General Aspects relating to the Protection of the Human Rights of Migrants Seminar-Workshop on Human Rights of Migrant Populations General Aspects relating to the Protection of the Human Rights of Migrants Tegucigalpa, Honduras February 10, 2011

Objectives To learn about the current context of migration flows in the Americas. –Trends and statistics To discuss the current situation regarding respect and protection of human rights and related challenges in the region To share best practices and protection efforts and to launch national joint actions

The Current Context of Migration According to IOM, 214 million migrants existed in 2010 worldwide – more than two times the number of immigrants recorded in 1980 and more than 3% of the world population. In the Americas, approximately 47 million in 2000 increased to 57.5 million in 2010 (27% of the total number worldwide). US: 13.5% of the country’s total population are migrants (2009) – 53% of them are from Latin America and the Caribbean. –A slower rate: the crisis, more border controls, and stricter policy –30% are irregular migrants – 40% of them are women

Canada: 7.2 million in 2010 – 21% of the country’s population. –Most of them are not from Latin America and the Caribbean (LAC) –Increasing outmigration from the Caribbean islands Latin America and the Caribbean: From 6.5 million migrants in 2000 to 7.5 million in 2010: –Primary destinations: US (68%), Argentina, and Spain –Destinations in LAC: Argentina, Venezuela, and Mexico –Women: From 44.2% in 1960 to 50.1% in 2010 –Primary outmigration countries: Mexico, Colombia, Puerto Rico, and Cuba –South-South: Mainly through corridors between countries The Current Context of Migration

Stricter current control measures, legislation, and migration policy vs. globalization, financial incentives for the transfer of capital and technology and integration into labour markets. An increase in irregular migration and mixed migration flows: higher vulnerability vis a vis the difficulty of identifying profiles: –Migrant smuggling –Trafficking in persons –Human rights violations along migration routes Women Unaccompanied migrant boys, girls, and adolescents Current Context: The Americas

Current Context: Migrants in Transit The violations of the human rights of many migrants – either while in transit, during their integration into societies of destination, or during the repatriation process – can take on alarming characteristics. The participation of common crime and transnational organized crime groups in these human rights violations is a challenge for States. A high sub-record of violations of the human rights of migrants exists. This is related to the lack of knowledge by migrants themselves about their rights and to the fear of denouncing due to their irregular status. The most vulnerable groups are: –Women –Boys, girls, and adolescents –Extra-regional migrants –Indigenous migrants –Stranded migrants –Victims of trafficking

Current Context: The Americas The economic crisis has shown the need for States to address migration with a human rights approach: –In the US, for example, the unemployment rate for Mexican and Latin American migrants was 11.4% in 2009, compared to 9.5% for nationals. An excessive concentration in construction, manufacture, and the hotel business as well as temporary work. –The lack of social protection in countries of destination increases the vulnerability of migrants. Recently arrived regular and irregular migrants do not receive any unemployment benefits or have access to other programmes. –Impact on reductions in remittances: 13% less remittances were sent to Mexico in 2009.

Human Rights Context: Arbitrary Expulsion Challenges still persist regarding expulsion according to national standards: –Procedure-related considerations (due process) Access to an interpreter Notifying an authority Consular communication Appeal procedures –Considerations regarding the methods of expulsion Prohibiting collective expulsion or deportation

Human Rights Context: Detained Migrants The criminalization of irregular migration or administrative detention which functions as judicial detention is a concern. Criminalization of migration vs. administrative detention. –Administrative detention should be short – only as necessary in order to establish an appropriate administrative punishment. The law should establish a maximum limit. –Detained migrants should have access to courts of justice or administrative appeal procedures. During the process, they should have access to complimentary legal assistance, an interpreter, and – if the detention is arbitrary – compensation processes. –An excessive use of judicial detention due to irregularity.

Annual Report of the UN Special Rapporteur, August 2010: –Criminalization of migration: The use of terms such as “illegal” renders all migrants in general vulnerable, even regular migrants / addresses the topic of “migrant profiling” / detention of under-age migrants –Frequent incompliance with the right to consular communication and notification Human Rights Context: Detained Migrants

Human Rights Context: Family Reunification and the Child’s Best Interest Many countries are still facing challenges regarding the decision of the Child’s Best Interest, in a context where most unaccompanied migrant boys and girls migrate for reasons of family reunification or due to the expulsion of parents with irregular migration status leaving children behind who are national citizens of the country of destination. The Child’s Best Interest: establishing elements or standards to determine what is the Child’s Best Interest.

