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3.
Illegal traffic of migrant workers
1.
Are there private agencies or
individuals working in your country engaged in hiring migrant workers
for forwarding to other countries? If so, are there any laws
regulating such agencies or individuals? Could you describe those
laws?
2.
Do you know if there is any
illegal or clandestine traffic of irregular migrant workers in your
country, either by individuals, corporations or national or foreign
organizations that conduct such activities? If so, how do these
persons or organizations work to develop the illegal or clandestine
traffic of migrant workers?
3.
Has your country taken measures
to prevent, eliminate or punish legally (civil or criminal) any
persons, organizations or companies that organize, assist, participate
or work in the illegal or clandestine traffic of migrant workers? If
so, could you describe what these measures or penalties consist of?
Could you reveal any court or administrative proceedings carried out
for this purpose?
BOLIVIA
1.
In the Bolivian State there are no private agencies or
individuals that legally recruit migrant workers for other countries.
2.
Unknown.
3.
Individuals, organizations, and companies that organize or
participate in illegal trafficking or that break the legal provisions
as currently in force are subject to the sanctions provided for by
law.
BELIZE
1.
No.
2.
Yes.
3.
Yes. The
Immigration Act was amended to impose penalties on public carriers for
bringing illegal immigrants to Belize, contrary to the entry
requirements.
COSTA
RICA
1.
No information on the existence of such companies exists;
however, legislation to regulate them is on the statute books. Article
134 of the General Migration and Nationality Law stipulates that:
Article
134: The recruiting of immigrants not expressly authorized by the
competent national authorities within the territory of the nation is
forbidden, as is the establishment of any kind of private emigration
agency or agency dealing therein and all advertising or publicity
materials requesting national labor for work abroad for which the
corresponding authorization does not exist.
2.
Regrettably, illegal trafficking in migrant workers has arisen
because of the economic situation in Nicaragua.
On
the one hand, immigrants are brought into Costa Rica, especially by
traffickers who help them cross the country’s northern border
illegally. The Interior Ministry has also conducted inspections in
nightclubs and has discovered foreigners with tourist cards working as
prostitutes.
Recent
studies by social research centers and investigative reports in the
country’s leading newspapers have revealed some evidence of illegal
migrant workers being trafficked into other countries, with the added
problem that they generally enter Costa Rican territory legally.
Additionally,
there have been some as yet unsubstantiated reports of trafficking in
Costa Rican women.
3.
Costa Rica’s Criminal Code specifically addresses the crime
of trafficking in women and children. Thus, Article 172 reads as
follows:
Anyone
who encourages or facilitates the entry into the country or egress
therefrom of women or minor-aged children of either sex for the
purpose of prostitution shall be punished by a prison terms of between
five and ten years.
This
term shall rise to between eight and ten years if any of the
circumstances listed in Article 170 are involved.
The
article lists three circumstances in which the punishment is
increased: if the victim was under the age of 18; if deceit, violence,
or any form of intimidation or coercion was involved; or if the
perpetrator was the victim’s progenitor, descendant, other relative,
or legal guardian.
While
the crime of illegally trafficking in migrant workers is not textually
provided for, Article 372 of the Criminal Code regulates what are
known as crimes of an international nature. The article reads as
follows:
A
prison term of ten to fifteen years shall be imposed on the leaders
and members of international criminal organizations that traffic in
slaves, women, children, or narcotic drugs, or that carry out acts of
terrorism, or that violate the provisions of human rights treaties
entered into by Costa Rica.
Clearly,
the lack of clear legal coverage of the crime of illegal trafficking
in workers leads to defenselessness for hundreds of people who leave
their home countries in search of a better future. In light of this
legal vacuum, the General Directorate of Immigration and Nationality
has proposed draft legislation to deal with such crimes.
JAMAICA
1.
There are private agencies and individuals that are engaged in
hiring migrant workers for employment overseas. The “Employment
Agency Regulation” Act, empowers the Minister of Labor, Social
Security and Sport to issue licenses to individuals and agencies
pursuant to which they may recruit nationals for local as well as
overseas employment.
2.
We have no knowledge of such organizations.
3.
There is no organization that specifically addresses alien
smuggling.
NICARAGUA
1.
The law that regulates all these activities is the Labor Code,
Article 16 of which deals with the regulation and operation of the
private agencies or individuals who are paid to act as intermediaries
between workers and employers.
