AG/RES. 1898 (XXXII-O/02)
THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND
THEIR FAMILIES
(Adopted at the fourth plenary session held on June 4,
2002)
THE GENERAL ASSEMBLY,
HAVING
SEEN:
The report by the Chair of the Committee on Juridical and Political
Affairs on the human rights of all migrant workers and their families
(CP/CAJP/SA.369/02 and CP/CAJP/SA.375/02); and
The Annual Report of the Inter-American Commission on Human Rights (IACHR)
to the General Assembly, especially the chapter on the situation of
migrant workers and their families in the Hemisphere (CP/doc.3579/02);
CONSIDERING:
That the Heads of State and Government, gathered at the Third Summit of
the Americas, in Quebec City, Canada, 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;
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;
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 are not derived 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 to 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 belief; political opinion; national,ethnic,
or social origin; nationality; age; economic position; property; marital
status; birth; or other status; and
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 the
Guarantees of Due Process of Law, in cases of foreign nationals detained
by authorities of a receiving state;
BEARING
IN MIND FURTHER:
The exchange of views conducted, within the framework of the Committee
on Juridical and Political Affairs, with representatives of the Inter-American
Commission on Human Rights (IACHR) and the Director General of the
Inter-American Agency for Cooperation and Development (IACD), in which, given
the multidimensional aspects of the issues regarding migrant workers and their
families and of the activities carried out by each of the aforementioned
bodies, participants concluded that an interagency approach was needed and
that it would be advisable to undertake joint programs of cooperation in this
field;
That in the Strategic Plan for Partnership for Development 2002-2005,
support for vulnerable groups such as migrant workers was identified as a
priority in the implementation of policies and programs to facilitate access
to the labor market and to improve working conditions;
That the Plan of Action of the Third Summit of the Americas provided
for the establishment of an inter-American program within the OAS for the
promotion and protection of the human rights of migrants, including migrant
workers and their families, taking into account the activities of the IACHR
and supporting the work of the IACHR Special Rapporteur for Migrant Workers and Their Families;
and the Special Rapporteur on the Human Rights of Migrants of the United
Nations Commission on Human Rights; and
That many migrant workers and their families find themselves compelled
to leave their places of origin in search of better opportunities; and
CONCERNED:
Over the vulnerable situation in which many 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 as a result of cultural differences, especially
with respect to language and customs; and their circumstances often lead to
the breakdown of the family; and
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 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 that connection, to call the attention of states to
Advisory Opinion OC-16 of the Inter-American Court of Human Rights on this
topic.
3.
To urge member states to:
a.
Consider, as soon as possible and as appropriate, signing and
ratifying, ratifying, or acceding to all inter-American human rights
instruments, and the International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families; and
b.
Take the necessary measures to guarantee the human rights of all
migrants, including migrant workers and their families.
4.
To instruct the Permanent Council to:
a. Continue supporting
the work of the Inter-American Commission on Human Rights (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);
b.
Continue studying the adoption of measures to strengthen cooperation
among states to address, with a comprehensive, objective, and long-term
approach, the manifestations, origins, and effects of migration in the region;
as well as measures to promote close cooperation among countries of origin,
transit, and destination in order to ensure protection of the human rights of
migrants; and
c.
Continue to prepare the Inter-American Program for the Promotion of the
Human Rights of Migrants, with the assistance of the IACHR and the IOM.
5.
To recommend to the Inter-American Council for Integral Development
(CIDI) that it:
a.
Support the projects and activities presented by member states on
behalf of all migrant workers and their families in the framework of the
Strategic Plan for Partnership for Development 2002-2005;
b.
Request the Inter-American Agency for Cooperation and Development
(IACD) to identify new resources to support the efforts by member states to
formulate cooperation projects to study, examine, and address the situation of
migrant workers and their families in the Hemisphere; and
c.
To request the Inter-American Agency for Cooperation and Development
(IACD) to collaborate and coordinate, where necessary, on the projects and
activities in this area with the IACHR, the International Organization for
Migration (IOM); the International Labour Organization (ILO), and other
organs, agencies, and entities.
6.
To recommend to the IACHR
that it:
a.
Consider the advisability of adopting joint cooperation programs with
the IACD in this area;
b.
Provide the Special Rapporteur for Migrant Workers and Their Families
with the necessary and appropriate means to perform his or her duties in
keeping with resources allocated in the program-budget and other resources;
and
c.
Present the report on the status of the rights of all migrant workers
and their families prior to the thirty-third regular session of the General
Assembly.
7.
To invite the member states, permanent observers, organs, agencies, and
entities of the inter-American system, and 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.
8.
To request the Councils of
the Organization to report to the General Assembly at its thirty-third regular
session on the implementation of this resolution in their respective spheres.
