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Results for human rights abuses(mexico)

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Author: Inter-American Commission on Human Rights

Title: Human Rights of Migrants and Other Persons in the Context of Human Mobility in Mexico

Summary: 1. Pursuant to Article 41 of the American Convention on Human Rights and Article 58 of its Rules of Procedure, the Inter-American Commission on Human Rights (hereinafter "the Inter-American Commission" or "the IACHR") is presenting this report to assess the human rights situation of the international and domestic migrants in the context of human mobility in Mexico and to make recommendations to ensure that the migration and immigration policies, laws and practices in the United Mexican States (hereinafter "the Mexican State," "Mexico" or "the State") comport with the international human rights obligations it has undertaken to protect migrants, asylum seekers, refugees, victims of human trafficking and the internally displaced persons. 2. Throughout this report, various situations are described that affect the human rights of migrants, asylum seekers, refugees, victims of human trafficking and the internally displaced in Mexico. This report's particular focus is on the serious violence, insecurity and discrimination that migrants in an irregular situation encounter when traveling through Mexico, which includes, inter alia, kidnapping, murder, disappearance, sexual violence, human trafficking and the smuggling of migrants. The report also looks at the issue of immigration detention and due process guarantees for migrants, asylum seekers and refugees held in immigration holding or detention centers. The report will also examine situations that affect the human rights of migrants who live in Mexico, such as their right to nondiscrimination in access to public services and their labor rights. The last part of the report examines the difficult circumstances under which those who defend the rights of migrants perform their mission. 3. Mexico is today a country of origin, transit and destination for migrants, and increasingly a country to which they return. Mexico is the necessary gateway of mixed migration flows, which include thousands of migrants, asylum seekers, refugees and victims of human trafficking which have the United States as their main destination and, to a lesser extent, Canada. Of all the countries in the Americas, Mexico is doubtless the one that most clearly reflects the various faces of international migration in a country. Because of the enormous impact that international migration has had on Mexico, particularly as a country of origin for migrants, globally Mexico has been a principal driving force and advocate for the recognition and protection of the human rights of all migrants. 4. Furthermore, in recent years, public security in Mexico has been severely eroded by the intense violence generated by organized crime and the battle being waged against it. The spike in criminal violence in recent years in Mexico poses very complex challenges for the State, which is called upon to take every measure necessary to safeguard the security of persons within its jurisdiction, which obviously includes migrants. Security and protective measures have to be premised on respect for human rights to ensure that the actions taken by the State to fight crime do not end up becoming a source of still greater insecurity or even State abuse. Mexico does not have a citizen security and safety policy specifically geared to preventing, protecting and prosecuting crimes committed against migrants. Furthermore, the State's response to the surge in violence has be to shore up the military and police forces to help them fight crime, mainly drug trafficking. In many instances, the effect of these two factors has been to increase the violence and human rights violations committed by State agents, rather than to safeguard the security of those in Mexico. 5. While the severe insecurity that Mexico is now experiencing has had profound effects on the Mexican population, it has also revealed just how vulnerable migrants in Mexico are, particularly migrants in an irregular situation in transit through Mexico. In recent years, the Commission has been receiving news and reports of multiple cases in which migrants are abducted, driven into forced labor, murdered, disappeared and, in the case of women, frequently the victims of rape and sexual exploitation by organized crime. The Commission has also received information to the effect that in a considerable number of cases, State agents - members of the various police forces or personnel of the National Institute of Migration - have been directly involved in the commission of the crimes and human rights violations listed above. At the present time, the extreme vulnerability of migrants and other persons to the heightened risks of human mobility in Mexico is one of worse human tragedies in the region, involving large-scale and systematic human rights violations. 6. The insecurity of migrants in Mexico was why, during the hearing on the "Situation of the Human Rights of Migrants in Transit through Mexico" held on March 22, 2010, civil society organizations asked the IACHR to have its Rapporteurship on the Rights of Migrant Workers and Their Families conduct an on-site visit to Mexico to examine the situation of migrants' human rights. For its part, the Mexican State's response was that the oversight mechanisms of the Inter-American and universal systems have an open, standing invitation to visit Mexico, so that the Rapporteurship's visit would be welcome. The onsite visit was hastened by a series of communications that civil society organizations sent to the IACHR Rapporteur on the Rights of Migrant Workers, and by thematic hearings held at Commission headquarters which revealed large-scale violations of migrants' human rights in recent years, the inefficacy of the public safety and security services, and the fact that no one was made to answer for the crimes committed against migrants. The Mexican State formally invited the Rapporteur to conduct an in loco visit, which he did from July 25 to August 2, 2011.

Details: Washington, DC: Organization of American States, 2013. 272p.

Source: Internet Resource: Accessed September 12, 2014 at: http://www.oas.org/en/iachr/migrants/docs/pdf/Report-Migrants-Mexico-2013.pdf

Year: 2013

Country: Mexico

URL: http://www.oas.org/en/iachr/migrants/docs/pdf/Report-Migrants-Mexico-2013.pdf

Shelf Number: 133293

Keywords:
Asylum Seekers
Human Rights Abuses(Mexico)
Human Smuggling
Human Trafficking
Immigrant Detention
Immigrants
Immigration
Organized Crime