2.
Nicaragua is highly affected by its geographical position; it
is an obligatory transit point for migrants as they move north;
trafficking in irregular migrants takes place through a network of
individuals who operate by land, sea, and — to a lesser extent
— air. This network of traffickers exploits migrants by
charging vast sums of money, and to take them through our country,
they undertake illegal activities such as forging and doctoring
documents, falsifying identities, bribing, etc.
3.
The General Directorate of Immigration and Nationality, the
Interior Ministry, and the Ministry of Foreign Affairs jointly
coordinate administrative measures to prevent the illegal trafficking
of people; these include, for example, the visa consultation system
for nationals of certain countries where such crimes are more common.
In addition, our country is a member of the Regional Conference on
Migration, which comprises the nations of Central America, the USA,
and Mexico.
In
1996, Nicaragua enacted Law Nº 240, “Law against the Trafficking of
Illegal Migrants,” which defines the crimes of illegally trafficking
in migrants and illegally entering the country.
Our
Migration Code has been amended to increase the fines and punishments
applicable to those who traffic in human lives; it also provides for
harsher sanctions for public officials who abuse their authority
vis-à-vis crimes of this kind.
PANAMA
1.
No reply.
2.
On occasions, our country is used as a conduit for illegal
trafficking in human lives. However, we do not know whether the people
in question are migrant workers.
3.
Yes. In this connection, by means of Law Nº 53 of December 12,
1995, the Republic of Panama added Article 310-A to Article 310 of its
Criminal Code; the new provision reads as follows:
Any
person involved in any way with trafficking in human lives, with the
consent of the individuals in question, and who in any way avoids or
evades the immigration controls established in the continental
territory of the Republic, shall be punished with a prison term of
between five and ten years.
Note
that this law is for general application; that is, it does not specify
the (labor) status of the trafficked migrant.
PARAGUAY
1.
There are no reports of its existence in our country.
2.
No such reports have been made.
3.
The Migrations Law provides as follows in Article 108,
paragraphs:
1. Foreigners who enter the country by presenting falsified or
adulterated papers or documents issued to another person, or who make
use of the same during their stay in the country.
2. Anyone who helps a foreigner enter the territory of the nation
in violation of this law and its regulations, or anyone who hides such
a foreigner once in the country.
3. Foreigners expelled from the territory of the nation and who
reenter it without prior authorization from the General Directorate of
Migrations.
4. Anyone who obstructs the execution of a legally issued
expulsion or deportation order. If said person is a public official,
the applicable punishment shall be supplemented with a ban from public
employment for a period of between one and two years.
PERU
1.
No reply.
2.
No reply.
3.
On November 8, 1999, Peru enacted Law Nº 27202, “Law
incorporating crimes against migratory law into the Criminal Code.”
This measure added Article 303-A to the aforesaid code, providing
that:
Anyone
who illicitly and in order to secure material gain, for himself or for
another, carries out, promotes, favors, or facilities entry into or
egress from the country by third parties shall be punished by a prison
term of between one and four years, with a fine of between 180 and 375
day-equivalents, and disqualification for between two and four years,
under Article 36, paragraphs 2, 4, and 8, when:
1.
The agent is a public official or civil servant charged with
migratory administration or control or with preventing or
investigating any crimes, or is responsible for enforcing sanctions
and monitoring their execution.
2. The conditions in which such persons are transported seriously
endanger their person or mental balance.
4.
Violence, abuses against migrant workers
1. Have there been any cases in your
country in the last ten years where immigrant workers or their family
members have been the targets of violence, abuse or mistreatment,
either by employers or other persons, groups or organizations? What
are the inspection and penalty mechanisms to prevent and condemn such
violence and abuse? How many court or administrative proceedings have
been started for this reason? Could you discuss any?
2. Have there been any cases in your
country in the last ten years of abuse of authority, violence, torture
or death of immigrant workers and their family members as a
consequence of the activities of the police or migration officials?
Have any court or administrative proceedings been started or completed
in this area, and what have the results been?
3. Do you have any background
information on cases in which migrant workers from your country or
members of their families have been the targets of violence, abuse,
mistreatment, torture or death either by employers, groups or
organizations, immigration police or other state employees in the
countries of employment or transit? Could you give any cases?
BOLIVIA
1.
No such complaints have been filed.
