A/HRC/11/7/Add.2 page 7 Regulation (April 2000) establish the legal regime governing migration in Mexico for the purpose of regulating the volume, structure, and distribution of the population in the national territory. This law states that the Ministry of the Interior is in charge of setting the conditions for the entry and stay of foreigners in Mexico. The National Migration Institute (INM), which is under the Ministry of the Interior, is the institution in charge of carrying out migration policy. The INM and the Federal Preventive Police (PFP) are the agencies authorized to inspect the exit and entry of persons in Mexico. The authorities in charge of federal, state, or municipal public forces work in collaboration with the immigration authorities (through “collaboration agreements”). The Beta Migrant Protection Groups are a government-sponsored mechanism tasked with the responsibility for protecting and counselling migrants on the country’s northern and southern borders. 16. Article 11 of the Constitution of Mexico establishes the right of every person to enter, exit and travel within the territory of Mexico. Article 33 defines foreigners as those who are not Mexican by birth or adoption and provides that foreigners are covered by the guarantees of Chapter I, Title 1 of the Constitution, on, inter alia, the prohibition of slavery and the right to education. This article also authorizes the executive to make foreigners leave the national territory expeditiously and without any procedure when it is determined that their presence is “inadvisable”. In this regard, the Special Rapporteur reiterates the concern expressed during the concluding observations of the Committee on Migrant Workers in December 2006, which noted Mexico’s reservation to article 22, paragraph 4, of the Convention, given the fact that article 33 of the Constitution stipulates that “the Executive has exclusive authority to expel from the national territory, immediately and without a judicial hearing, any foreigner whose residence in Mexico it deems undesirable”. 17. In addition to the Constitution, the most relevant legislation concerning migration in Mexico is the General Population Act and its Regulations governing the Ministry of the Interior and the decree establishing the National Institute of Migration, as mentioned. These laws and regulations govern migration procedures, establishing migrants’ duties and the limits on their rights, but do not explicitly and exhaustively list the obligations of Mexico to protect the human rights of migrants. Rather, these rights are regulated by secondary laws. 18. Similar to his predecessor, the Special Rapporteur raised concerns during his visit about the long-discussed reform initiatives before Congress of the General Population Act. As noted by the Committee on Migrant Workers, these initiatives had not made much headway in Congress and that articles 118 to 125 of the General Population Act, which stipulate that infractions relating to migration may be subject to criminal proceedings, remained in force. This law criminalizes undocumented migrants (up to 10 years’ imprisonment) and can even be applied to the victims of trafficking and smuggling. 19. Moreover, article 67 of the General Population Act only authorizes legally resident foreigners to institute legal proceedings. Although that provision does not affect the right of every migrant worker to an effective remedy in conformity with article 83 of the Convention on Migrant Workers, the Special Rapporteur echoes the concern raised by the Committee on Migrant Workers that this provision may in practice give rise to discriminatory treatment of undocumented migrant workers, which would limit their access to justice.