Meeting of the Liaison Officer Network for Consular Protection

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Presentation transcript:

Meeting of the Liaison Officer Network for Consular Protection Regional Consultation Group on Migration (RCGM) San José, Costa Rica November 18, 2013 REGIONAL NETWORK FOR CIVIL ORGANIZATIONS ON MIGRATION

Best Practices in Consular Protection Approval of the Memo of Understanding between the Governments of Guatemala, El Salvador, Honduras, Nicaragua and the Dominican Republic on the Establishment of a Network for Consular Protection and Humanitarian Aid for Central America and the Dominican Republic in the United Mexican States”. Preparing a Manual on Legal Aid and Human Rights Protection for Salvadorans in the United States.

Developing a campaign on the risks of irregular migration in El Salvador, and approval of the law enabling Salvadorans abroad to vote. In addition, agreements established between the Institution for Registration of Natural Persons (RNPN) and the Ministry of Foreign Affairs to facilitate mechanisms to register Salvadorans living abroad. In Mexico, promoted by the Attorney General’s Office and civil society organizations, a collaboration agreement has been signed for the identification of mortal remains in Tamaulipas and Nuevo León.

Jointly developing the Special Migration Programme: Secretariat of the Interior of Mexico and Migration Policy Unit, with active participation of civil society. Developing a Protocol for Action for administrators of justice in cases involving migrants and persons that are subject to international protection. The Protocol is promoted by the Supreme Court of Justice of Mexico, together with civil society.

Efforts implemented by Nicaragua, such as the first online certification programme on Consular Protection and Human Rights, oriented toward consular and diplomatic officers of Nicaragua in Spain; and a workshop on the scope and benefits of the adherence of Nicaragua to the Apostille Convention. The efforts of the Government of Guatemala relating to the implementation of the information campaign on the potential migratory reform in the United States in order to avoid fraud. The best practice of coordination between the government and civil society organizations in this effort should be highlighted.

The efforts of the Government of Guatemala, within the framework of RCM, to organize the first seminar on migrant boys, girls and adolescents, held in August 2013. Approval of Agreement 3513 of the Judiciary of Costa Rica, on access to justice for migrants in vulnerable situations, ensuring the possibility of initiating legal proceedings even for migrants without regular migration documents or with expired documents, and authorizing consulates to issue the required documents.

Challenges We believe that all the above-mentioned efforts on consular matters should be strengthened; however, we think that it is urgent to reorient mechanisms toward adopting a human rights approach. In this regard, we urge countries to promote the portability of social security benefits for all migrants (covered or not), in the same manner as El Salvador has promoted the expansion of social security benefits in El Salvador, with support from the Ministry of Foreign Affairs. This includes the governments of Honduras, Guatemala, Nicaragua and Mexico.

We make an appeal for the effective development and implementation of protocols for action and guidelines that are specifically oriented toward ensuring the rights and guarantees of migrants, especially unaccompanied or separated migrant boys, girls and adolescents and refugee status applicants. In addition, we call for the implementation of alternatives to detention. We believe that strengthening training and awareness-raising of consular officers is extremely important – in countries of origin, transit and destination.

We believe that it is essential to increase the budget to be allocated to consulates based on the needs of migrants, in order to strengthen services in terms of legal aid as well as labour and social assistance. In addition, mechanisms should be established to ensure transparency and accountability in regard to budgets allocated to consular services. We reiterate the need for implementing a forensic data base for migrants that die while in transit in each Member State of RCM. Furthermore, additional resources should be allocated to strengthening this effort.

Within the framework of the right to an identity, States should urgently document their citizens and their family members. In addition, receiving countries should respect the registration of persons that are born in countries of destination and transit. We urge the Government of Costa Rica to re-open the Costa Rican Consulate in Managua, since the absence of this consulate directly affects all migrants due to the high costs involved in obtaining the required documents.

We point out the current situation in the Dominican Republic relating to violation of the right to a nationality and the risk of becoming a stateless person, in view of recent provisions by the Constitutional Tribunal on Dominican nationals of Haitian origin that are being denationalized. We invite governments to take up again joint actions on matters of consular protection within the framework of the Ad Hoc Group.