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Follow-up and Implementation: Mandates |
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MIGRATION |
MANDATES |
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MANDATES
Adopt appropriate measures to address the political commitments in the UN General Assembly Resolution A/RES/S-32-1, which approved the political declaration “Our common commitment to effectively addressing challenges and implementing measures to prevent and combat corruption and strengthen international cooperation,” as well as continue to advance the outcomes achieved in the preparatory process for this special period of this General Assembly, including, as appropriate and according to domestic legislation, to:
f. Analyze the applicability of exclusion or inadmissibility clauses to deny safe haven to persons who are administratively and/or criminally convicted for acts or crimes of corruption, consistent with each State’s domestic and international legal obligations; (Inter-American Action Plan on Democratic Governance, IX Summit of the Americas, Los Angeles, 2022).
Promote and strengthen international cooperation among States to effectively prevent, prosecute, investigate, and try cybercrimes, illicit use of data that belong to government, private institutions, and persons and other criminal activities furthered by the misuse of information and communication technologies, such as human trafficking, migrant smuggling, child sexual exploitation and other forms of sexual violence, and illicit drug and arms trafficking, as well as money laundering, inter alia, in a framework of respect for human rights and with a gender perspective. (Regional Agenda for Digital Transformation, IX Summit of the Americas, Los Angeles, 2022).
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To design and implement or strengthen public policies to improve economic and social conditions to generate more and better opportunities for advancement of our populations, particularly young people, through the development of human talent, the creation of more and better jobs, the stimulation of the productive sector, access to credit, and improved citizen security, among other factors, so that the decision to migrate can be taken freely and voluntarily. (Migration, Initiatives VII Summit of the Americas, Panama City, 2015).
To strengthen dialogue processes at the national, subregional, and hemispheric levels to discuss comprehensive migration policies. In that framework, to recognize the pivotal role of work, decent employment, and fair remuneration, as well as the importance of adopting measures, policies, and programs to facilitate orderly and regular labor migration flows and the regularization of migrants, and to promote labor mobility programs, in accordance with each country’s laws and in a framework of unfettered respect for the human rights of migrant workers and their families, especially underscoring the importance of family reunification and promoting conditions for decent and dignified work. (Migration, Initiatives VII Summit of the Americas, Panama City, 2015).
To strengthen programs to prevent and fight illicit smuggling of migrants and trafficking in persons, particularly of women, children and adolescents, as well as to generate, review and amend laws, where appropriate, against these crimes so that, in their enforcement, they will render assistance and protection to victims of trafficking and to promote cooperation among states to that end, in accordance with the Convention against Transnational Organized Crime and its protocols on trafficking in persons and smuggling of migrants. (Migration, Initiatives VII Summit of the Americas, Panama City, 2015).
To support diaspora associations in their desire to structure and improve the effectiveness of their contribution to the social and economic development of their communities of origin, as well as to strengthen their interaction with their host communities. (Migration, Initiatives VII Summit of the Americas, Panama City, 2015).
To develop comprehensive public policies, as appropriate, to strengthen social inclusion of migrants in a bid to overcome marginalization, victimization, and poverty and, regardless of their immigration status, protect their human rights. (Poverty, Inequality, and Inequity, Cartagena, 2012).
To strengthen our efforts to prevent and fight the smuggling of migrants and trafficking of persons, particularly of women, children and adolescents, and to promote cooperation among states to that end, respecting and fully protecting their human rights. (Citizen Security and Transnational Organized Crime, Cartagena, 2012).
We reaffirm the importance of fully protecting the human rights of migrants, regardless of their immigration status, and observance of the labour laws applicable to them, including the principles and labour rights embodied in the ILO Declaration on Fundamental Principles and Rights at Work (Declaration of Port of Spain, 2009).
