Documents

OEA/Ser.P
AG/RES. 1775 (XXXI-O/01)
5 June 2001
Original: Spanish

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS
AND THEIR FAMILIES

(Resolution adopted at the third plenary session, held on June 5, 2001;
subject to review by the Style Committee)

THE GENERAL ASSEMBLY,

HAVING HEARD:

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/ACTA 1276/01); and

The annual report of the Inter-American Commission on Human Rights (IACHR), especially the chapter on the situation of migrant workers and their families (CP/doc.3443/01);

CONSIDERING:

That the Heads of State and Government gathered at the Third Summit of the Americas in Quebec City, Canada, in April 2001, recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and pledged to ensure dignified, humane treatment with appropriate legal protections and to strengthen mechanisms for hemispheric cooperation to address the legitimate needs of migrants;

That the American Declaration of the Rights and Duties of Man proclaims that all persons are equal before the law and have the rights and duties enshrined in that declaration, without distinction as to race, sex, language, creed, or any other factor;

That the American Convention on Human Rights recognizes that essential human rights do not derive from one's being a national of a particular state, but are based upon attributes of the human person, and therefore justify international protection;

That the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families establishes the duty of states to ensure for all migrant workers and members of their families within their territory, or subject to their jurisdiction, the rights provided for in the Convention, without distinction as to sex, race, color, language, religion or conviction, political opinion, national, ethnic, or social origin, nationality, age, economic position, property, marital status, birth, or other status;

That many migrant workers and their families are compelled to leave their places of origin in search of better opportunities;

Advisory Opinion OC-16, issued by the Inter-American Court of Human Rights, on the right to information on consular assistance, within the framework of due process, in cases of foreign nationals detained by authorities of a receiving state;

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

AWARE of the vulnerable situation in which migrant workers and their families find themselves because, inter alia, they move between countries; they do not live in their states of origin; they face difficulties arising from cultural differences, especially with respect to language and customs; and their circumstances often lead to the breakdown of the family,

RESOLVES:

1. To reaffirm that the principles and standards set forth in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights take on special importance with respect to protection of the rights of migrant workers and their families.

2. To urge the member states, in keeping with the Plan of Action of the Third Summit of the Americas, to focus their efforts on universal adoption of the inter-American human rights system by increasing the number of accessions to its basic instruments, and, in that connection, to consider, as soon as possible, and as appropriate, signing, ratifying, or acceding to the American Convention on Human Rights and the other instruments of the system, as well as the International Convention on the Protection of the Rights of All Migrants Workers and Members of their Families.

3. To urge the member states to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.

4. 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, regardless of immigration status, 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 this context, to call to the attention of the states Advisory Opinion OC-16 on this matter, issued by the Inter-American Court of Human Rights.

5. To instruct the Permanent Council to continue supporting the work of the Inter-American Commission on Human Rights 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 Intergovernmental Working Group of Experts on the Human Rights of Migrants of the United Nations Commission on Human Rights, those of the International Organization for Migration (IOM), and those of the Inter-American Agency for Cooperation and Development.

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.

7. To invite the Inter-American Commission on Human Rights (IACHR) and the Inter-American Agency for Cooperation and Development (IACD) to consider the advisability of adopting joint cooperation programs in this area, taking into account the work done by other organs, agencies, and entities, such as the International Organization for Migration (IOM) and the International Labour Organization (ILO).

8. To request the IACHR to provide the Special Rapporteur for the rights of all migrant workers and members of their families with the necessary and appropriate means to perform his or her duties.

9. To request the IACHR to present-in light of the considerable progress made so far-a report on the status of the rights of all migrant workers and their families prior to the thirty-second regular session of the General Assembly, and, to that end, to invite member states to continue to work with the IACHR.

10. To invite the member states, permanent observers, organs, agencies, and entities of the inter-American system, or other sources to contribute to the Voluntary Fund of the Office of the Special Rapporteur for issues involving the rights of all migrant workers and members of their families.

11. To recommend to the Inter-American Council for Integral Development that it support projects and activities on behalf of migrant workers and their families in the spirit of inter-American solidarity, which is a key factor in the integral development of member states.

12. To request the councils of the Organization to report to the General Assembly at its thirty-second regular session on the implementation of this resolution in their respective areas.