Introduction

The member organizations of the Non-Governmental Network for Migration from Canada, Central America, the United States, and Mexico, concerned with the situation of the migrant population in the region, propose to the representatives of the participating governments in this Conference as follows:

We regard favorably the continuation of the consultative meetings between the governments and on the expansion of the ?Puebla Group.? It is an encouraging process in terms of framing the issue of migration in a transnational context which goes beyond the view of migration from the perspective of a sending country or of a receiving country.

We value the process of institutionalization of a space for dialogue between the governments and the parallel forum of NGO?s within the framework of the Vice-Ministerial Meetings, which has been an enriching experience from its start at the Third Regional Conference on Migration. We are confident that we will continue to strengthen these relationships.

We recognize that execution of the Plan of Action of the Regional Conference on Migration has helped the participating governments to develop a better understanding of the migration phenomenon and its multiple effects. However, there is yet much ground to cover, as the migration phenomenon is a dynamic process in constant evolution.

We are convinced that the various aspects of the migration phenomenon must be addressed from the multidimensional perspective of development and with the potential for participation by all actors and institutions involved in the search for solutions to migration problems and paying attention to migrants.

Whereas:

1. The current economic model is exclusionary, as demonstrated by the growing social gap caused by structural adjustment processes which have been an obstacle for sustainable development, and which have brought about the growth of migratory flows and displacement.
2. The recent disaster caused by Hurricane Mitch has aggravated the problem of poverty in some of the countries of the region. It is necessary to convert this tragedy into an opportunity to seek out joint alternative methods (between government, civil society, and the international community) of constructing a new region of new countries in which the inhabitants could enjoy a standard of living in accordance with concepts of human dignity and sustainable development.
3. In this framework, the governments must reconsider the role of migration in the creation of development policy in the sending countries (which benefit from migrant remittances, the economic base of many households), as well as in the receiving countries (which benefit from the cultural, economic, and social contributions of migrants, and from a labor force whose education was funded elsewhere but whose labor serves the receiving countries' social and economic development.)
4. The migration policies of some countries have been formulated from a "national security" or "public safety" perspective which is used to justify the prosecution, detention, and deportation of unauthorized migrants, based on a presumption that they are active or potential criminals, in violation of the fundamental rights and dignity of such persons.
5. The criminalization of undocumented migrants forms part of a dangerous, unjust and mistaken tendency that associates the undocumented with legally and morally condemnable practices (such as drug trafficking, arms dealing, or prostitution), an association based on limited evidence which does not allow for such generalization.
6. The generalized involvement in migration affairs, without a legal basis, by agents of various law enforcement authorities and the military, creates a framework for the proliferation of practices which violate migrants' rights, regardless of their legal status.
7. Some initiatives in migration legislation in various countries exemplify the tendency to criminalize not only the migration phenomenon, but also the work of protecting and providing humanitarian assistance to migrants. Such policies have been enacted without any prior consultation with civil society.
8. Criminal penalties have been applied to simple border crossings and to unauthorized stays by foreigners, while at the same time migrants? access to judicial or administrative appeals to contest the arbitrary application of laws has been limited by legislative reforms and by reservations made in the adoption of international agreements.
9. In the NGO Statement at the Third Regional Conference on Migration, we voiced our concerns over the growing participation of women in many aspects of the migration phenomenon.
10. Among the principal problems for women in migration, the following are outstanding: the lack of access, in their home countries and their migratory destinations, to adequate health care, education, housing, employment, and credit. At the same time women migrants, as well as their sons and daughters, confront situations of violence and labor discrimination, which combine as double discrimination. Current migration policies do not recognize the particularities of women as people and as migrants with special needs.
11. Despite the various conferences held and agreements made, the violation of the fundamental rights of the migrant population persists, principally for the most vulnerable sectors such as women and children.
12. A significant and growing number of migrants are detained in detention centers and ordinary jails which lack even the minimal conditions of respect for human rights, and when deported are treated like dangerous criminals.
13. With respect to populations seeking refuge, the procedures established by the governments for the recognition of their status is neither effective nor equitable. Even in the case of mass dislocations, the responsibility to give humanitarian assistance is evaded in violation of refugees? human rights.

