OEA/Ser.P
AG/RES. 1611 (XXIX-O/99)
7 June 1999
Original: Spanish

THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES

(Adopted at the first plenary session, held on June 7, 1999,
and pending review by the Style Committee)

THE GENERAL ASSEMBLY,

Having examined the annual report of the Permanent Council on the human rights of all migrant workers and their families (CP/CAJP-1487/99), presented pursuant to resolution AG/RES. 1548 (XXVIII-O/98);

Taking note of the annual report of the Inter-American Commission on Human Rights (CP/doc. /99);

Recalling 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 established in this Declaration, without distinction as to race, sex, language, creed, or any other factor;

Recalling also that the American Convention on Human Rights recognizes that essential human rights are not derived from one's being a national of a certain state, but are based upon attributes of the human personality, and therefore justify international protection;

Underscoring that the International Convention on the Protection of the Rights of All Migrant Workers and Their Families establishes the duty of states to ensure that migrant workers and their families who are within the territory or subject to the jurisdiction of those states enjoy the rights set forth in that Convention, without distinction as to sex, race, color, language, religion or conviction, political or other opinion, national, ethnic, or social origin, nationality, age, economic position, property, marital status, birth, or other status;

Bearing in mind the Declaration and Plan of Action of the Second Summit of the Americas;

Considering that many migrant workers and their families are compelled to leave their places of origin in search of better opportunities; and

Aware of 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 and because of difficulties arising from cultural differences-especially with respect to language and customs-and in part because their circumstances often lead to the breakdown of the family,

1. Reaffirms 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. Urges those member states that have not yet done so to seriously consider ratification of or, if applicable, accession to the American Convention on Human Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Their Families.

3. Urges the member states to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families, as envisaged in the above-mentioned instruments.

4. Emphatically reiterates the duty of the states to ensure full respect and observance of the Vienna Convention on Consular Relations (1963), particularly in relation to the right of nationals, regardless of their immigration status, to communicate with a consular official of their own state in case of detention and the obligation of the state in whose territory the detention occurs to inform the national of another state of that right.

5. Invites the states parties to cooperate with the Inter-American Commission on Human Rights so that it may conclude, as soon as possible, the full report on the human rights situation of all migrant workers and their families.

6. Requests the Inter-American Commission on Human Rights to provide the Special Rapporteur on the rights of all migrant workers and their families with the necessary and adequate means to perform his/her duties.

7. Calls upon the member states, the permanent observers, the organs, agencies, and entities of the inter-American system, and other sources to contribute to the voluntary fund for the Special Rapporteur on the rights of all migrant workers and their families.

8. Recommends to the Inter-American Council for Integral Development that it support projects and activities to benefit all migrant workers and their families, as an expression of inter-American solidarity, an essential element in the integral development of the member states.

9. Requests the Organization's Councils to report to the Assembly at its thirtieth regular session on the implementation of this resolution in their respective areas of competence.