REMARKS BY MR. JUAN E. MÉNDEZ, PRESIDENT OF THE

INTER-AMERICAN COMMISSION ON HUMAN RIGHTS AND SPECIAL RAPPORTEUR ON MIGRANT WORKERS AND THEIR FAMILIES WORKING MEETING OF THE COMMITTEE ON JURIDICAL AND POLITICAL AFFAIRS OF THE ORGANIZATION OF AMERICAN STATES

Washington, D.C., April 4, 2002

Distinguished Chairman of the Committee on Juridical and Political Affairs of the Organization of American States, distinguished Ambassadors and Permanent Representatives, ladies and gentlemen:

I address you for the purpose of presenting a brief overview of the work of the Special Rapporteurship on Migrant Workers and their Families of the Inter-American Commission on Human Rights (IACHR), and in particular to outline progress made in connection with the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants.  I begin by recalling that this program was an initiative promoted by the heads of state and government during the Third Summit of the Americas, held in April of last year in Quebec City, Canada.  As you probably know, on that occasion the maximum authorities of the region conferred a special mandate on the OAS to 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.”

By way of introduction and in order to explain the work that the IACHR performs on behalf of migrant workers and their families, I would like to begin this presentation by explaining the origins, characteristics, and activities of the Special Rapporteurship.  Given the growing importance of migration in the last decade, the IACHR, by virtue of its broad mandate to protect human rights, decided in 1997 to create the Special Rapporteurship on Migrant Workers and Their Families.  The creation of this Rapporteurship reflects the interest on the part of the states in according special attention to a group which, by virtue of its vulnerability, is especially exposed to human rights violations.  Over the years, the IACHR has been aware of these persons’ worrisome human rights situation through on-site visits, complaints that it has received on human rights violations, and special hearings that have been held to address the issue.

It should be clarified that in establishing the Special Rapporteurship, the IACHR delimited its scope of action to migrant workers and their families when they are abroad.  In this regard, the IACHR underscored that it would not look into other categories of those who migrate within their own country, such as internally displaced persons, stateless persons, refugees, or asylum seekers. Even so, the IACHR is aware that there are common principles that apply to those categories, and that internal migrants, refugees, the internally displaced, stateless persons, and asylum-seekers may on certain occasions become migrant workers, and vice versa.  In such cases, the Rapporteurship addresses these persons with respect to their status as migrant workers.

The IACHR’s initiative in creating a Special Rapporteurship on Migrant Workers and Their Families has been well received by the heads of state and government of the Americas.  In this respect, in the Declaration of the Second Summit of the Americas, held in Santiago, Chile, in 1998, the heads of state and government of the Americas indicated: “We will make a special effort to guarantee the human rights of all migrants, including migrant workers and their families.”

It was determined that the Rapporteur would be one of the seven members of the IACHR. In addition, it was determined that the Rapporteur should be designated for four years.  During its first period (1997-2000), the Rapporteurship was entrusted to Colombian historian Alvaro Tirado Mejía. Later, during its 106th regular session, held in March 2000, the IACHR designated me Special Rapporteur.

To carry out his work, the Special Rapporteur receives support from the Executive Secretariat of the IACHR, and a small team.  At present, this team is made up of one attorney from the IACHR Secretariat, on a part-time basis, and a consultant specialized in migration issues.  In addition, and taking advantage of my ties with Notre Dame University, of late I have involved some of my students and research assistants in the work of the Rapporteur.

The Special Rapporteurship on Migrant Workers has several objectives.  The following are among the most important: (a) to foster awareness of the duty of states to respect the human rights of migrant workers and their families; (b) to present specific recommendations to the member states of the OAS on matters related to the protection and promotion of the human rights of these persons, so that measures may be adopted on their behalf; (c) to prepare reports and specialized studies on the situation of migrant workers and on issues related to migration in general; and (d) to act swiftly in response to petitions or communications that indicate that the rights of migrant workers and their families are violated in any member state of the OAS.  The Rapporteurship furthers these four aims through different actions and activities in keeping with its mandate and the scope of action of the IACHR.

With respect to the presentation of petitions, the IACHR is currently considering several cases of alleged violations of the human rights of migrant workers and their families in the member countries of the OAS. These include two cases against the Dominican Republic regarding the expulsion or threat of expulsion of Haitian citizens and Dominicans of Haitian origin, and two cases against Costa Rica regarding the expulsion of Nicaraguan citizens.  In addition, last December the IACHR held a special hearing to look into a case against the United States involving the deaths of Mexican and Central American immigrants while crossing the border between Mexico and the United States in unpopulated areas.  The case is now being studied to determine whether it is admissible.