We call for an increase in inter-American cooperation and dialogue to reduce and discourage undocumented migration as well as to promote migration processes in accordance with the national legal system of each State and applicable international human rights law. We commit to dialogue in order to reduce the cost and facilitate remittances and to increase efforts to combat smuggling of migrants and trafficking in persons, in keeping with international instruments of human rights; to provide for the dignified, orderly, and safe return of migrant, and to invite states to exchange best practices on establishing bilateral programs for migrant workers (Declaration of Mar del Plata, 2005).
To criminalize migrant smuggling and trafficking in persons, effectively enforce national laws and regulations to confront migrant smuggling and trafficking in persons, and strengthen institutions and the training of professional staff to be better positioned to investigate and prosecute the responsible parties, undertake prevention initiatives, as well as protect and assist the victims of these crimes. (Plan of Action Mar del Plata, 2005).
To strengthen constructive dialogue on international migration , with a view to full recognition of human rights of migrant workers, reduce their vulnerable conditions at work, as well as advocate effective compliance of the principle of equality and non-discrimination at work in accordance with international instruments in this area and, thereby, ensure that migration is an orderly process that benefits all parties and boosts productivity at the global level.* (Plan of Action Mar del Plata, 2005)
*The United States notes that this language was discussed in connection with the declaration and consensus was achieved, including the United States, on the basis of the following language: “increase Inter-American cooperation and dialogue to reduce and discourage undocumented migration as well as to promote migration processes in accordance with the legal system of each state and applicable international human rights law
To strengthen and establish collaboration mechanisms among countries of transit, origin and reception of migrant workers in the Hemisphere so as to disseminate information on labor rights of migrant workers. (Plan of Action Mar del Plata, 2005).
We recognize that remittances are an important source of capital in many countries of the Hemisphere. We commit to take concrete actions to promote the establishment, as soon as possible, of necessary conditions, in order to achieve the goal of reducing by at least half the regional average cost of these transfers no later than 2008 and report on progress achieved at the next Summit of the Americas in Argentina in 2005. We will adopt, as needed or appropriate, measures such as: the promotion of competition between the providers of these services, the elimination of regulatory obstacles and other restrictive measures that affect the cost of these transfers, as well as the use of new technologies, while maintaining effective financial oversight (Declaration of Nuevo León, 2004).
We underscore the importance of cooperation between countries of origin, transit, and destination, to ensure the full protection of human rights of all migrants, including migratory workers and their families, and the observance of labor laws applicable to them, in accordance with the commitments agreed to in the Santiago and Quebec City Summits. We support the adoption of programs for orderly migration as a factor of economic and social development; and we will cooperate in the fight against trafficking in persons, which especially affects women and children (Declaration of Nuevo León, 2004).
We recognize the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin. We are committed to ensuring dignified, humane treatment with appropriate legal protections, defense of human rights, and safe and healthy labor conditions for migrants. We will strengthen mechanisms for hemispheric cooperation to address the legitimate needs of migrants and take effective measures against trafficking in human beings (Declaration of Québec, 2001).
Reaffirming the commitments made in 1998 at the Santiago Summit concerning the protection of the human rights of migrants, including migrant workers and their families :( Plan of Action Québec, 2001).
Strengthen cooperation among states to address, with a comprehensive, objective and long-term focus, the manifestations, origins and effects of migration in the region ;( Plan of Action Québec, 2001).
Promote recognition of the value of close cooperation among countries of origin, transit and destination in order to ensure protection of the human rights of migrants ;( Plan of Action Québec, 2001).
Establish 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 on Migrant Workers and the UN Special Rapporteur on Migration;( Plan of Action Québec, 2001).
Commit to undertake the widest possible cooperation and exchange of information among states concerning illegal trafficking networks , including developing preventative campaigns on the dangers and risks faced by migrants , particularly women and children who often can be victims of such trafficking, with a view to eradicating this crime;(Plan of Action Québec, 2001).