2.
No such complaints have been filed.
3.
There are no reports of this.
BELIZE
1.
No.
2.
No.
3.
No.
COSTA
RICA
1.
Statistics indicate that to date, the People’s Defender,
Costa Rica’s ombudsman, has dealt with 36 complaints from the
migrant population since 1996. The most frequent complaints and
questions from such individuals were the following:
i. Violations of personal integrity and the right of free transit.
Abuses
of authority during arrests in mass deportations and expulsions.
Denial
of the administrative and legal remedies available for proving their
legal presence in the country.
Prolonged
stays of up to three days in detention centers prior to deportation.
ii. Violation of the right to nationality.
Refusals
to register the birth of children born to undocumented foreigners
outside hospital facilities.
iii. Violation of the right to health.
Refusals
by employers and business-owners to insure their undocumented workers;
refusals by hospitals and clinics to provide health care and
medication.
iv. Violation of the right to education.
Refusals
to enroll children at schools and to enroll older people in
high-school equivalency programs.
v. Violation of the right to housing.
Costa
Rican nationals are preferred over resident foreigners as
beneficiaries of state-financed housing programs.
vi.
Violation of labor rights.
Precarious
working conditions are encountered by migrants who work in the
agricultural and construction industries in different rural areas,
particularly on sugar-cane, citrus fruit, and melon farms in the north
and on banana plantations in the Atlantic region.
vii.
Unfair wages for these workers.
Significantly,
complaints filed by migrants have been decreasing in number. Thus, the
latest report from the nongovernmental organization CODEHUCA
(Commission for the Defense of Human Rights in Central America), dated
October 1998, indicates that Nicaraguans living in Costa Rica are
treated well because the violations that occurred in the past have
been eliminated.
Among
those infractions was the authorities’ practice of gathering
together all the Nicaraguans from a given place and taking them to the
Nicaraguan border, without allowing them to collect their belongings.
As has already been said, such actions are a thing of the past.
As
said above, if a violent incident does occur, the individual may file
a complaint with the ombudsman or with CODEHUCA, or he may take it
directly to the courts.
The
records of the Constitutional Chamber contain no cases of amparo relief remedies filed against private individuals for
violence in the workplace. Cases of abuse occur sporadically,
particularly at the hands of police officers in the Atlantic and
northern regions, but they are considered isolated occurrences.
International organizations and the Nicaraguan authorities themselves
have acknowledged the interest and efforts of the Costa Rican
authorities in improving the legal situation of those inside the
country illegally.
2.
Particularly in the country’s border region (north and
Atlantic). At present these are isolated cases that are being examined
by Costa Rica’s ombudsman. Thus, the ombudsman’s office has issued
a number of recommendations for correcting certain institutional
irregularities that are harmful to migrants.
3.
No information.
JAMAICA
1.
There have been no cases in Jamaica over the last ten years
where immigrant workers and their family members have been the targets
of violence, abuse, mistreatment, torture or death either by
employers, groups or organizations, immigration or police officials or
other state employees.
2.
There have been no cases in Jamaica over the last ten years
where immigrant workers and their family members have been the targets
of violence, abuse, mistreatment, torture or death either by
employers, groups or organizations, immigration or police officials or
other state employees.
3.
N/A. See answer above.
NICARAGUA
1.
No cases of violence, abuse, or mistreatment against migrant
workers and their families have been reported. Our Labor Code
establishes punishments for employers who break labor laws.
2.
No reply.
3.
No reply.
PANAMA
1.
No reply.
2.
No reply.
3.
No reply.
PARAGUAY
1.
No cases have been recorded.
2.
Except for some isolated cases of Brazilian migrants being
harassed-in Alto Paraná Department, at the hands of organized
Paraguayan peasants who claimed the lands they occupied-no other such
cases have been reported.
The
Paraguayan government, by means of a presidential decree, set up an
interinstitutional working group charged with studying the problems
faced by the Brazilian migrants and putting their migratory status in
order.
3.
No such case has been reported.
5.
Massive Expulsion, proceeding of expulsion
1. Can any determined group of
immigrant workers and their family members be expelled as a group from
your country?