In light of the above, we propose:

Human Rights:

1. That all of the member governments of the Conference sign and ratify the International Convention on the Rights of Migratory Workers and their Families, adopted by the United Nations General Assembly in 1990;
2. That the governments design and apply policies that guarantee security and respect for the physical and moral integrity of the migrant population, particularly the most vulnerable sectors such as women, youth, children, and the elderly;
3. That as representatives of civil society we work on the problem of the migrant population, and that we be included in the development and reform of national and regional migration policy;
4. That detentions and deportations must be orderly, dignified, and safe;
5. That the agents charged with the investigation and prosecution of the so-called ?traffic in the undocumented? do so with full respect for, and the observance of, the rights of undocumented migrants;
6. That the characterization of migrants as active or potential criminals be eliminated from official discourse and discussion and from the mass media. Such characterization constitutes a violation of migrants' fundamental rights and dignity, and specifically affects the migrants' right to defend themselves in conditions of justice and equity; and
7. That joint commissions between governments and NGOs be formed in each country to monitor the respect for, and compliance with, the rights of the migrant population through joint efforts such as the following:

• Facilitation of access to places where foreigners are detained by NGO and international organizations that work in defense of migrants, and the provision to detainees with information about, and the means to communicate with, the aforementioned organizations;
• Organization of working meetings between governments and NGOs that consider ways to reduce the violation of human rights.

Migration Policy and Legislation:

1. That there be clearly defined powers and jurisdiction, based on national laws and the principles established in international conventions, for governmental institutions authorized to control and regulate migration;
2. That the concept of a ?trafficker in undocumented migrants? be defined with sufficient clarity so as to distinguish another type of "smuggler" whose objective is not profit, exploitation or abuse of migrants, so that such persons would not be subjected to the same treatment or criminal sanctions [as would criminal traffickers]; and
3. That there be eliminated from all current laws and legislative initiatives in the region any imposition of criminal penalties or punishment for any person or institution that provides humanitarian assistance to undocumented migrants.

Gender, women and migration:

1. That a study be carried out regarding the dimensions and implications of the participation of women in migration in the region;
2. That programs be created for the protection of women migrants to guarantee their safety and the recognition and respect of their human rights;
3. That migration policy take into account the special situation of women migrants and include guarantees of their human rights, and those of their sons and daughters, as well as guarantees of access to basic housing, health, education and nutrition services;
4. That the Seminar on Gender established in the Plan of Action include issues related to the following:

   * Family disintegration,

   * Human rights,

   * The situation on women, children, and youth in migration, and

   * The invisibility of female migration; and

5. That governments promote the disagregation of information and statistics on migration by gender and age.

Migration and Development:

1. That alternative community development models be implemented which guarantee a substantial improvement in the quality of life of the population, and in which the community is the central actor in its own development;
2. That case studies be carried out in migrant communities of origin where government or civil society organizations have undertaken local development projects with a focus on: the role of gender in development; the use and distribution of remittances and other migration-generated resources; and the involvement of diverse sectors, including indigenous people, among others;
3. That there be an expansion of the range of possibilities for productive investment at the local level;
4. That the governments invest greater resources in social programs with an emphasis on education, health services, and employment. Such increased investment would require a significant change in the design of economic policies and would require that economic policy would be established through consensus with civil society and communities, thus guaranteeing more effective application;
5. That new finance systems be designed in a participatory way which would strengthen the popular economy and integrate its beneficiaries as agents of economic and social development, a design which would seek to balance production resources and needs with levels of consumption and the generation and distribution of income. Such financing schemes must incorporate the following criteria:

• the increase and diversification of resources for financing with soft (below market rate) credit;
• more transparent criteria for the distribution of resources; and
• the participation of the State as a promoter of development in support of grass roots, community-based initiatives.

Signatory Organizations:

Canadian Council for Refugees (Canada)

Mexico-U.S. Advocates Network (Binational: Mexico-U.S.), including:

Sin Fronteras (Mexico)

Coalición Pro-Defensa del Migrante (Mexico)

Heartland Alliance for Human Needs & Human Rights (U.S.)

Immigration and Refugee Services of America (U.S.)

Lutheran Immigration and Refugee Service (U.S.)

National Immigration Project/National Lawyers Guild (U.S.)

American Friends Service Committee/Immigration Law Enforcement Monitoring

Project (U.S.)

Asociación Regional para las Migraciones Forzadas (ARMIF), including:

Consejo de Instituciones de Desarollo (COINDE) (Guatemala)

Association of National Development Agencies (ANDA) (Belize)

Asociación de Organismos no Gubernamentales de Honduras (ASONOG) (Honduras)

Foro de Migrantes de El Salvador (El Salvador)

Concertación Nacional de Refugiados, Retornados, y Desplazados (El Salvador)

Federación de Organismos no Gubernamentales de Nicaragua (Nicaragua)

Asistencia Legal Alternativa (Panama)

Coordinación Nacional de ONG?s (Costa Rica)

Translators' note: This translation from the original Spanish into English was done by Everard Meade and Susan Gzesh of Heartland Alliance. We followed the original text faithfully, making a few adjustments for the sake of clarity. We accept full responsibility for any errors.