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[Work Plan]
Inter-American Comission on Human Rights (IACHR)
1. Activities Assigned
The Program assigns the following four specific activities
to the Inter-American Commission on Human Rights and its
Special Rapporteurship for Migrant Workers and Their
Families:
• Carry out activities to promote
the inter-American human rights system, with emphasis on the
human rights of migrants and their families, including the
use of the Commission’s website for that purpose.
• Facilitate the exchange of
information and technical assistance on human rights and
migration legislation with state agencies; government
officials; organs, agencies, and entities of the OAS;
multilateral organizations; and civil society organizations.
• Offer training on guarantees of
due process in migration proceedings and on the use of the
inter-American human rights system, to organizations that
make free legal aid programs available to migrants and their
families.
• Offer training to government
officials from sending, transit, and receiving countries on
consular protection to migrants in accordance with the
Vienna Convention on Consular Relations, taking into account
information, notification, communication, and consular
assistance for migrants.
2. Activities Carried Out
• In 2005, the
Rapporteurship compiled and distributed a CD containing
reports on subject areas, reports on visits carried out, and
inter-American system jurisprudence.
• Since 2005, the Special
Rapporteurship has received an increasing number of alerts
regarding the plight of victims of trafficking in persons,
many of whom are subject to domestic servitude, sexual
exploitation, and forced labor.
• During the same period,
the Rapporteurship has paid special attention to major
issues, such as the smuggling of migrants and trafficking in
persons; the impact of the war on terrorism on migration
controls, and the situation of migrant workers in the
region. It has also assessed the effects of the numerous
natural disasters in the Hemisphere, such as those occurring
over the past two years in Haiti, the southern part of the
United States, Central America, and the south of Mexico, and
their impact on migration flows, as well as the effects on
migration of unequal development between regions and
countries and of certain political and economic crises in
the region. The IACHR has also kept track of major
developments regarding migration in the Southern Cone, such
as the entry into force of Argentina’s new Migration Law and
the promulgation of amendments to the Chilean Constitution.
• Over the past two years,
the IACHR has deepened its knowledge of concrete aspects of
the situation of migrant workers and their families in the
region. During the 123rd regular session in October 2005,
three further thematic hearings were held to discuss issues
related to migrant workers and their families. At one of the
hearings, trafficking in persons in the Americas was
discussed, with emphasis on shortcomings and failings in the
development of laws and regulations designed to prevent and
punish this offense. On that occasion, the Commission urged
states to develop integral policies and norms designed to
prevent and punish trafficking in persons, based on a
perspective of respect for human rights. The IACHR also held
a hearing specifically to receive information regarding the
situation of Haitian and Dominican-Haitian communities in
the Dominican Republic. Finally, the Commission was informed
at that session of the situation of some migrants performing
domestic services for diplomats and international civil
servants, especially with respect to their legal
defenselessness due to their employers’ abuse of their
diplomatic immunity.
• In March 2006, the IACHR
conducted hearings on the situation created by the General
Law of Migration of the Dominican Republic and on the
situation of migrant workers in Costa Rica.
• During the special
sessions held in Guatemala City in July 2006, the
Inter-American Commission received information regarding the
free trade agreements and human rights in Central America, a
subject that also has repercussions on migration issues.
• Simultaneously, the
Special Rapporteurship has continued to lend its assistance
and examine petitions and requests for precautionary
measures received by the Commission in connection with
migrant workers.
• Given the special concern
manifested by several member states, the Rapporteurship
decided to address the issue of the obligations of states
sending migrant workers to protect and guarantee their human
rights in its Seventh Annual Report, corresponding to 2005.
The Rapporteurship was able to document the finding that,
often enough, protection or violation of a right depends on
prompt and effective action by the diplomatic or consular
representation before the state in which the migrant worker
is located.
• From August 2005 to
end-2006, the Special Rapporteurship lacked the additional
funds needed to carry out its activities, which were
therefore curtailed. In November 2006, it received a major
donation from the Government of the Bolivarian Republic of
Venezuela. The Rapporteurship underscored the value of that
support and it trusts that the interest expressed by other
states and organizations will materialize in the form of
further financial contributions.
• Among other things, that
financial support allowed the Rapporteur, on behalf of the
IACHR, to take part, toward the end of November, 2006, in
the workshop on “Migrant Workers: Protection of Their Labor
Rights and Labor Market Programs.” The meeting took place in
Ottawa, Canada, and was organized by the Inter-American
Conference of Ministers of Labor (IACML). The objectives of
the workshop included promotion of dialogue and cooperation
among the Labor Ministries of the Americas on the promotion
of the labor rights of migrant workers and the migration
processes implemented by the states in accordance with their
legal systems; the exchange of experiences and programs to
promote and protect the labor rights of migrant workers and
labor market programs, with particular emphasis on Canada’s
temporary workers program; and the identification of lessons
learned and guidelines for future action in the
inter-American context.
3. Activities Being Planned:
During the regular session of the IACHR to be held in
February and March 2007, the Commissioners will establish
the schedule of activities to be carried out by the
Rapporteurship, using the funds received. The activities
contemplated include, inter alia:
• Selecting a specialist in
migrant workers’ rights to prepare studies on the subject
and support the legal analysis of petitions, cases, and
precautionary measures received by the IACHR.
• Updating the Special
Rapporteurship’s web page.
• Organizing seminars,
workshops, and promotional activities to disseminate
knowledge of the rights of migrant workers and their
families.
• Participating, on behalf
of the IACHR, in the activities referred to in the foregoing
item.
4. Calendar
Hiring of the specialist is scheduled for first semester
2007.
The schedule for the remaining activities will depend on the
priorities set by the IACHR at its next session.
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