2. What is the competent authority
to determine whether an immigrant worker and members of his family can
be expelled from your country? Is it the same authority for both
regular and irregular immigrant workers?
a) Can an immigrant worker and his
family members who are expelled from your country go to a country
other than his country of origin?
b) What is the administrative or
court procedure to expel an immigrant worker and his family members
from your country? Are there different procedures for regular
immigrant workers and irregular immigrant workers?
c) Do both regular and irregular
immigrant workers have court remedies to apply for or seek a review of
the measure? If so, could you indicate what these actions are and
describe them?
d) When such a review is pending, is
the immigrant worker expelled or can he remain in your country until
the review is finally resolved?
e) In what language are immigrant
workers informed of the decisions of administrative or court
authorities?
3. If an immigrant worker and his
family members are expelled under the terms of a resolution from an
administrative authority and the resolution is later nullified, does
that person have a right to any compensation? If so, can you describe
the procedure followed to obtain such compensation?
4. After an expulsion resolution is
issued, how much time is given to the immigrant worker and his family
members to leave the country? What information is taken into account
to determine how much time they have before they must leave your
country?
5. If an immigrant worker is
expelled or deported, whether he is regular or irregular, what happens
to any pending matters related to him, an example being any wages owed
to him?
BOLIVIA
1.
Yes, they can be expelled as stipulated in Article 48 of
Supreme Decree Nº 24423, “Legal Migration Regime.”
2.
The competent authority for expelling or deporting regular and
irregular immigrant workers, as stipulated by the Legal Migration
Regime, is the National Migration Service.
a.
Expelled immigrant workers and their family members may not go
to any state of their choosing: if they are from a neighboring country
they are returned to their country of origin; those from
non-neighboring countries are deported from their original points of
entry.
b.
The administrative procedure for expelling immigrant workers
and their families is carried out by the National Directorate of
Inspections and Confinements, an agency of the National Migration
Service, by means of a resolution issued in accordance with Articles
20 and 48 of the Legal Migration Regime.
c.
Immigrant workers, regular and irregular alike, may bring legal
action to challenge that measure or appeal against it within the
following 48 hours; such appeals must be answered by a legal report
within 48 hours of the case being received by the National Juridical
Directorate, and they must be resolved by the Director of Migration
within 72 hours of his receiving the case file and the corresponding
legal report.
d.
Immigrant workers awaiting for such a review will remain in the
country while a final resolution is reached.
e.
The authorities’ decisions are communicated to the immigrant
workers in Spanish.
3.
Immigrant workers and their family members expelled by an
administrative authority under a resolution that is subsequently
cancelled are not entitled to any compensation.
4.
Once the expulsion resolution has been issued, the National
Directorate of Inspections and Confinements will take the immigrant
worker to the place where his deportation is to take place within a
period of 48 hours.
5.
For all the immigrant worker’s pending affairs-such as wages
still owed, etc.- the consulate of his country shall act on his
behalf.
BELIZE
1.
Yes.
2.
Yes.
a.
Yes.
b.
A case for such expulsion is made to the Honorable Minister
responsible for Immigration.
c.
No.
d.
The immigrant is expelled.
e.
In a language which they understand.
3.
No.
4.
The person is expelled immediately.
5.
It is ensured that his salary and all benefits are paid to him.
COSTA
RICA
1.
No. Mass expulsions do not occur in Costa Rica: each individual’s
case is processed separately, to allow them to pursue the remedies
available on a personal basis.
2.
The Director General for Immigration and Nationality.
a.
Yes. It is covered by Article 119 of the General Migration and
Nationality Law, which states that: “The General Directorate will
order the foreigner to be deported to his home country or to another
country that will admit him.”
b.
They are different procedures:
For
deportations, the procedure can be initiated on an ex officio basis or
at the instigation of private citizens. Ex officio proceedings begin
when immigration authorities or any other government officials are
made aware that a foreigner could be in one of the situations set
forth in law as causes for deportation. The same applies to foreign
convicts who have served prison time.
Proceedings
begin at the instigation of private citizens when said citizens
present a formal complaint to the immigration authorities in any part
of the country. In all deportations, a case dossier will be prepared,
gathering together all the documents related to the case and leaving
record of all formalities pursued, such as investigations, eye-witness
inspections, interrogations, witness statements, any personal
complaints that were filed, etc. The case dossier will also contain
reports from other national or foreign police agencies and any
correspondence entered into in connection with the case. In addition,
the individual who is to be deported shall be clearly identified.
