AG/RES. 1548 (XXVIII-O/98)

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES

(Resolution adopted at the third plenary session, held on June 2, 1998)

THE GENERAL ASSEMBLY,

HAVING SEEN:

The annual report of the Permanent Council on the human rights of all migrant workers and their families (AG/doc. 3718/98); and

The annual report of the Inter-American Commission on Human Rights (IACHR) (CP/doc.3036/98), which, in Chapter VI, entitled "Special Studies," contains a "progress report on the situation of migrant workers and their families" that lists measures adopted by the Commission, particularly with respect to preparation of a questionnaire on the subject;

CONSIDERING:

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 the essential human rights are not derived from one's being a national of a particular state but are based upon attributes of the human person, for which reason they merit international protection;

That all states parties to the International Covenant on Civil and Political Rights; the International Convention on the Elimination of All Forms of Racial Discrimination; the Convention on the Elimination of All Forms of Discrimination against Women; and the Convention on the Rights of the Child must guarantee the rights recognized in those legal instruments to all individuals present within their territories and subject to their jurisdictions;

That all states parties to the International Covenant on Economic, Social and Cultural Rights should pledge to guarantee the exercise of the rights set forth therein, without discrimination of any kind, particularly with regard to national origin;

That in the Declaration of Santiago the Heads of State and Government participating in the Second Summit of the Americas reaffirmed that "respect for and promotion of human rights and the fundamental freedoms of all individuals is a primary concern of our governments," and that, for that reason, they decided to "make a special effort to guarantee the human rights of all migrants, including migrant workers and their families"; That in the Plan of Action of the Second Summit of the Americas the Heads of State and Government agreed to 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";

That in that Plan of Action they decided to "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"; and

That the sovereign right of each state to formulate and apply its migration laws in the way that best meets its national interests, always in keeping with the principles and rules of international law and in a spirit of cooperation;

TAKING INTO ACCOUNT the statements made on the rights of migrant workers and their families in the context of the Inter-American Council for Integral Development (CIDI) and, in particular, the references to this especially vulnerable population group in the Strategic Plan for Partnership for Development 1997-2001 and the Inter-American Program to Combat Poverty and Discrimination;

TAKING INTO ACCOUNT ALSO that many migrant workers and their families are compelled to leave their homes in search of better opportunities and to escape the poverty that the member states are committed to eradicating, as noted in the Inter-American Program to Combat Poverty and Discrimination;

BEARING IN MIND the vulnerable situation in which migrant workers and their families often find themselves, in part because they do not live in their states of origin; because of difficulties owing to differences of language, customs, and culture; and because their circumstances often lead to the breakdown of the family; and

CONVINCED that it is necessary to intensify efforts to improve the situation of all migrant workers and their families and guarantee their rights and their dignity,

RESOLVES:

1. To reaffirm that the principles and standards set forth in the American Declaration of the Rights and Duties of Man and the American Convention on Human Rights apply to all persons, including migrant workers and their families.

2. To urge the states to observe the applicable international human rights instruments and, in keeping with the legal system of each country, to guarantee the human rights of all migrants, including migrant workers and their families.

3. To urge the states to 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.

4. To thank the Inter-American Commission on Human Rights (IACHR) for its work on behalf of the rights of all migrant workers and their families, and to urge it to intensify its efforts with a view to presenting a thorough report on their situation.

5. To urge the Permanent Council 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 families with a view to helping to improve their situation in the Hemisphere, in particular, when appropriate, those of the Working Group of Intergovernmental Experts on the Human Rights of Migrants of the United Nations Commission on Human Rights.

6. To urge the member states of the Organization to reply to the questionnaire prepared by the IACHR on migrant workers and their families within the timeframe specified by the Special Rapporteur, so that he may proceed with his work.

7. To request the IACHR, on the basis of responses received from member states as provided for in the previous paragraph, to complete the report on migrant workers and their families and present it to the General Assembly at its twenty-ninth regular session.

8. To urge the Inter-American Council for Integral Development (CIDI) to carry out projects and activities to benefit all migrant workers and their families, as an expression of inter-American solidarity and an essential element in the integral development of the member states.

9. To request the councils of the Organization to report and present recommendations to the General Assembly in due course on the implementation of this resolution in their particular areas of competence.