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8th Model of the Permanent Council
for OAS Interns – 8th MOAS/PC
FINAL BOOK OF RESOLUTIONS
Organization of American States
Washington, D.C.
EDUCATION AND INFORMATION STRATEGIES FOR PROMOTION OF THE HUMAN RIGHTS OF MIGRANT WORKERS AND THEIR FAMILIES IN THE AMERICAS: RECOGNITION AND ADOPTION OF THE INTERNATIONAL MIGRANT DAY AND SUPPORT FOR THE CREATION OF AN ANONYMOUS MIGRANT HUMAN RIGHTS HOTLINE
Presented by the delegations of: Antigua Barbuda, Argentina, Barbados, Belize, Bolivia, Costa Rica, Dominican Republic, El Salvador, Jamaica, Paraguay, Panama, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, United States of America and The Bolivarian Republic of Venezuela
THE MODEL GENERAL ASSEMBLY,
ACKNOWLEDGING that the defense of human rights remains an essential pillar of the Organization of American States (OAS), as stated in Chapter XV, Article 106, of the OAS Charter that includes the Inter-American Commission of Human Rights with the principal organs of the Organization;
RECOGNIZING ALSO that all OAS member states are countries of origin, transit and destination of migrants, and that migration is of both social and economic importance to the member states;
AFFIRMING the dignity of the individual and the right of every person to equality before the law regardless of race, sex, language, creed or any other factor, as stated in Article 2 of the American Declaration of the Rights and Duties of Man;
REAFFIRMING our commitment to the elimination of all forms of discrimination and the promotion and protection of human rights of migrants and the members of their families, as well as to the defense of the effective exercise of workers’ rights, as stated in Articles 3, 9 and 10 of the Inter-American Democratic Charter;
REFLECTING UPON the principles and standards set forth in the basic instruments of human rights by the member countries of the Organization of American States, in particular the American Declaration of Rights and Duties of Man, the American Convention on Human Rights, its Protocol on Social, Economic and Cultural Rights, and the resolutions adopted since 1997 regarding the human rights of all migrant workers and their families;
RECALLING the adoption of AG/RES. 2141 (XXXV-O/05) which creates the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and their Families;
RECOGNIZING that in order to support the implementation of the Mandates and Activities of the Inter-American Program and the Work Plan of the Special Committee on Migration Issues (CEAM), the OAS launched within its Executive Secretariat for Integral Development the Migration and Development Program (MiDE), to bring together and coordinate the initiatives on migration and emphasize the topic as an overarching theme in all pertinent areas of the Organization;
CONSIDERING the principles and standards set forth by the United Nations concerning human rights, including the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention against Discrimination in Education of the United Nations Educational, Scientific and Cultural Organization, and Resolution 45/158 of the United Nations International Convention on the Protection of the Rights of all Migrant Workers and Members of their Families, a comprehensive treaty that serves as both a guide and stimulus for the promotion of migrant rights;
RECALLING that International Migrants Day is observed on December 18, as appointed by the General Assembly of United Nations on December 4, 2000, in commemoration of the 10th anniversary of the adoption of Resolution 45/158, on the International Convention on the Protection of the Rights of Migrant Workers and Members of their Families;
TAKING NOTE of the regional initiatives, activities, and programs of the Regional Conference on Migration (Puebla Process) in North America; the ministerial dialogue among Mesoamerican countries; the South American Conference on Migration; the Specialized Forum on Migration of MERCOSUR; and the Andean Migrations Network (Red Andina de Migraciones);
BEARING IN MIND that the International Labor Organization (ILO) Conventions on Migrant Workers, ratified by Latin American and Caribbean countries, specifically the Migration for Employment Convention (C.97), aim to prevent and eliminate abuses in the employment of migrants;
EMPHASIZING the Global Migration Group as an inter-agency entity, that brings together heads of agencies to promote the wider application of all relevant international and regional instruments and norms relating to migration;
RECALLING WITH SATISFACTION the decision taken by the Permanent Council of the Organization of American States (OAS) at its meeting on October 24, 2007, to establish the Special Committee on Migration Issues to analyze migration issues and flows from an integral perspective, taking into account the relevant provisions of international law, especially international human rights law;
TAKING INTO ACCOUNT THAT migration flows will very likely increase as a result of various social, economic, political, and demographic factors, including migration resulting from sub-regional integration efforts;
