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SECURITY WITHIN THE FRAMEWORK OF THE HUMAN RIGHTS OF MIGRANTS

SECURITY WITHIN THE FRAMEWORK OF THE HUMAN RIGHTS OF MIGRANTS. THE GUIDING PRINCIPLE OF MIGRATION POLICY. EVERY MIGRATION MOVEMENT SHOULD BE REGULAR, SAFE, AND ORDERLY. HUMAN RIGHTS AGREEMENTS.

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SECURITY WITHIN THE FRAMEWORK OF THE HUMAN RIGHTS OF MIGRANTS

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  1. SECURITY WITHIN THE FRAMEWORK OF THE HUMAN RIGHTS OF MIGRANTS

  2. THE GUIDING PRINCIPLE OF MIGRATION POLICY EVERY MIGRATION MOVEMENT SHOULD BE REGULAR, SAFE, AND ORDERLY.

  3. HUMAN RIGHTS AGREEMENTS • Panama has taken on international human rights obligations through ratifying or adhering to various international instruments on this matter. • Within the sphere of the United Nations, Panama is a part of the International Covenant on Civil and Political Rights of 1966 and the International Covenant on Economic, Social, and Cultural Rights, as well as the Facultative Protocol of the International Covenant on Civil and Political Rights. • In addition, Panama has signed other specific agreements on human rights protection, such as the Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Prevention and Punishment of the Crime of Genocide, and the International Convention on the Suppression and Punishment of the Crime of Apartheid.

  4. HUMAN RIGHTS AGREEMENTS • Since June 22, 1978 Panama is a part of the American Convention on Human Rights, which Panama ratified without reserve, as well as other inter-American conventions on specific protection of human rights.

  5. HUMAN RIGHTS IN INTERNAL LEGISLATION • Basic human rights are recognized by the Constitution under Title III, “Individual and Social Rights and Duties“ and Title IV, “Political Rights". Chapter I of Title II, on the other hand, establishes “Fundamental Guarantees”. • The State takes on the obligation to protect the life, honour, and assets of its nationals and of foreign nationals under its jurisdiction (Article 17). According to Article 30, the death penalty does not exist, and Articles 21 & 23 (habeas corpus) protect the person against arbitrary detention and deprivation of liberty. • Article 28 prohibits implementing actions that are detrimental to the physical, mental, or moral integrity of prisoners. • Article 20 establishes that all are equal before the law, with certain differences between Panamanian nationals and foreign nationals.

  6. Security within the Framework of Human Rights • Security is a means to achieve the full validity of all human rights with a comprehensive approach including civil and political rights as well as economic, social, cultural, and environmental rights. • Under citizen security, security is conceived as a right that places the individual – and not the State – and the exercise of the fundamental rights of each person at its centre. • Establishes respect for the integrity of the person and the enjoyment of a peaceful life, without any fear of being a victim of any crime. • Citizen security is threatened when the State does not fulfil its obligation to provide protection against crime and social violence. This interrupts the basic relationship between government and governed subjects.

  7. Access to Justice in the Political Constitution of Panama • Article 17 of the Political Constitution of Panama establishes the following: • The authorities of the Republic have been established to protect the life, honour, and assets of its nationals wherever they are, and those of foreign nationals under its jurisdiction; to ensure the validity of individual and social rights and duties, and to comply with and enforce the Constitution and the Law. The rights and guarantees established in this Constitution should be considered a minimum and do not exclude others that have an impact on the fundamental rights and dignity of each person.

  8. Access to Justice as a Human Right • Citizens only assume that human rights are valid when the claims they submit regarding violations of their rights are addressed, and not when they are left waiting for their rights to be recognized, or when the most serious crimes are not punished. • Ultimately, the real legitimacy of the operations of normal institutions and all the other actors of the system in a given national reality depends upon the institutional response to each case, to each act of violence.

  9. Access to Justice as a Human Right • The public service of justice should be characterized by continuity in ensuring the general interest that the State should protect –which is justice, in this case. • The fact that public service is always provided, under any circumstance, thus enabling continuity, is inherent to the concept of public service. • In effective service provision, not only should the direct intervention of the State be considered but in addition, any other action required to ensure that the service adjusts to new institutional, political, economic, and social circumstances.

  10. Access to Justice as a Human Right • While society in general should benefit from every modernization and strengthening process under the principle of social solidarity, efforts should focus on the social groups that have historically and regularly been disadvantaged in terms of respect for their rights. • Thus, sectors such as women, boys, girls, and adolescents, indigenous peoples, migrants, and disabled persons, are fundamental actors in the public debate on what should change and how it should change.

  11. Objectives of RCM • To strengthen actions to combat migrant smuggling and trafficking, with the aim of eradicating these crimes. • To intensify cooperation in combating migrant smuggling and trafficking in order to ensure safe and orderly borders. • To promote a better understanding with the aim of increasing public awareness regarding the negative impacts of migrant smuggling and trafficking.

  12. ACTIONS AND PUBLIC POLICY OF PANAMA • To establish an Inter-institutional Committee to address the topic of trafficking in persons in a comprehensive manner; • To enact a new law against trafficking in persons, updated as the crime evolves; • To develop a strategic plan; • The plan includes prevention through campaigns for the general public, to be launched in September, establishing September as “the month of the fight against trafficking in persons” in order to institutionalize awareness regarding this issue; • To establish a specialized shelter to provide comprehensive assistance to victims; • To develop a legal framework which enables protecting victims and witnesses as an important part of legal procedures. To develop a new law against trafficking in persons.

  13. Conclusions • The State has obligations in matters relating to human rights, such as specifically addressing high risk population groups such as migrants, indigenous peoples, senior citizens, boys, girls, and adolescents; implementing actions and policies with a gender equality approach, and implementing an extensive process aimed at reaching consensus with the general public. • The State should take on responsibilities in matters relating to prevention and suppression of the crime.

  14. Conclusions • To implement juridical, political, administrative, and cultural actions aimed at enabling persons identified as victims of migrant smuggling or trafficking to gain access to justice and denounce criminal networks, ensuring their personal security. • The obligation of States of investigating behaviours that have a negative impact on the rights protected through international instruments.

  15. THANK YOU

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