Draft first regional report on the implementation of the Montevideo Consensus on Population and Development

Summary
Economic Commission for Latin America and the Caribbean (ECLAC)
F. International migration and protection of the human
rights of all migrants
This chapter and its 10 priority measures deals with all international migration issues —as addressed in
regulations, policies and agreements between countries— with a long-term perspective, focusing on the
protection of the human rights of migrants, which by definition includes not only combating xenophobia and
discrimination, but also eradicating irregular migration, trafficking in persons and migrant smuggling. The
chapter also covers issues related to refuge and humanitarian responses. All these thematic priorities and the
actions required to address them are without distinction as to migration condition or status, and their rationale
is based on international human rights law. The countries adopted these guidelines, in the conviction that this
guiding principle represents a value held by the region.
The Montevideo Consensus on Population and Development was adopted before the Declaration of the
High-level Dialogue on International Migration and Development, adopted in October 2013, the 2030 Agenda
for Sustainable Development and the definitions and goals of the consultation and negotiation process on
a global compact for safe, orderly and regular migration, which began in 2017. Its priority measures have
clearly been forerunners for other global agendas, and while the region can draw on this strength, it also has
a purpose to fulfil.
A certain dissonance is apparent in the achievements of the Montevideo Consensus on Population and
Development. It is important to discuss whether the progress made in protecting migrants in the region’s
countries may be attributed to the Consensus or if it is still too early to assess these actions. At the very
least, there is value in the greater awareness in the region, and countries have recognized that the human
rights approach is the best path towards well-managed policies. However, the overall picture of vulnerability of
migrants remains a matter of concern and various migration routes continue to provide evidence in this regard.
As a baseline, in their original form, the priority measures were designed in 2013 in preparation for the
Second High-level Dialogue on International Migration and Development. At that meeting, the countries
expressed their commitment to working for the protection of migrants and the facilitation of migration, thus
indicating the emergence of a global response to the enormous challenges faced by migrants and the challenge
of States to address these. As the meeting’s resolution lacked an action plan or monitoring and follow-up
initiatives, the Montevideo Consensus on Population and Development emerged as an important alternative
in the region inasmuch as it recognized, at an early stage, the problems of child and adolescent migrants,
women at different stages of the migration process, and the vulnerabilities of persons in migratory cycles
(such as forced return and transit, two growing problems), and of the pressing needs for the inclusion and
social protection of immigrants and emigrants, persons in transit and deportees, victims of human trafficking
and unaccompanied minors, among other aspects.
These problems have become increasingly visible, and the governments in the region are making strenuous
efforts to address them. To do so they must maintain momentum in the implementation of some of the
measures —as reflected in the available national <strong>report</strong>s— and make special efforts to address measures
that are lagging.
Chapter F of the Montevideo Consensus on Population and Development includes many of the challenges
still pending in the countries. In any event, the region must undertake major tasks. Countries need to develop
and maintain the guarantees that can lead to the long-term consolidation of national policies and regulations,
both for the continuous adaptation of the existing institutional framework (supported by the intersectoral
principal and the national migration systems) and for building the required capacities to be able to anticipate
the demands associated with migration processes.
Two key factors must be considered: (i) fulfilling the priority measures requires the preparation of indicators,
which in the case of this chapter are quite complex and difficult to define in relation to the Sustainable
Development Goals; and (ii) these measures demand sustained compliance, for which the development of
the intersectoral principle and the role of civil society organizations must be duly recognized.
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