The annual reports of the Inter-American Commission on Human Rights, especially the chapter on the activities of the Rapporteurship on the Rights of Migrant Workers and their Families (CP/doc.4280/08 and CP/doc.4380/09); Resolution CJI/RES. 150 (LXXIII-O/08); the “Opinion of the Inter-American Juridical Committee on the Directive on Return Adopted by the Parliament of the European Union,”; and Permanent Council Resolution CP/RES. 938 (1654/08), “OAS Action on the European Union’s Return Directive on Migration Issues”;
Advisory Opinions OC-16/99, “The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law,” and OC-18/03, “Juridical Condition and Rights of the Undocumented Migrants,” issued by the Inter-American Court of Human Rights on October 1, 1999, and September 17, 2003, respectively;
TAKING INTO CONSIDERATION the importance of guaranteeing the protection of the human rights of migrant workers and their families, and to creating a comprehensive approach to the migration phenomenon in order to bring about increased cooperation among the countries of the Hemisphere to ensure the protection of migrants;
AFFIRMING that the violation of human rights of migrants is an issue of increasing importance in contemporary society and that, in order to decrease the great discrepancy between the formal establishment of these rights and the actual implementation of these rights, an effort must be made to widely promote awareness among migrant workers of their human rights;
AWARE of the impact of the flows of migrant workers on States and people concerned, and desiring to establish norms which may contribute to the harmonization of States through the acceptance of basic principles concerning the treatment of migrant workers and members of their families;
CONSIDERING the severe situation of migrants, especially those who are irregular, and their families, who are particularly vulnerable to human rights violations and abuses;
CONSIDERING ALSO that migrant workers are often victims of mistreatment and are unaware of their legal rights in their country of origin and in other countries alike;
TAKING INTO ACCOUNT that many of the migrants cross borders in search of better opportunities to escape the poverty in their home countries, as was witnessed in the Inter-American Program to Combat Poverty and Discrimination;
BEARING IN MIND that all migrants and their defenders have a duty and an obligation to obey all laws of the countries of origin, transit, and destination;
CONVINCED THEREFORE, of the need for providing adequate education and sufficient information to all migrant workers and their families regarding their inherent human rights;
RESOLVES:
1. To request the General Secretariat to provide a detailed report on the activities carried out in compliance with OAS Resolution AG/RES. 2141 (XXXV-O/05), of the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and their Families.
2. To urge Member States to adopt and create an anonymous migrant human rights hotline, called “Mi voz, mis derechos/My voice, my rights/Ma voix, mes droits/Minha voz, meus direitos” within their respective jurisdictions, which will act as a medium through which migrants can consult knowledgeable, non-governmental organizations and volunteer legal experts regarding measures to properly safeguard their rights. Each respective, sovereign government must uphold a non-disclosure agreement to all personnel working with the hotline and all information contained within the hotline database.
3. To call upon Member States to continue discussing their experiences and provide information on their existing national and international legal framework that guarantees the human rights of migrant workers and their families, reaffirming the importance of data and systems for accurate and timely information on migration to foster strengthening of institutional capacities, cooperation activities, and the exchange of best practices among states.
4. To suggest Member States to progressively include non-governmental, non profit agencies, civil society, regional and international organizations in the implementation of the activities delineated in this Resolution, as established in Resolution AG/RES. 2141 (XXXV-O/05).
5. To encourage Member States to expand the recognition and adoption of the 18th of December as International Migrants Day, as established by United Nations General Assembly Resolution A/RES/55/93, supported by OAS Resolution AG/RES. 2141 [XXXV-O/05].
6. To recognize that the execution of the activities described in this resolution will be subject to the availability of financial resources as allocated by the countries to the “Fund for the Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, Including Migrant Workers and their Families,” created through Resolution AG/RES. 2141 (XXXV-O/05), as well as by voluntary contributions from Permanent Observers and other international, private, and non-governmental organizations.
7. To request the Permanent Council, through its Special Committee on Migration Issues, to report to the General Assembly at its forty-second regular session on the implementation of this resolution.
