Ensure that migrant workers and members of their families in an irregular situation have effective access to information on existing procedures for regularizing their situation
While noting that articles 7 and 8 of the Migration Law guarantee the right of free access to all levels of education and to health services for migrant workers and members of their families, irrespective of their status, and require school and health authorities to provide guidance and counselling to migrants on the procedures for regularizing their situation, the Committee is concerned that, in practice, migrant children are often denied school enrolment, and migrants are denied access to health facilities, if they lack a national identity document (DNI).
The Committee recommends that the State party continue and scale up its training for school and health administration officials on the rights of migrant workers and members of their families, including those in an irregular situation, in relation to education and health under the Convention and the Migration Law, on possible ways to establish the identity of migrants through documents other than the DNI, and on the procedures for regularizing their situation.
It recommended that Argentina ensure that migrant workers and members of their families in an irregular situation have effective access to information on existing procedures for regularizing their situation; facilitate migrant workers' access to regularization procedures; and review the definition of "migrant workers" to ensure that it covers self-employed workers, to enable self-employed migrants from non-MERCOSUR countries to gain access to regularization procedures.
In 2002, the meeting of Ministers of the Interior submitted for the consideration of the Council of the Common Market (CMC) draft agreements No. 11/02 on "Domestic procedures for regularizing the migrant status of nationals of the member States of MERCOSUR", and No. 12/02 on "Domestic procedures for regularizing the migrant status of nationals of the member States of MERCOSUR, Bolivia and Chile", in order to facilitate, through legal instruments on cooperation, procedures by which nationals of member and associated States could regularize their migrant status without having to return to their countries of origin.
Routines and procedures for hiring, regularizing and legalizing foreign and national labor force, temporary or Resident authorization including the necessary procedures for issuing the necessary documentation requested.
The Committee recommends that the State party collect data on migrant workers in an irregular situation and their families, and ensure that they have effective access to information on procedures in place for regularizing their situation.
In this regard, the State party is encouraged to launch an information campaign on the rights of migrant workers and the procedure to be followed for regularizing the situation of migrant workers in an irregular situation.
In order to provide a foundation for subregional cooperation regarding the protection of the marine environment, the two areas highlighted were improved reception facilities for the collection of ships' waste and regularizing national procedures for responding to oil spills.
The Administration commented that MINUSTAH had implemented procedures for monitoring ex post facto cases submitted to Headquarters and had been following up regularly on all pending cases with a view to regularizing them as soon as possible.
Notwithstanding the measures taken by the Government to increase the capacities of prosecution departments, it proved impossible to respect the 31 December 1997 deadline for regularizing the detention status of all persons detained since September 1996, as provided for by the 8 September 1996 Law Relating to Provisional Modifications of the Criminal Procedure Code.
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