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Second Summit: Santiago (1998)

Declaration of Santiago

We will combat all forms of discrimination in the Hemisphere. Equal rights and opportunities between men and women and the objective of ensuring active participation of women in all areas of national endeavor are priority tasks. We will continue to promote the full integration of indigenous populations and other vulnerable groups into political and economic life, with due respect for the characteristics and expressions that affirm their cultural identity. We will make a special effort to guarantee the human rights of all migrants, including migrant workers and their families.

Plan of Action

II. PRESERVING AND STRENGTHENING DEMOCRACY, JUSTICE AND HUMAN RIGHTS

The strengthening of democracy, justice and human rights is a vital hemispheric priority. In this Plan of Action, we endorse new initiatives designed to deepen our commitment to these important principles. Specifically, we will intensify our efforts to promote democratic reforms at the regional and local level, protect the rights of migrant workers and their families, improve the capabilities of our justice systems and labor ministries to respond to the needs of our peoples, and encourage a strong and active civil society. We further resolve to defend democracy against the serious threats of corruption, terrorism, and illegal narcotics, and to promote peace and security among our nations. Taken together, these measures consolidate our democratic gains, reaffirm our commitment to democratic institutions, and commit us to building a Hemisphere of shared values.

Migrant Workers

Governments will:

- Reaffirm that the promotion and protection of human rights and the fundamental freedoms for all, without distinction by reasons of race, gender, language, nationality, or religion, is a priority for the international community and is the responsibility of every state.

- Comply with the applicable international human rights instruments and, consistent with the legal framework of each country, guarantee the human rights of all migrants, including migrant workers and their families.

- Seek full compliance with, and protection of, the human rights of all migrants, including migrant workers, and their families, and adopt effective measures, including the strengthening of public awareness, to prevent and eradicate violations of human rights and eliminate all forms of discrimination against them, particularly racial discrimination, xenophobia, and related intolerance.

- Reaffirm the sovereign right of each State to formulate and apply its own legal framework and policies for migration, including the granting of permission to migrants to enter, stay, or exercise economic activity, in full conformity with applicable international instruments relating to human rights and in a spirit of cooperation.

- Seek full respect for, and compliance with, the 1963 Vienna Convention on Consular Relations, especially as it relates to the right of nationals, regardless of their immigration status, to communicate with a consular officer of their own State in case of detention.

- Protect the rights of all migrant workers and their families, consistent with each country´s internal legal framework, by taking steps, in case they do not exist, to: 1) provide, with respect to working conditions, the same legal protection as for national workers; 2) facilitate, as appropriate, the payment of full wages owed when the worker has returned to his/her country, and allow them to arrange the transfer of their personal effects; 3) recognize the rights of citizenship and nationality of the children of all migrant workers who may be entitled to such rights, and any other rights they may have in each country; 4) encourage the negotiation of bilateral or multilateral agreements, regarding the remission of social security benefits accrued by migrant workers; 5) protect all migrant workers and their families, through law enforcement and information campaigns, from becoming victims of exploitation and abuse from alien smuggling; 6) prevent abuse and mistreatment of all migrant workers by employers or any authorities entrusted with the enforcement of migration policies and border control; and 7) encourage and promote respect for the cultural identity of all migrants.

- Support the activities of the Inter-American Commission on Human Rights with regard to the protection of the rights of migrant workers and their families, particularly through the Special Rapporteur for Migrant Workers.

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