A/HRC/11/7/Add.3
page 2
Summary
The present report is submitted in accordance with resolution 8/10 of the Human Rights
Council following the official visit of the Special Rapporteur on the human rights of migrants to
Guatemala, at the invitation of the Guatamalan Government, from 24 to 28 March 2008.
The purpose of the mission was to examine the status of the human rights of migrants for
whom Guatemala is a country of origin or destination and especially of transit through an
analysis of the national and international legal framework for the protection of migrants and of
the public policies and programmes put in place by the Government. For the purposes of this
report, “migrants” refers to all non-citizens living in Guatemala, including, among others,
undocumented non-citizens and non-citizens with legal permission to remain in the country, such
as legal permanent residents, work visa holders and persons with refugee status. The Special
Rapporteur thanks the Government of Guatemala for extending an invitation for him to conduct
such a mission and for its cooperation in organizing the visit. He also thanks the Office of the
United Nations High Commissioner for Human Rights in Guatemala for the substantive and
logistical support provided and organizations of civil society and the academic world for their
valuable assistance and cooperation in the preparation and conduct of the mission.
The Special Rapporteur wishes to highlight the effort made at the regional level to find and
disseminate information on the phenomenon of migration and invites the Government to
continue participating actively in existing regional processes and to step up its joint efforts with
other countries of the region to conclude multilateral agreements among countries of origin and
destination that would strengthen protection of the human rights of migrants in conformity with
the provisions of the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families. The Special Rapporteur calls upon the State to adopt
the necessary measures to bring Guatemalan domestic legislation fully into line with the
International Convention and to submit its first report to the treaty body concerned.
The Special Rapporteur notes the Government’s interest in addressing some of the
problems related to the human rights of migrants but observes with concern certain gaps and
ambiguities in the legislative framework regulating migration in Guatemala. He is greatly
concerned to see that those gaps lead to abuses and violations of the human rights of the migrant
population, most of which go unreported.
The Special Rapporteur notes with concern the information received about cases in which,
during the interception and deportation of migrants from the United States of America to
Guatemala, various abuses were committed, including physical ill-treatment, lack of medical
assistance in detention centres, lack of information on the deportation and lack of
communication with consular representatives.