PRESENTATION
OF THE REGIONAL NETWORK OF CIVIL ORGANIZATIONS FOR MIGRATION TO THE VI REGIONAL
CONFERENCE ON MIGRATION
March 22,
2001
San Jose,
Costa Rica
The Regional
Network of Civil Organizations for Migration (RNOCM) regards the VI Regional
Conference on Migration (RCM) as an expression of the consolidation of a process
of dialogue and exchange on migration policy. The RCM is a process of dialogue
between governments and civil society organizations that addresses the effective
protection of the human rights of migrants. The relationship between the RCM and
the RNCOM has advanced to point that now allows not only discussion but also the
implementation of concrete actions that address the challenges of development in
each country and in the region. Therefore, the RNCOM would like to present the
following ideas and proposals that fall within three overarching topics:
1. Migration and
Human Rights,
2. Migration
Control Policies, and
3. Migration and
Development.
Migration
policy should not focus exclusively on criminalization or administrative
sanctions directed at individual migrants due to their irregular status.
Procedures should guarantee and protect the human rights of migrants.
Regional
Guidelines for the Protection of Migrant Human Rights in Situations of Arrest,
Detention, Deportation, and Reception
The V Vice-Ministerial
meeting of the Regional Conference on Migration (RCM) noted the proposal of the
Regional Network of Civil Organizations for Migration (RNCOM) to develop a set
of regional standards for the protection of the human rights of migrants and
refugees in situations of arrest, detention, deportation, and reception. In the
VI Vice-Ministerial meeting of the RCM, the RNCOM presents this preliminary
report in the framework of the initiative for Regional Guidelines for the
Protection of Migrant Human Rights in Situations of Arrest, Detention,
Deportation, and Reception (“Guidelines”).
Governments and civil society have the obligation to protect the human rights of the most affected – migrants. The existing international and regional instruments offer a framework to determine how the countries of the RCM can guarantee their protection through new laws, policies, and practices. However, the concrete obligations of the States to protect the human rights of migrants in a comprehensive manner established in international and regional instruments are weakened by the absence of their ratification or consistent application. The existence of the Regional Guidelines would contribute to the specification of State obligations to protect migrants in situations of arrest, detention, deportation, and reception.
In this
spirit of cooperation, the Regional Network of Civil Organizations for Migration
requests that the government members of the Regional Conference on Migration
take the following actions:
1. Ratify
their interest and support of the initiative to develop Guidelines; and
2.
Incorporate the Guidelines Initiative in the RCM Plan of Action for the year
2001 by:
·
Issuing a declaration of
intention by member governments to facilitate access to government information
and facilities for RNCOM-sponsored research;
·
Appointing a technical
committee to work in conjunction with the RNCOM to develop draft Guidelines; and
·
Supporting and
participating in a joint seminar in coordination with the RNCOM to review the
draft Guidelines and to access research to be presented by the RNCOM.
Considering
the necessity to strengthen the opportunities for the development of uniform
criteria, the exchange of perspectives, and the access to information on
regional migration phenomena and taking into account the crucial importance of
focusing on human rights protection during discussions of this topic, we
propose:
·
The inclusion of an
annual joint training seminar on the protection and guarantee of migrant human
rights for representatives of civil society organizations, government officials
from the foreign relations and immigration agencies, and other actors concerned
with the issue of migration in the member countries of the RCM in the Plan of
Action.
In 1990, the
United Nations General Assembly adopted the International Convention on the
Protection of the Rights of All Migratory Workers and Members Their Families.
This international instrument promotes, protects, and guarantees the human
rights of migrants and their families but is not yet in force.
·
The RNCOM requests that
the government representatives brought together by this conference sign and
ratify the Convention. The Network applauds the ratification of the Convention
by Mexico and the signing of the Convention by Guatemala and invites all
governments of the region to follow this example.
2.
Migration Control Policies
Comments by
the RNCOM on the “Terms of Implementation for the Regional Conference on
Migration’s General Program of Cooperation for the Return of Extra-Regional
Migrants”
The Regional
Network of Civil Organizations for Migration (RNCOM) applauds the concern of the
member governments of the Regional Conference on Migration (RCM) to establish
flexible mechanisms for the voluntary return to their countries of origin of
migrants who have exhausted all legal recourses and proceedings regarding the
regularization of their migratory status.
We are
concerned that the cooperation program institutionalizes different standards of
treatment for migrants based on their country of origin and that the program
establishes a direct connection between the trafficking of persons and
unauthorized migration.
Nevertheless, it is important that this program operate under an
understanding of State obligations to guarantee and protect human rights. For
this reason, it is necessary that the program continue to place the
responsibility for these issues on the States.
For this
reason, should the member governments of the RCM decide to implement programs
similar to what is being discussed in VI Regional Conference on Migration, we
urge them to adopt mechanisms to guarantee:
·
The inherent principle of
human dignity [1] ,
·
The principle of personal
liberty [2] ,
·
The principle of
equality, and specifically the principle of non-discrimination [3] ,
·
The freedom of movement
and residence [4] ,
·
The right to effective
judicial review and due process [5] ,
·
The right to seek
asylum/refugee status [6] , and
·
The access to consular
protection [7] .
