That the Heads of State and Government, gathered at the Third
Summit of the Americas, recognized the cultural and economic
contributions made by migrants to receiving societies as well as to
their communities of origin and committed to ensure dignified, humane
treatment with applicable legal protections and to strengthen mechanisms
for hemispheric cooperation to address their legitimate needs;
That in the Declaration of Nuevo León, at the Special Summit of
the Americas, the Heads of State and Government highlighted the
importance of cooperation among countries of origin, countries of
transit, and receiving countries to ensure full protection of the human
rights of all migrants, including migrant workers and their families,
the defense of human rights, and safe and healthy labor conditions for
migrants, and to take
effective measures against trafficking in human beings;
That practically all countries are countries of origin, countries
of transit, and receiving countries for migrants and have the authority
to regulate the immigration of persons into their territories, in
accordance with international law, including international human rights
law;
The positive contributions often made by migrants, both to their
countries of origin and to the receiving countries, including their
gradual incorporation into the receiving societies, and the efforts made
by some receiving countries to integrate migrants;
The entry into force of the International Convention on the
Protection of the Rights of All Migrant Workers and Members of their
Families, on July 1, 2003; the installation and initiation of work of
the Committee for the Protection of the Rights of All Migrant Workers
and Members of their Families; and the entry into force of the Protocol
against the Smuggling of Migrants by Land, Sea and Air, on
January 28, 2004;
Advisory Opinion OC-16, issued by the Inter-American Court of
Human Rights, on the Right to Information on Consular Assistance in the
Framework of the Guarantees of Due Process of Law;
Advisory Opinion OC-18, issued by the Inter-American Court of
Human Rights on September 17, 2003, on the Juridical Situation and
Rights of Undocumented Migrants; and
The judgment issued by the International Court of Justice on
March 31, 2004, in the case of Avena and other Mexican nationals;
1.
To vehemently condemn manifestations or acts of racism, racial
discrimination, xenophobia, and related forms of intolerance against
migrants, as well as all forms of racism, racial discrimination,
xenophobia, and related forms of intolerance with respect to access to
employment, professional training, housing, instruction, health
services, social services, and services to the public.
2.
To reaffirm the duty of states parties to the 1963 Vienna
Convention on Consular Relations to comply with that convention,
including the right to communication between consular officers and their
nationals in case of detention and the obligation of the states parties
in whose territory the detention occurs to inform the foreign national
of that right; and, in that connection, to call the attention of states
to Advisory Opinion OC-16 of the Inter-American Court of Human Rights
and to the ruling of the International Court of Justice on March 31,
2004, in the case of Avena and other Mexican nationals, on the
obligation to comply with Article 36 of the Vienna Convention.
3.
To call the attention of the states to Advisory Opinion OC-18 of
the Inter-American Court of Human Rights, which holds that the migratory
status of a person cannot constitute a justification to deprive him of
the enjoyment and exercise of human rights, including those of a
labor-related nature.
4.
To encourage dialogue and cooperation among the member states so
as to improve their migration policies and practices with a view to
providing adequate protection to all migrants, migrant workers, and
their families.
5.
To urge member states to consider the signature and ratification
of, ratification of, or accession to the inter-American human rights
instruments, as the case may be, and to take the necessary measures to
guarantee the human rights of all migrants, including migrant workers
and their families.
6.
To acknowledge with appreciation the entry into force of the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families; and, accordingly, to urge member
states to consider, as appropriate, signing and ratifying that
instrument.
7.
To instruct the Permanent Council:
a.
To renew the mandate of the Working
Group of the Committee on Juridical and Political Affairs to Prepare an
Inter-American Program for the Promotion and Protection of the Human
Rights of Migrants so that, as soon as possible, it may draft the
proposed Inter-American Program for the Promotion and Protection of the
Human Rights of Migrants, on the basis of the draft presented by the
Inter-American Commission on Human Rights and the proposals of member
states, specialized organizations, and other bodies, in accordance with
the mandate of the Summits of the Americas held in Quebec City.
b.
To convene a special meeting of the
Working Group during the third quarter of 2004, to facilitate the
drafting of the Program, with the participation of government experts,
relevant organs, agencies, and entities of the inter-American system,
other international organizations, and civil society organizations,
pursuant to the Draft Agenda attached to this resolution.
c.
To continue supporting the work of the
IACHR 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 International Organization
for Migration (IOM).
8.
To instruct the relevant organs, agencies, and entities of the
Organization to support, upon request, the efforts of the Working Group
and to participate actively in the drafting of the proposed
Inter-American Program.
9.
To request the Inter-American Agency for Cooperation and
Development (IACD) to strengthen communication and coordination with the
IACHR, the IOM, the International Labour Organization (ILO), and other
pertinent organizations, agencies, and entities and that, in that
context, it follow up in particular on IACD partnership-for-development
activities, under the Strategic Plan for Partnership for Development
2002-2005, related to the status of the situation of migrant workers and
members of their families.
10.
To recommend to the Inter-American Commission on Human
Rights that it:
a.
Consider the advisability of participating in joint cooperation
projects conducted by the IACD in this area;
b.
Continue supporting the Working Group to Prepare an
Inter-American Program for the Promotion and Protection of the Human
Rights of Migrants through the Office of its Special Rapporteur for
Migrant Workers and Their Families in the Hemisphere;
c.
Provide the Office of the Special Rapporteur with the necessary
and appropriate means to perform his or her duties, within the resources
allocated in the program-budget and other resources; and
d.
Present to the Permanent Council a report on the status of the
rights of all migrant workers and their families prior to the
thirty-fifth regular session of the General Assembly.
11.
To invite the member states, permanent observer states, organs,
agencies, and entities of the inter-American system, and others to
contribute to the Voluntary Fund of the Office of the Special Rapporteur
for Migrant Workers and Their Families of the IACHR.
12.
Also to invite the member states to consider inviting the Special
Rapporteur for Migrant Workers and Their Families in the Hemisphere to
visit their countries so as to perform his or her functions effectively.
13.
To urge all member states of the Organization to participate
constructively in the International Labour Conference, to be held in
June 2004, with a view to achieving consensus on the consideration of
its agenda item “Migrant workers (general discussion based on an
integrated approach).”
14.
To request the Permanent Council to report to the General
Assembly at its thirty-fifth regular session on the implementation of
this resolution, which shall be carried out in accordance with resources
allocated in the program-budget of the Organization and other resources.
AGENDA FOR A SPECIAL MEETING
OF THE WORKING GROUP OF THE
COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS TO PREPARE AN
INTER-AMERICAN PROGRAM WITHIN THE OAS FOR THE PROMOTION AND PROTECTION
OF THE HUMAN RIGHTS OF MIGRANTS
“Identification
of proposals, best practices, and specific activities for preparing an
Inter-American Program within the OAS for the Promotion and Protection
of the Human Rights of Migrants, Including Migrant Workers and Their
Families”
Washington
D.C. - September 16 and 17, 2004
(Approved
by the Working Group on May 3, 2004)
I.
Inaugural session
II.
Draft “Inter-American Program for the Promotion and Protection
of the Human Rights of Migrants in the Framework of the Organization of
American States,” prepared by the Inter-American Commission on Human
Rights (IACHR)
III.
Experiences of the organs, agencies, and entities of the OAS
IV.
Experiences of other organizations
V.
Dialogue among governmental experts from the member states
VI.
Preliminary conclusions of the rapporteur of the meeting
