Organization of American States Summits of the Americas
     
Follow-up and Implementation: Mandates
  

2
    
MIGRATION: Labor Laws/Rights
 MANDATES

  1. 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).

  1. 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

  1. 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).

  1. 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).

  1. 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).

  1. 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).

  1. Strive to ensure that migrants have access to basic social services, consistent with each country's internal legal framework; (Plan of Action Québec, 2001).

  1. 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).

  1. 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).

  1. 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).

  1. 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).

  1. 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).

  1. 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).

 

 
2
    
 
© Summits of the Americas