When
the dossier has been completed with all these documents, and when all
the necessary formalities have been carried out, it shall be forwarded
to the Migration Legal Office for it to be studied and a report to be
issued. If the study indicates that due process was observed and that
deportation can proceed, a resolution signed by the Director General
of Migration and Nationality ordering the deportation shall be issued.
In
contrast, the established procedure for expulsions is set forth in
Chapter III, “Expulsions”; it is specifically dealt with by
Article 123, which indicates who is to issue the pertinent resolution.
c.
The remedies of cancellation and appeal against the Director
General’s resolution are admissible only if the cause of the
deportation is one of those set forth in paragraphs 3, 4, and 5 of
Article 118, which reads as follows:
Article
118. Deportation is an action ordered by the competent immigration
authority by means of which foreigners in any of the following
situations are to be placed outside the nation’s territory:
3.
Remaining in the country once the period of time authorized has
expired.
4.
Remaining in the nation’s territory after residence
permission has been cancelled.
5.
When the permits of non-residents are cancelled and they do not
leave the country in the allotted period of time.
The
law thus excludes the possibility of appealing against the provisions
of paragraphs 1 and 2 of Article 118, which cover illegal entry and
the use of falsified documents to obtain entry or residence.
The
cancellation or appeal must be filed with the General Directorate
within five working days of notice being served, along with all the
evidence deemed necessary. Cancellation remedies must be resolved by
the General Directorate within no more than 30 days of the date on
which they were filed. After that time, the remedy shall be considered
denied. If a remedy for appeal was also filed, it shall be immediately
forwarded to the Ministry of Public Security, the Interior, and
Police, where it shall be studied and a resolution issued. In such a
case, after a negative ruling on the cancellation, the General
Directorate shall admit the appeal and summon the appellant to appear
before the Minister within the following three days to assert his
rights. The Minister of Public Security, the Interior, and Police
shall resolve appeal remedies within a fixed period of 15 working days
following receipt of the case file.
In
addition, the resolution ordering expulsion may be appealed against on
one occasion before the Third Chamber of the Supreme Court of Justice.
The
appeal writ shall contain all the evidence. The Chamber shall issue
its ruling no later than eight working days after the date on which
the documents were presented.
d.
With both expulsions and deportations, as long as the
cancellation and appeal remedies have not been resolved on time, the
effects of both are suspended until the appellate authority has issued
its decision.
e.
Communications are in the Spanish language. However, a recent
ruling by the Constitutional Chamber established that to ensure due
process, foreign citizens who do not speak Spanish shall be entitled
to the assistance of an official translator during the entire
proceedings.
3.
In this regard, it should be noted that until the appeal remedy
has been resolved by the Interior Minister (for deportations) or by
the Third Chamber of Supreme Court of Justice (for expulsions), the
effects of the administrative order are suspended. If the expulsion or
deportation is carried out before the appeal is resolved, Costa Rican
law provides for a series of instruments, such as amparo relief, to guarantee the individual’s basic rights and
freedoms. Said relief may be filed at any time as long as the
violation, threat, disturbance, or restriction remains in effect and
until two months after the direct impact thereof on the victim has
ceased.
With
expulsions and deportations and because it is a positive action, the
ruling granting amparo
relief shall be intended to restore or guarantee the victim’s full
enjoyment of his rights and to reinstate, when possible, the prior
state of affairs.
All
resolutions admitting the relief will theoretically entail
indemnification of the damages inflicted and payment of the costs of
the relief.
4.
Although the General Migration and Nationality Law does not
stipulate a specific period of time, past decisions from the
Constitutional Chamber have ruled that it must be “the time that is
strictly necessary,” arrest, and transfer. Once the deportation or
expulsion is decided, the individual must be documented at his
consulate and immediately transferred, with all his belongings, to the
border area or, alternatively, transport negotiations must begin with
an airline. Generally, efforts are made to streamline the process, but
on occasions it is hindered by bureaucratic formalities; for example,
if the consulate is closed and unable to process the paperwork.
5.
In connection with this issue, on January 14, 1997, the
immigration directors of Costa Rica and Nicaragua exchanged notes
establishing, inter alia,
“the right of full consular protection, the right to take personal
belongings and to receive wages and other benefits owed.”
JAMAICA
1.
This is possible, however, presently no group has been so
determined.
2.
