Reportof the Inter-American Program for the

Promotion and Protection of the Human Rights of Migrants, Including Migrant

Workers and Thier FamiliesCommittee on Juridical and Political Affairs (CAJP)

April 28, 2011

Migration and Development Program

• The Program was adopted via resolution AG/RES. 2141 (XXXV-O/05), on June 7, 2005.

• It includes a series of activities, as well as guidelines and best practices for implementation by the OAS, its member states, international organizations, and civil society in general.

Background

Its main objective is to promote the development of public policies, legislation, and best practices to safeguard the human rights of migrants.

The Program also promotes cooperation and best practices by integrating specific activities within the work of the organs, agencies, and entities of the OAS, and by linking these activities with progress on the part of the member states, multilateral agencies, and civil society organizations.

Background

• Pursuant to Article 113 of the OAS Charter, the Office of the Secretary General is responsible for developing the Work Plan of the Program, with a view to organizing the specific activities delegated to the different organs, agencies, and entities under its purview.

• The Program includes a follow-up mechanism to ensure its implementation, requiring the different areas of the General Secretariat and Program stakeholders to present the CAJP with an annual report on the status of the Program’s activities.

Background

INTER-AMERICAN SYSTEM

Inter-American Commission on Human Rights (IACHR) and the Special Rapporteurship on Migrant Workers and Their Families

Reported

Inter-American Juridical Committee (CJI)

Inter-American Commission of Women (CIM)

Inter-American Children’s Institute (IIN) Reported

Inter-American Agency for Cooperation and Development

Pan American Health Organization (PAHO) Reported

Inter-American Institute of Human Rights (IIDH) Reported

PROGRAM STAKEHOLDERS

GENERAL SECRETARIAT

Secretariat for Political Affairs No activities to report

Executive Secretariat for Integral Development

Migration and Development Program (MiDE)

Office of Education and Culture

Inter-American Network for Labor Administration

Reported

Secretariat for Multidimensional Security

Summits of the Americas Secretariat

PROGRAM STAKEHOLDERS

STAKEHOLDERS OTHER THAN THE ORGANS, AGENCIES, AND ENTITIES OF THE OAS

Regional Conference on Migration (CRM)

South American Conference on Migration

Central American Commission of Directors of Migration (OCAM)

Southern Cone Common Market, particularly the Specialized Migration Forum of MERCOSUR and Associated States

Andean Community of Nations Reported

Caribbean Community (CARICOM)

Federation of Ibero-American Ombudsmen

PROGRAM STAKEHOLDERS

Multilateral Organizations

International Organization for Migration (OIM)

Office of the United Nations High Commissioner for Human Rights (OHCHR) and Office of the Special Rapporteur of Human Rights of Migrants

Office of the United Nations High Commissioner for Refugees (UNHCR)

Reported

International Labor Organization (ILO)

PROGRAM STAKEHOLDERS

2010 Report - Highlights

• According to the information reported:In all, the participating organizations carried out

more than 30 Program-mandated activities, designed to help achieve Program-related objectives.

2010 Report - Highlights

• In all, the inter-American system reports that 22 activities have been carried out in 2010;

• Organizations outside the OAS system have carried out 10 such activities in 2010.

2010 Report - Highlights

• Main types of activities• Training

– Asylum and refuge;– Migration and employment;– Prevention of international abductions and sexual exploitation

of children and adolescents;– Labor rights of migrant workers;– Trafficking in persons; and– Rights of vulnerable populations, including migrants.

2010 Report - Highlights

• Projects

– Services for unaccompanied migrant children and adolescents;

– Migrant worker access to health services;– Safeguarding the rights of vulnerable populations;

2010 Report - Highlights

• Studies– Education policies and programs for migrant

children and adolescents;– Analysis of institutional capacity to provide

services for unaccompanied migrant children and adolescents;

– Migrant worker access to labor justice.