Specifically, we would like to reference the importance of providing
humanitarian assistance to persons found on vessels interdicted in international
waters and, particularly, that all efforts be made to bring them to shore as
soon as possible.
Additionally, we would like to insist that all persons interdicted in
international waters have access to government officials and international
agencies such as the United Nations High Commissioner for Refugees in order to
guarantee the exercise of these above-mentioned rights.
We recognize
the experience of the International Organization for Migration (IOM) in its
execution of tasks assigned to it, under its mandate, with respect to the human
dignity and well being of migrants worldwide. We recommend that in the
development of bilateral or multilateral agreements, the tasks to be undertaken
by the IOM be explicitly limited to its established role in facilitating the
humanitarian treatment of migrants who are returning voluntarily to their
countries of origin.
·
We urge that the member
governments of the Regional Conference on Migration continue to assume their
responsibility under the relevant international conventions.
·
We would welcome the
periodic evaluation of this program and would like to express the interest of
civil society organizations to monitor the respect for and guarantee of
international human rights, international humanitarian law, and international
refugee law, particularly those specified in the Convention of 1951, the
Protocol of 1967, and by the principle of non-refoulement established in such
instruments.
·
The Guidelines proposed
by the RNCOM can be used as a base for the development of adequate protection
mechanisms outlined any bilateral or multilateral program that falls within the
framework of the RCM.
Taking into account the increase in trafficking of migrants and
government actions to combat it:
·
We consider it a priority
to clarify the limited reach of the “fight” against organized trafficking in
persons in regard to complex phenomenon of unauthorized migration. For this
reason, it does not make sense to simplify the phenomenon to just the
criminalization of the victims of trafficking.
·
The development of
programs that protect trafficking victims that include effective information
mechanisms and access to victims by international organizations and civil
society organizations which protect the human rights of migrants.
·
Additionally, we urge the
member countries of the RCM to sign and ratify the Convention Against
Transnational Organized Crime and its additional Protocols.
3.
Migration and Development
Migration has been a process inherent to the development of our
societies, and we consider it a positive phenomenon. Globalization, economic and
technological developments, and an increase in the populations of developing
countries, as well as the cultural and economic impact of migrants in their
countries of origin and destination have reconfigured the migration phenomenon
as an essential component of economic development policy.
The existence of countries or regions that enter into the
globalization process in situations of weak democracies, high levels of economic
and social exclusion, and the social and environmental vulnerability of a region
with high levels of violence and insecurity are causes of concern for the RNCOM.
Migration that is generated by these conditions should not been regarded as
voluntary nor should it be separated from the trauma of being uprooted and,
therefore, we would like to acknowledge the utopian vision of the right not to
migrate.
For this reason, we should consider the differences of new migration
process amoung countries of the south, especially the increasing flows of
persons, coming from countries such as Colombia, who deserve international
protection. Additionally, in the migration processes within the Caribbean and
from this region to both the United States and Europe, sending and receiving
countries should further fulfill the responsibility to protect migrant human
rights.
Destination countries should transfer resources to countries of
origin in order to contribute to their development and should create conditions
that adequately facilitate development under a framework of joint international
responsibility of the States for the regularization of migration flows.
Risk
and Vulnerability in the Region
The recent
earthquakes in El Salvador affected the territory and population of these two
countries and created destruction and aggravated poverty. We associate this
phenomenon with Hurricane Mitch, recently experienced in El Salvador, Honduras,
and Nicaragua. These situations illustrate the vulnerability of our countries to
the consequences of natural disasters and provoke new migration.
Special
protection programs, the temporary suspension of deportations, and the
prolongation of temporary regularization programs definitely improve the
situation and are important. However, these programs only address the symptoms
and ignore the causes.
·
We ask the governments
who are participating in RCM to develop long-term solutions and program for the
nationals of El Salvador, Honduras, and Nicaragua.
[2]
Article I of
the American Declaration of the Rights and Duties of Man, Article 1 of the
American Convention on Human Rights, Articles 3 and 8 of the Universal
Declaration of Human Rights, Article 37 of the Convention of the Rights of the
Child, Article 9 of the International Covenant on Civil and Political Rights.
[3]
Article 3 of
the Universal Declaration of Human Rights and Articles 1 and 6 of the Convention
on the Elimination of All Forms of Discrimination Against Women.
[4]
Article 22
Num. 7, 8, and 9 of the American Convention on Human Rights, Article 13 of the
Universal Declaration of Human Rights.
[5]
Article 25
of the American Convention on Human Rights, Article 2.3 of the International
Covenant on Civil and Political Rights, Article 8 of the Universal Declaration
of Human Rights, Articles XXVI y XXVII of the American Declaration of the Rights
and Duties of Man, Article 16 Num. 7 and 9, and 22 of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of
their Families.
[6]
Article 14
of the Universal Declaration of Human Rights, Article 33 of the Convention
relating to the Status of Refugees, Article 22 of the Convention of the Rights
of the Child, Article 2 of the Protocol relating to the Status of Refugees,
Article o 22 Num. 8 of the American Convention of Human Rights.
[7]
Article 36 c
of the Vienna Convention on Consular Relations, Articles 16 Num. 7 and 9, and 23
of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of their Families.