Depending on the circumstances the Ministry of National
Security and Justice in collaboration with the Ministry of Labor,
Social Security and Sports would determine whether an immigrant worker
can be expelled.
a.
Once a worker and his dependents are expelled from Jamaica,
they may return to their country of origin or any country that they
have permission to enter.
b.
If for any reason an irregular or regular immigrant worker is
brought before a court and ordered deported, the Minister would issue
an Order against him.
c.
The particular circumstances would determine whether an
application should be made to the Court or the Ministry.
d.
This would be determined by the merits of the case.
e.
English.
3.
The immigrant has no right to compensation.
4.
The time period for departure would depend on the circumstances
for expulsion. The worker may be required to leave forthwith or as
soon thereafter as arrangements for repatriation/onward journey are
finalized.
5.
Each case is treated on merit.
NICARAGUA
1.
Expulsion is applied solely and exclusively to individuals
involved in criminal activities, or when they do not meet the
requirements set for those purposes.
The
causes for expulsion could include cancellation of a residence permit
or visa, considerations of public order, defense, or domestic
security, or behavior in contravention of the principles and interests
of the government.
When
a foreigner is a repeat offender in serious crimes of types that
threaten society, such as trafficking in human lives, weapons, or
narcotics.
2.
The Interior Ministry is the agency responsible for ordering
expulsions, be they of regular or irregular immigrants.
An
expelled foreigner is free to choose the country he wishes to enter,
subject to entry authorization from the state in question.
The
Directorate of Migration and Nationality is responsible for carrying
out deportations and expulsions. However, such expulsions do not
oblige a foreigner to leave the country and enter the territory of a
government that is pursuing him for political reasons or where his
life or that of his family would be in danger.
The
administrative procedure is for the agency or institution hiring the
migrant worker to lodge a request with the Directorate of Migration
and Nationality, indicating their reasons; the Directorate then issues
a resolution on the matter.
All
foreigners, irrespective of their status in the country, are entitled
to file appeals with the competent authorities for the review of any
measures they deem unfair or legally inadmissible. The procedure is
based on a written submission (Review Remedy) that the foreigner files
with the Directorate of Migration and Nationality and in which he
explains his grievances; once it has been lodged, a resolution, be it
favorable or not, must be issued within 15 days.
If
the resolution goes against him, he may appeal to the Interior
Ministry; if the Ministry’s resolution is negative, he may file a
final appeal with the Supreme Court of Justice; and, while the matter
is being resolved, he may remain in the country until a final
resolution is issued.
Language
is not a barrier for a foreigner to be apprised of a decision or
resolution; if he does not understand Spanish, the services of an
interpreter will be provided.
3.
No reply.
4.
Consideration is given to the reasons for the expulsion and to
the terms set by the competent authority (Interior Ministry); however,
since deportation is a power exercised directly by the Directorate of
Migration and Nationality, that agency sets a period of three days
following notification of the order to leave the country.
5.
Article 57 of the Nationality Law defines migratory offenses
and does not relieve employers from paying wages, salaries, or other
forms of remuneration to the foreign staff hired by them. This article
applies to irregular migrant workers.
PANAMA
1.
In such an instance, the circumstances surrounding the case
would have to be studied.
2.
The National Directorate of Migration and Naturalization is the
competent national authority responsible for ruling on the expulsion
or deportation of migrant workers and their families, irrespective of
their status. In this regard, we can point out that the National
Directorate takes pains to ensure that immigrants are directed to
states other than their countries of origin.
The
procedure followed for deportations or expulsions, as appropriate, is
as follows:
a.
Once an arrest order has been issued, in the form of a
resolution, notice is served on the individual in question.
b.
The resolution ordering deportation or expulsion is drawn up,
and the Director and Subdirector of Migration sign it.
c.
The individual in question is personally notified.
In
either instance (arrest or deportation), the individual may file for
one of several forms of relief: habeas corpus, with the Supreme Court
of Justice; reconsideration of the resolution, with the Director of
Migration; or an appeal with the Ministry of Government and Justice,
the immediate superior of the immigration officials.
If
one of the above remedies is filed, execution of the order is
suspended.
These
administrative decisions are issued in Spanish; however, when so
required, the services of an interpreter are used.
3.
No reply.
4.
The law stipulates that once the last notification has been
issued, the immigrant has three days to leave the country.
5.
No reply.
PARAGUAY
1.
They cannot be expelled.