“PREVENTION OF TRAFFICKING OF CHILDREN AND ADOLESCENTS: IMPLEMENTATION OF EDUCATIONAL PROGRAMS”
Resolution presented by the Delegations of: BAHAMAS, BRAZIL, CANADA, CHILE, COLOMBIA, DOMINICA, ECUADOR, GRENADA, GUATEMALA, GUYANA, HAITI, MEXICO, NICARAGUA, PERU, SAINT KITTS AND NEVIS, SAINT LUCIA, and URUGUAY.
THE MODEL GENERAL ASSEMBLY,
TAKING INTO CONSIDERATION the conventions on international protection of minors, particularly the provisions of Articles 11 and 35 of the Convention on the Rights of the Child (1989), adopted by the United Nations General Assembly; the UN Convention against Transnational Organized Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; the INTER-AMERICAN CONVENTION ON INTERNATIONAL TRAFFIC IN MINORS (B-57); Resolutions AG/RES. 2486 (XXXIX-09), “Prevention and Eradication of Commercial Sexual Exploitation and Smuggling of and Trafficking in Minors,” AG/RES. 2456 (XXXIX-O/09), “Hemispheric Efforts to Combat Trafficking in Persons: Conclusions and Recommendations of the Second Meeting of National Authorities on Trafficking in Persons,” and Resolution AG/RES. 2551 (XL-0/10) “Work Plan Against Trafficking in Persons in the Western Hemisphere.”
RECALLING that Article 16 of the Inter-American Democratic Charter declares that: “Education is key to strengthening democratic institutions, promoting the development of human potential and alleviating poverty and fostering greater understanding among our peoples” and that the Article 27 declares that “The objectives of the programs and activities will be to promote good governance, sound administration, democratic values, and the strengthening of political institutions and civil society organizations. Special attention shall be given to the development of programs and activities for the education of children and youth as a means of ensuring the continuance of democratic values, including liberty and social justice.”
REAFFIRMING a key objective of the OAS is to give priority to the protection of all citizens in the Western Hemisphere,
TAKING INTO ACCOUNT that several countries in the Western Hemisphere are source, transit, and destination countries for the trafficking of children and adolescents;
CONVINCED that this crime cannot be solved unilaterally and that international cooperation is vital to achieve an effective protection of fundamental human rights;
BEARING IN MIND that the promotion and protection of human rights and education are integral to the OAS as stipulated in the Charter of the Organization of American States, and the Inter-American Democratic Charter;
RESOLVES,
1. To reiterate its vigorous condemnation of human trafficking, especially of children and adolescents and, thus, reaffirm the commitment and will of all Member States to continue designing, strengthening, and implementing effective measures to fight human trafficking throughout the Hemisphere.
2. To design a comprehensive educational campaign called “Your voice, your choice, your destiny!” to combat and prevent Human Trafficking throughout the Hemisphere with the main objective of increasing awareness and knowledge of the perils of human trafficking, and target potential victims, customers, and the traffickers themselves. The campaign will be initially directed towards primary and secondary educational levels, high-risk areas gravely affected by trafficking, then ports of entry/exit to high-risk Member States (seaports and airports).
3. To encourage the implementation this educational campaign throughout the Hemisphere’s schools in order to educate children and adolescents. The campaign will focus on the following topics:
· Definition and recognition of what constitutes human trafficking in its distinct forms: forced labor, bonded labor, sex trafficking and debt bondage, involuntary servitude, sex tourism, children in arm conflicts, amongst others;
· Denote the ramifications of these offenses, individually and to society as a whole;
· Disseminate information concerning the circumstances under which these crimes are frequently committed, to include ways of identifying said crime, possible preventative measures, means of prevention available to potential victims and legal mechanisms available to report said crime;
· To apprise the legal consequences of committing human trafficking;
4. To publicly launch this campaign in high-risk areas given that the vast majority of these citizens cannot be reached through public institutions. The campaign will be oriented towards the particular characteristics of each region;
5. To implement the campaign in airports and seaports, considering the nexus between sex tourism and commercial sexual exploitation;
6. To instruct the Department of Public Security, to support the Member States by preparing a Plan for the coordination, implementation, and funding of this project, to be presented at next regular session of the General Assembly.