Human Rights Context: DESC Report of the UN Special Rapporteur, April 2010: –Concern regarding the obligation of health workers to report irregular migrants. This leads to more disease, which affects migrant populations and the community itself (public health). –Health: As a minimum, emergency care, maternal health, and healthcare for migrant boys and girls should be provided. –Accommodation: Lack of access due to financial reasons or direct or indirect discrimination (credit information requirements, etc.), especially in the private sector; this leads to an overload in social housing that is not recognized or provided by all States.

Migration Policy and Human Rights Outmigration Policy: Linked to the right of each individual to freely exit their country of origin. –Actions oriented toward supporting migrant populations abroad through consular services, facilitating financial, political, and social links of migrants living abroad with their country of origin. –Information campaigns about migration, associated risks, the rights of migrants abroad. –Shared responsibility for the protection of the human rights of migrants between countries of origin, transit, and destination.

Immigration Policy: –Immigration Policy: Establishing criteria and conditions for entry and residence of foreign nationals in the receiving country, with a human rights and non- criminalization approach. –Policy for Immigrants: Rights and duties of immigrants in the receiving society and policies oriented toward the integration and protection of migrant populations considering their specific needs. Migration Policy and Human Rights

Related Efforts and Best Practices MEXICO After Tamaulipas, the Mexican Government launched a strategy against the abduction of immigrants which includes developing a map of criminal actions along migration routes, expediting the investigation of abductions, following up on ransom payment, and providing assistance to victims. Since December 2010, the Legislative Congress is working on the Migration Bill, which recognizes the right to have access to justice, education, and health for undocumented foreign nationals. February 2011: A proposal to establish a special office within the Attorney General’s Office for prevention and assistance in cases of crimes committed against migrants; proposes to address the phenomenon through public policy and through effective and specialized government structures, linked to the proposal for a new Migration Law submitted in December 2010.

HONDURAS A proposal for a Law for the Protection of Honduran Outmigrants to protect outmigrating Hondurans and their families; establishes the Office for Protection and the Centres for Assistance to Migrants. EL SALVADOR Congress has initiated discussions on the Law for the Assistance and Protection for Migrants and their Families, to protect the human rights of Salvadoran nationals living in the US. “Bienvenido a Casa” (Welcome Home) Programme for returned migrants. Related Efforts and Best Practices

GUATEMALA Actions are being implemented toward establishing a Temporary Protection Status (TPS) for undocumented Guatemalan nationals in the US. Discussions are underway in Congress since January regarding a bill to exonerate migrants returning from the US from taxes to enable them to bring the movable items that they possess into the country, such as vehicles, household electric appliances, and other items. Since 2009, discussions are underway to put through a new Migration Law to combat corruption more effectively and to improve migration security. Related Efforts and Best Practices

COSTA RICA: Establishment of a Special Migration Situations Team (ESME, Spanish acronym) which identifies profiles and implements referral mechanisms to meet the need for assistance and protection of migrants in vulnerable situations. A new Migration Law and Bylaws. Administrative Migration Court. PANAMA: February 2011: Immigration authorities from Colombia and Panama are analyzing cooperation mechanisms on migration matters in Panama and actions to combat migrant smuggling and identify criminals from both countries with pending cases. Related Efforts and Best Practices

El Salvador, Honduras, and Guatemala will establish a multilateral force to combat drug trafficking in the region. The details will be established at the upcoming summit of the Central American Integration System, to be held in June. Honduras and Mexico have launched the High Level Security Group to counteract aggressive acts against migrant populations in transit through Mexican territory, with the aim of improving communication relating to security, carrying out prevention campaigns oriented toward migrants, facilitating denouncement, and exchanging information about financial operations such as ransom payment, among other aspects. Related Efforts and Best Practices at a Regional Level

Mexico and El Salvador have started holding meetings to coordinate actions relating to the topic of security of migrants: –Regional cooperation based on the principle of shared responsibility –Respect for and protection of the human rights of migrants regardless of their migration status –Information exchange and strengthening investigation procedures October 2010: Ministerial meeting on organized transnational crime and security of migrants, Mexico City: –To build national capacity to exchange information and increase the security of migrants –To intensify information campaigns about the risks of irregular migration and bodies providing assistance and protection –To promote training and specializing for judges, public prosecutors, and security officers on this topic

The need to work toward… Effective implementation of international human rights instruments relating to migrants. Strengthening the system for protecting the human rights of migrants at a national level, but with a regional vision based on shared responsibility and cooperation. Understanding that xenophobia and prejudice adversely affect the enjoyment of the human rights of migrants, particularly in times of crisis. Implementing specific actions to improve the treatment of migrants in transit and destination countries and to prevent irregular migration and raise awareness regarding the risk associated to irregular migration in countries of origin.

Thank you for your attention! International Organization for Migration (IOM) Regional Office for Central America and Mexico Diana Trimiño Mora Tel: , ext. 242/