2.
The regular courts and/or competent administrative or judicial
authority.
a.
They can go to any state they choose that is willing to admit
them.
b.
Legal procedures are provided for in the Migrations Law.
c.
No reply.
d.
They are allowed to remain in the country.
e.
Notice is served in their own language.
3.
No such cases have been reported. The procedure if anything
like that were to occur would be to take legal action before the
courts.
4.
Determined by the resolution in each specific case.
5.
If the migrant worker’s situation is in order, he can appeal
to the regular courts. This does not apply to irregular migrants.
PERU
1.
No reply.
2.
No reply.
3.
No reply.
4.
No reply.
5.
No reply.
6. Judicial Guarantees and Due
Process of law
1. Are irregular immigrant workers
and their family members entitled to fair trial and court protection
on the same terms as citizens of your country? Can an irregular
immigrant worker be expelled from your country merely by appearing
before the court system for any other matter? Are legal counsel
services available to migrant workers who are unable to pay the legal
services of a professional?
2. Are immigrant workers and their
family members entitled to appear before the diplomatic authorities of
their country of origin or to seek assistance for the protection of
their rights, or from the authorities who represent the interests of
that country? If so, how is that right made available to the migrant
workers and their family members?
BOLIVIA
1.
Irregular immigrant workers and their families do not have the
same right to judicial guarantees and judicial protection in the same
terms as Bolivian nationals.
An
irregular immigrant worker cannot be expelled from the country simply
for appearing before the courts; the matter that brought him before
the law must first be analyzed. For example:
If
it is for a crime punishable by more than six months in prison, the
worker will be expelled from the country.
If
immigrant workers appear before the courts to denounce violence or
abuse committed against them or their families, they cannot be
deported, because they can straighten out their legal status in the
country.
The
Bolivian State provides free legal advice services, known as the ‘public
defense’ system, which are available to irregular immigrant workers.
2.
Yes, they have every right to seek assistance from the
diplomatic authorities representing their home countries.
BELIZE
1.
Yes, No, Yes.
2.
Yes.
COSTA
RICA
1.
Under Article 39 of the Constitution, due process is guaranteed
as a constitutional right, irrespective of color, religion, or
nationality. That same legal guarantee grants individuals the right to
appear before the courts and to assert their rights, irrespective of
migratory status, because the protection of human dignity stands above
all else.
2.
Yes. Our neighboring countries’ diplomatic missions usually
provide legal services that advise their nationals.
JAMAICA
1.
Yes; No; Depending on the nature of the matter pro bono legal
services may be available.
2.
Immigrant workers may seek assistance from their diplomatic or
other authorities who represent the interest of that country. No
special measures are undertaken by the Government to facilitate that
interaction in normal circumstances. However, if a foreign national is
detained on criminal charges efforts are made to contact the
appropriate authorities, in accordance with Jamaica’s Treaty
obligations.
NICARAGUA
1.
No reply.
2.
All migrant workers, whether regular or irregular, are entitled
to ask their duly accredited embassies or consulates for support and
protection if their rights are violated.
Should foreigners violate the laws of our country, they are
detained in the immigration offices and reported to the Foreign
Ministry within five
working days during which a resolution of the matter is made; in
addition the Foreign Ministry informs the respective embassies so that
they might take cognizance of the matter and make contact with their
nationals.
PANAMA
1.
Yes; both irregular immigrants and their families are entitled
to judicial guarantees and protection under the same terms as
Panamanian nationals; they are even not necessarily expelled from
Panama when they have to appear before the courts.
As regards legal advice services, Panamanian law stipulates
that any person who is arrested is entitled to the assistance of a
lawyer.
2.
Yes; migrant workers and their families are entitled to contact
diplomatic authorities to seek help in asserting their rights. Such
requests can be made by telephone, in notes or personal messages,
through the National Directorate of Migration and Nationalization, or
by means of any other form of communications.
PARAGUAY
1.
Only migrants whose situation is in order can appeal to the
regular courts. Irregular migrants can be expelled from the country.
2.
The relevant consulates are responsible for providing the
assistance that migrants require.
In addition, the Paraguayan Episcopal Conference, through its
pastoral services for migrants, offers professional legal services.
PERU
1.
No reply.
2. Peru provides all the facilities necessary for foreigners to receive assistance from accredited diplomatic or consular offices in the country.
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