Furthermore, I should note that last year the Inter-American Court of Human Rights handed down a judgment on the right to nationality in Peru, and that the IACHR adopted a report on citizens of Cuban origin who left the country during the 1980s in a boat lift from the port of Mariel, and who were detained for a prolonged period by the U.S. authorities.

During my term, the Rapporteurship has undertaken a series of activities to advance the objectives set by the IACHR. With respect to the work of monitoring the status of migrant workers and their families, as well as issues of general issues related to migration, the Rapporteurship is undertaking several actions.  Monitoring migration developments helps the team of the Rapporteurship acquire a broader view and a better understanding of the complex situation of migrant workers and their families in the member states of the OAS.  Among its monitoring activities, the Rapporteurship is studying changes in migration-related legislation and debates related to migration policies in the member states of the OAS.  The Rapporteurship is also dedicating time to observe the evolving contraband, conveyance, and illicit trafficking in migrants, as well as the states’ responses to this growing problem.  Furthermore, the Rapporteurship is engaged in studies on how the difficult economic and political situation in several states of the region has increased pressures to migrate and has also had a negative impact on how migrant workers and their families are treated in some countries.  The Rapporteurship is also closely following the changes in legislation on migration and control measures in the Americas as a result of the terrorist attacks in New York and Washington, D.C., last September.

As part of the activities related to its mandate, the Rapporteurship is also making contacts with governments to carry out on-site visits.  These visits are of great importance, given that they make it possible to observe, on the ground, the conditions of migrant workers.  In this regard, from November 19 to 21, 2001, with instructions from the Rapporteur and support from the Executive Secretariat of the IACHR, two members of the team visited Costa Rica for the purpose of collecting information on the situation of migrant workers.  The Rapporteurship wrote a complete report that was recently sent to the state for comment and suggestions.  That report, along with the state’s comments, will be included in our next annual report.  Meanwhile, I am pleased to note the broad spirit of cooperation with which the illustrious Government of Costa Rica received my team.

A couple of weeks ago, responding to an invitation from the Government of Guatemala, together with my team I visited Guatemala for six days.  During that mission, we had occasion to meet with government officials and representatives of inter-governmental organizations and civil society who are engaged in actions to support migrant workers and their families.  The Rapporteurship will prepare a complete report on the situation of migrant workers in Guatemala, and it will present recommendations to the Government of Guatemala, and to inter-governmental organizations and civil society organizations that interact with this population.  Furthermore, I am pleased to report that the Rapporteurship has agreed with the Government of Mexico to visit Mexico next May.

As part of its activities, the Rapporteurship is also participating regularly in conferences and inter-governmental fora in which problems related to migration are discussed.  In this connection, it should be noted that the IACHR participates as an observer in the Regional Conference on Migration (RCM), an inter-governmental forum made up of 11 countries, including Belize, Canada, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, and the United States.  I should reiterate: attending inter-governmental fora on migration issues such as the one just mentioned enables the Rapporteurship to make important contacts and receive valuable information, and develop working relationships with the officials in charge of migration policy in each state.

As regards the development of institutional ties with inter-governmental organizations and civil society organizations that work on behalf of migrant workers, the Rapporteurship’s team holds meetings and has contacts with various organizations dedicated to studying and monitoring migration in the Americas.  Those meetings serve as a framework for undertaking joint activities and exchanging information aimed at supporting initiatives aimed at ensuring well-being and respect for the fundamental rights of migrant workers and their families.  Among the organizations with which the Rapporteurship has held meetings are the International Organization for Migration (IOM), the Latin American Demographic Center (CELADE), and civil society organizations such as the Regional Network of Civil Society Organizations on Migration (RNCOM).

The Rapporteurship also dedicates part of its time to research. In its last two annual reports, the Rapporteurship has included chapters on various issues related to migration and the protection and safeguarding of the human rights of migrant workers and their families. In the last year, for example, my team researched issues such as the economic impact of migrations, and problems related to the contraband, conveyance, and illicit trafficking of migrants.  These reports have been included in the annual Rapporteur’s reports. In this respect, I should note that the IACHR has considered it necessary to produce annual progress reports on different aspects of migration from a human rights perspective.  This approach has been adopted instead of presenting a single report on the situation of migrant workers and their families in the region, for such a report would be difficult to produce given the scale and complexity of the problem, and, especially in view of the resources available. The Rapporteurship intends to enrich its annual reports analyzing and discussing migration; it is hoped that they help raise awareness of the importance of migration in the Americas and of the states’ duty to respect and ensure the human rights of migrant workers and their families.