2010 Report - Highlights

• Development of computerized tools– Database of Migration Legislation in the Americas

(MILEX);– Interactive Map of Temporary Employment

Programs for Migrant Workers of the Americas (MINPET);

– Continuous Labor Migration Reporting System for the Americas (SICREMI).

2010 Report - Highlights

• Dissemination of information on:

– Refugees;– Labor migration;– Migrant worker health

2010 Report - Highlights

• Technical assistance– Asylum and refuge;– Migrant worker labor rights.

2010 Report - Highlights

• Forums and seminars– Labor migration;– Migration and gender.

Final Observations

• Analysis of the topics addressed reveals their relevance on the agendas of the member states, although much remains to be done to ensure the protection of migrant workers and their families.

Final Observations

• The diversity of the participating organizations has made it possible to address the different thrusts of the issue.

• The Program has become a model of reference for joint collaboration in addressing the needs of migrant workers.

• The results of this report prove that the Program’s strategy has been effective in promoting, motivating, and implementing activities designed to promote and safeguard the human rights of migrant workers and their families.

PROPOSED REGULATIONSTO GOVERN THE SPECIFIC FUND FOR THE

INTER-AMERICAN PROGRAM FOR THE PROMOTION AND PROTECTION OF THE HUMAN RIGHTS OF MIGRANTS, INCLUDING MIGRANT WORKERS AND THEIR FAMILIES

Mandate

TAKING INTO ACCOUNT resolution AG/RES. 2593 (XL-O/10), “Human Rights of All Migrant Workers and of Their Families,” which recommends the drafting of regulations to govern the Fund of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families, with a view to facilitating its effective operation, and to request the Permanent Council to consider and adopt rules of procedure for it at the proposal of the General Secretariat.

Fund of Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and Their Families

• The objective of the Fund is to help finance Program activities.

• The Fund would be comprised of voluntary contributions on the part of the member states and permanent observers states, as well as individuals and public and private national or international entities.

• Pursuant to Article 74 of the General Standards to Govern the Operations of the General Secretariat of the Organization of American States, the member states, permanent observer states, and other donors may contribute to the Fund.

Request the Committee on Juridical and Political Affairs to:

• Set, during the Annual Meeting of the Program, the thematic priorities for the Program for the following two years; and

• Form an Evaluation and Selection Committee made up of representatives of the countries of the subregions to evaluate requests for the funding of Program activities and to make the appropriate selections.

• Said Committee would be comprised of the following five members: the Committee Chair and four representatives of the South American, Central American, North American, and Caribbean subregions who would be appointed to a two-year term. The specific criteria for the selection of Fund beneficiaries would be based on relevant principles associated with results, efficiency, impact, and sustainability.

• Consultations among Committee members would be carried out to the extent possible via electronic or similar media, with a view to avoiding the incursion of additional costs.

Request the General Secretariat to:

• Act as the Technical Secretariat of the Fund through the Executive Secretariat for Integral Development;

• Accept contributions in keeping with the objectives and purpose of the Fund;

• Negotiate with donors, as necessary, the terms and conditions of donations, in keeping with the purpose of the Fund and the objectives and commitments of the OAS;

• Pay the administrative expenses of the Fund with Fund resources, pursuant to rules of procedure governing the General Secretariat; and

• Present an annual report during each regular session of the General Assembly regarding Fund activities, donations received during the year, and financial situation of the Fund. This report is to form part of the Annual Audit of Accounts and Financial Statements.

• The Permanent Council shall review the viability and effectiveness of the Fund two years from the date of its establishment, or prior to that time should the Secretary General report that the level of Fund resources are insufficient to carry out the selection process.

• The accounts of the Fund shall be subject to annual audits of the General Secretariat, the results of which are to be presented within the annual report to the Board of External Auditors.

• These guidelines may be modified or annulled at the discretion of the Permanent Council or at the recommendation of the Secretary General.

Viability, audits, and modifications