Migration and Mexico: A journey of peril and hope Opinion piece by Navi Pillay, UN High Commissioner for Human Rights

The Global Forum on Migration and Development that ends today in Puerto Vallarta represents a great opportunity to improve the situation of migrants worldwide. President Felipe Calderón unambiguously addressed these pressing issues in his speech at the Forum which sends a strong human rights message. He vowed to put in place a migration policy that respects the rights and dignity of all migrants, and said “we do not want to inflict on to migrants who come to Mexico, independent of their legal status, what we do not want our fellow Mexican migrants to endure in the United States.”

Mexico, as a country of origin, destination and transit of migrants, faces many opportunities and challenges linked to migration. Of particular concern is the human rights of those in an irregular situation who are more likely to be discriminated against, excluded, exploited or abused.   Protection systems – both those provided by the state or by family or other informal networks – are often unavailable or hard to access.  Recourse to justice is an option seldom available to undocumented migrants.

Most irregular migrants moving into the United States come from Mexico. In addition every year thousands of people in search of a better life and job opportunities, mostly coming from Central and South America, transit through Mexico on their way north at great peril and in adverse conditions.   These migrants are often in the grip of traffickers and others who prey on their vulnerability and meager possessions.  Indeed, the northern and the southern flanks of Mexico are considered to be among the most dangerous border areas in the world: lawless territories where the strong hold sway with impunity and the weak succumb in silence and anonymity.

There is no denying that migrant inflows represent an even greater challenge for countries, like Mexico, that have their own daunting problems of poverty and scarcity of resources. When migrants settle in Mexico, competition over jobs and economic opportunities often exposes them to discrimination, social exclusion, and violence from members of local communities, rather than from the authorities.  But this does not exonerate the government – or any government for that matter­ – for not living up to its human rights obligations.

Mexico has been one of the main advocates of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families but still needs to strengthen its compliance. For instance, the Committee monitoring the implementation of the Convention recommended that Mexico should take appropriate steps to ensure that migration control and securing of migrations are carried out exclusively by the competent authorities and that every violation in this regard is promptly reported.

Particularly alarming is the violence migrants are facing on Mexican soil.  The National Human Rights Commission and the Inter-american Commission on Human Rights reported that thousands of migrants have been victims of kidnapping, extortion, torture, disappearance and death since mid-2010.  Last August, 72 transiting migrants were murdered in Tamaulipas.  Countless women are exposed to sexual violence or pushed into the sex trade. 

The human rights of detained migrants, the adequate processing of asylum claims, and the effective combating of discrimination against migrants are also issues that must be addressed by the government and legislators with the sense of urgency they deserve.

Mexico is attempting to fill some of these important policy gaps.  The government has, for example, created specialized units for the protection of minors and adopted federal and local legislation against human trafficking.  However, much more needs to be done to ensure that offenders are brought to account.  Local authorities have been accused of turning a blind eye to abuses and sometimes even of complicity with the offenders. Breaking the widespread climate of impunity will also help deter or, at a minimum, mitigate abuses against migrants.  I urge the Government to bring perpetrators to justice as a matter of absolute priority.

The empowerment of migrants depends on pro-active policy measures. International human rights standards provide benchmarks, a normative framework, and a set of guidelines for policy-makers seeking to align their measures with international law.  All countries are obliged to ensure that national migration policies respect the human rights of all individual migrants. 
By hosting the Global Forum, Mexico has created an excellent opportunity to exchange ideas at the highest level regarding best practices on migration management.  The country is, of course, not alone in confronting one of the most monumental human rights challenges in the modern globalized world: in fact, in all, around 214 million people are estimated to be living outside their country of origin.  Virtually all States share Mexico’s concerns and many face similar difficulties.  All can benefit from international cooperation. As President Felipe Calderón stated, “Human Rights are universal and they supersede any border and sovereignty.” The United Nations and the other international agencies that participate in the Global Migration Group stand ready to assist States in this vital task.