Having offered a brief summary of the work and objectives of the Rapporteurship, I would like to focus the rest of my remarks on progress attained in the Inter-American Program for the Promotion and Protection of the Human Rights of Migrant Workers and Their Families. Picking up on the concern expressed by the leaders of the OAS member states, the Rapporteurship has undertaken to plan that program and to design some of its possible activities.  Our plans include holding training seminars on human rights, and conferences to discuss migration-related issues, and publishing reports on various issues directly related to the situation of migrant workers in the Americas.  It is our hope that the debates at these activities will result in specific proposals for new standards to protect the rights of migrant workers, to be enacted in domestic law and internationally.

In this vein, in the course of this year the Rapporteurship held meetings with representatives of the IOM to study the possibility of organizing a joint program of promotion and education activities in the context of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants. In the year 2000, the IACHR and the IOM signed a framework agreement for cooperation.  Representatives of the IOM traveled last January to IACHR headquarters in Washington to meet with the Executive Secretariat of the IACHR and with the Special Rapporteur for Migrant Workers, for the purpose of debating the contents of the possible Inter-American Program. As part of these conversations, the IACHR is studying the feasibility of holding seminars and workshops to provide training to government officials and members of civil society working with migrant workers and their families. The workshops aim not only to sensitize government officials and members of civil society as to the condition of migrant workers, but also to offer information and training so that these persons can perform their functions efficiently, with respect for human rights.

In addition, last December members of my team met with representatives of the Latin American Demographic Center (CELADE) of the Economic Commission for Latin America and the Caribbean (ECLAC) to organize a hemispheric seminar on migration and human rights.  Tentatively, the activity is to be held next September at ECLAC headquarters in Santiago, Chile; the co-organizers will be the IOM, the United Nations Development Program (UNDP), and the Office of the United Nations High Commissioner for Human Rights. The seminar will be attended by key experts in migration and human rights from North America, South America, Central America, and the Caribbean.  Through the Rapporteurship, the IACHR has committed to participate.  In addition, the Rapporteurship has held preliminary conversations with the Human Rights Program of the University of Chicago to participate in a research project that will link human rights, migration, and economic development.  The discussions point to holding conferences and publishing studies on the issue.  Similarly, as part of the efforts to publish reports and studies on migration, the Rapporteurship arrived at an agreement with Villanova University, of the United States, to undertake a joint study on comparative legislation on migration-related issues.  The Rapporteurship considers it important to become involved in academic discussions on migration, so as to include different points of view on this complex problem.  A rigorous analysis of this problem would no doubt contribute to the design and implementation of public policies that guarantee and protect the rights of migrant workers in the Americas.  We think that this effort could eventually be part of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants.

The Rapporteurship expects to be in a position to offer a more detailed and complete analysis of such an Inter-American Program in coming months.

To conclude, I would like to take the opportunity of your presence here today to request, through you, support for the work of the Rapporteurship.  Unfortunately, despite the interest expressed by the member states of the OAS in promoting activities aimed at improving the situation of migrant workers, such as the above-mentioned Inter-American Program, our work has been seriously limited by lack of financial support. In this regard, until last year the activities of the Rapporteurship could not have been covered were it not for a small contribution from the general fund of the OAS, and a contribution of US$ 50,000 from the Government of Mexico to the voluntary fund instituted by the IACHR when the Rapporteurship was created.  This year the Rapporteurship obtained resources through a new grant of US$ 25,000 from the Government of Mexico, and it has furthered initiatives to obtain economic support from the Ford Foundation.  Despite these contributions, to be able to continue its work the Rapporteurship needs new financial contributions from the OAS member states.  The states’ contributions to the voluntary fund of the Rapporteurship established by the Executive Secretariat is vital for promoting an Inter-American Program for the Promotion and Protection of the Human Rights of Migrant Workers.  Moreover, getting many different contributions, even if small, would greatly help confer legitimacy and acceptance on the Inter-American Program, and on all the tasks of the Rapporteurship.  In this regard, I should note that it was precisely the states who entrusted the IACHR with the creation of that program, and that without financial support to undertake this important project, it will be extremely difficult.  Accordingly, I take this opportunity to make an appeal to the ambassadors and representatives assembled here, to take the initiative vis-à-vis your respective governments, as to the pressing need for the Rapporteurship to receive new resources to develop its work and to carry out the above-mentioned Inter-American Program for the Promotion and Protection of the Human Rights of Migrant Workers.

Thank you very much for your consideration.