AG/RES. 1480 (XXVII-O/97)
THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES
(Resolution adopted at the seventh plenary session, held on June 5, 1997)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Inter-American Commission on Human Rights (document CP/doc.2882/97), Chapter VI of which contains a progress report on the situation of migrant workers and their families in the Hemisphere that states that a working group has been formed and a rapporteur appointed;
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 each state party to the International Covenant on Civil and Political Rights must guarantee the rights recognized therein for all individuals present within its territory and subject to its jurisdiction;
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 the Declaration of Principles of the Summit of the Americas held in 1994 states that it is politically intolerable and morally unacceptable for some sectors of our populations to be bypassed and not to share fully in the benefits of development, and that everyone should have access to the fruits of democratic stability and economic growth, without discrimination based on race, sex, national origin, or religion; and
That the Plan of Action of that summit sets forth the commitment to review and strengthen the law governing protection of the rights of minority groups, so as to ensure that they are free from discrimination, guarantee them full and equal legal protection, and facilitate their active participation in society;
CONSIDERING ALSO 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;
RECALLING that the Declaration of Montrouis: A New Vision of the OAS states that increasing interdependence and economic integration require that the question of migrant workers and their families be addressed on the basis of solidarity among member states and with full respect for the dignity and rights of such persons;
RECALLING ALSO that, in the Declaration of Montrouis: A New Vision of the OAS, concern is expressed over the situation of all migrant workers and their families, whose dignity and human and civil rights should be respected and protected by the member states;
BEARING IN MIND the statements made on the rights of migrant workers and their families within the framework 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;
BEARING IN MIND 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;
CONCERNED over the increasingly frequent expressions of racism, xenophobia, and other forms of discrimination and inhuman and degrading treatment leveled at migrant workers and their families in various parts of the world;
TAKING INTO ACCOUNT the vulnerable situation in which many migrant workers and their families often find themselves, in part because they do not live in their states of origin; they have difficulties owing to differences of language, customs, and culture; and 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,
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 promote and guarantee effective protection of the essential rights of all migrant workers and their families, in keeping with applicable international instruments and taking account of generally recognized humanitarian principles.
3. To thank the Inter-American Commission on Human Rights (IACHR) for its work in 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.
4. To urge the Permanent Council to continue to support the work of the IACHR in this area and to take into account the efforts of other international organizations in behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere.
5. To urge the Inter-American Council for Integral Development 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.
6. To request the councils of the Organization to present to the General Assembly, at its twenty-eighth regular session, a report, with recommendations, on the implementation of this resolution in their particular areas of competence.