Establish linkages with subregional processes, such as the Regional Conference on Migration and the South American Conference on Migration, which are dialogue fora, in order to exchange information on the migration phenomenon, as well as promote cooperation with specialized international organizations, such as the International Organization of Migration (IOM), in order to advance and coordinate implementation efforts of Summit mandates; (Plan of Action Québec, 2001).
Recognizing the positive aspects and benefits of orderly migration in countries of origin, transit and destination as a factor contributing to economic growth and national and regional development :( Plan of Action Québec, 2001).
Support initiatives designed to strengthen linkages among migrant communities abroad and their places of origin and promote cooperative mechanisms that simplify and speed up the transfer of migrant remittances and substantially reduce the costs of sending them ;( Plan of Action Québec, 2001).
Support voluntary initiatives designed by communities or individuals for the use of funds in investment and productive projects benefitting the general welfare in communities of origin ;( Plan of Action Québec, 2001).
Promote the discussion of the migration phenomenon at the hemispheric level with due regard for its multi-dimensional nature and regional differences and, in so doing, consider the inclusion of the topic of migration in discussions on trade and economic integration (Plan of Action Québec, 2001).
Support programs of cooperation in immigration procedures for cross border labor markets and the migration of workers, both in countries of origin and destination, as a means to enhance economic growth in full cognizance of the role that cooperation in education and training can play in mitigating any adverse consequences of the movement of human capital from smaller and less developed states;(Plan of Action Québec, 2001).
Strive to ensure that migrants have access to basic social services, consistent with each country's internal legal framework ;( Plan of Action Québec, 2001).
Create and harmonize statistical information systems and foster the sharing of information and best practices through the use of new information and communications technologies , with the aim of promoting the modernization of migration management;(Plan of Action Québec, 2001).
Comply with the applicable international human rights instruments and, consistent with the legal framework of each country, guarantee the human rights of all migrants, including migrant workers and their families.(Plan of Action Santiago, 1998).
Seek full compliance with, and protection of, the human rights of all migrants , including migrant workers, and their families, and 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.(Plan of Action Santiago, 1998)
Reaffirm the sovereign right of each State to formulate and apply its own legal framework and policies for migration , including the granting of permission to migrants to enter, stay, or exercise economic activity, in full conformity with applicable international instruments relating to human rights and in a spirit of cooperation.(Plan of Action Santiago, 1998)
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 .(Plan of Action Santiago, 1998)
Protect the rights of all migrant workers and their families, consistent with each country´s internal legal framework, by taking steps, in case they do not exist, to: 1) provide, with respect to working conditions, the same legal protection as for national workers; 2) facilitate, as appropriate, the payment of full wages owed when the worker has returned to his/her country, and allow them to arrange the transfer of their personal effects; 3) recognize the rights of citizenship and nationality of the children of all migrant workers who may be entitled to such rights, and any other rights they may have in each country; 4) encourage the negotiation of bilateral or multilateral agreements, regarding the remission of social security benefits accrued by migrant workers; 5) protect all migrant workers and their families, through law enforcement and information campaigns, from becoming victims of exploitation and abuse from alien smuggling; 6) prevent abuse and mistreatment of all migrant workers by employers or any authorities entrusted with the enforcement of migration policies and border control; and 7) encourage and promote respect for the cultural identity of all migrants.(Plan of Action Santiago, 1998)
Support the activities of the Inter-American Commission on Human Rights with regard to the protection of the rights of migrant workers and their families, particularly through the Special Rapporteur for Migrant Workers.(Plan of Action Santiago, 1998)
Initiative 33 Develop appropriate policies on migration, promote savings and investment opportunities to create jobs, and develop sustainable means of livelihood, in particular for the poorest and most vulnerable sectors. (Plan of Action Santa Cruz de la Sierra, 1996).
2.8 Guarantee the protection of the human rights of all migrant workers and their families. Take the necessary steps to remedy inhumane conditions in prisons and to minimize the number of pretrial detainees. (Plan of Action Miami, 1994).
