue in all the relevant activities undertaken by the OAS. • Promotion of public policies, facilitation of practices, and, when requested, advice on legislative issues aimed at the inclusion of migrants in the transit and receiving societies,consistent with each state’s domestic legal framework and with applicable international human rights law, with special emphasis on the rights related to health, education, labor, culture, nondiscrimination, and against violence, intolerance, racism, and xenophobia. 15. Development and support of programs for the reintegration of migrants and their families into the countries of origin.
Specific Objectives • Protection of the rights of migrants and their families under immigration proceedings, consistent with each state’s domestic legal framework and applicable international human rights law, including the rights to a fair trial, protection from arbitrary arrest, due process of law, and equality before the law. • Information, notification, communication, and consular assistance, in accordance with the obligations of the states parties to the Vienna Convention on Consular Relations of 1963. • Facilitation of political participation by migrants and their families in their countries of origin. • Promotion of measures aimed at fulfilling the objectives of reducing the transfer costs of remittances. 20. Promotion and protection by states of origin of the human rights of the families of migrant workers who stay in their countries of origin, paying special attention to children whose parents have emigrated.
WORK PLAN Instruct the Secretary General to provide a work plan to undertake the specific activities listed in this section, including the specific organs, agencies, and entities of the OAS that will carry them out, pursuant to Article 113 of the Charter of the Organization of American States, and instruct the organs, agencies, and entities of the OAS to undertake the following actions:
ACTORS GENERAL SECRETARIAT • Office for the Promotion of Democracy (OPD)/ Secretariat for Political Affairs • Executive Secretariat for Integral Development • Department of Social Development and Employment – DDSE • Human development, education and culture • Secretariat for Multidimensional Security • Secretaría de Cumbres • Department of International Law MULTILATERAL ORGANIZATIONS INTERAMERICAN SYSTEM OTHER ACTORS Inter-American Commission on Human Rights (IACHR) and the Special Rapporteurship on Migrant Workers and Their Families Inter-American Commission of Women (CIM) Inter-American Children’s Institute (IIN) Inter-American Agency for Cooperation and Development (IACD) Pan American Health Organization (PAHO) STATES - unilateral, or bilateral or multilateral, and may even use intergovernmental forums on migration, such as: RCM, SCM, OCAM, MERCOSUR, CAN, CARICOM, Ibero-American Federation of Ombudsmen Other implementers • Migrants • Civil society organizations • Inter-American Institute of Human Rights (IIHR) • International Organization for Migration (IOM) • Office of the United Nations High Commissioner for Human Rights (OHCHR) and the Special Rapporteur on the Human Rights of Migrants • Office of the United Nations High Commissioner for Refugees (UNHCR) • International Labour Organization (ILO)
PROGRAM FOLLOW-UP ACTIVITIES ACCIONES DE SEGUIMIENTO DEL PROGRAMA • The organs, agencies, and entities of the OAS will include actions aimed at implementing the activities listed in this Program in their annual reports to the General Assembly of the Organization. Furthermore, member states of the OAS will be invited to report on the specific optional activities suggested in this Program. • The Permanent Council shall consider convening, through the Committee on Juridical and Political Affairs, an annual meeting, to be attended by the Program implementers, in order to exchange best practices, information, and new proposals for inclusion in this initiative. The Program implementers and the states will have the opportunity at this meeting to present the contributions mentioned in the preceding paragraph. • In order to guarantee appropriate Program follow-up, the Permanent Council through the CAJP will convene, starting in 2006 and prior to the Summits of the Americas, a meeting of experts to review the progress of the Program and submit recommendations to the Summits of the Americas. In its work, the meeting of experts shall consider the contributions submitted by the organs, agencies, and entities of the OAS and by the member states, as well as the conclusions of the annual meetings convened by the CAJP.
Tipos de actividades reportadas • Training • Asylum and refuge • Migration and employment • Prevention of international abduction and sexual exploitation of children and adolescents • Labor rights of migrant workers • Human Trafficking • Rights of vulnerable populations including migrants • Projects • Studies • Information tools • Dissemination of information • Technical assistance • Forums and seminars To find the reports click here: http://www.oas.org/consejo/cajp/Migrant_default.asp
HUMAN AND FINANCIAL RESOURCES • In addition to the existing resources in the Regular Fund of the program-budget of the Organization, a specific voluntary fund, to be administered by the Summits of the Americas Secretariat, will be established to contribute to funding the activities assigned to the organs, agencies, and entities of the OAS in support of this Program. The CAJP will determine the use of such funds. This notwithstanding, the Program implementers may allocate and obtain funds to carry out the specific optional activities. A proposal was already presented but was not approved. • The political organ responsible for Program execution will be the CAJP, which, for this purpose, will receive support from the unit within the General Secretariat assigned for this purpose.