INSTRUCTION: JOIN CONSENSUS ON UNGA 3C RESOLUTION

UNCLAS STATE 118323

SIPDIS

E.O. 12958: N/A
TAGS: PHUM UN UNGA SIPDIS
SUBJECT: INSTRUCTION: JOIN CONSENSUS ON UNGA 3C RESOLUTION
"PROTECTION OF MIGRANTS"

REF: 12NOV09 UN THIRD COMMITTEE DRAFT RESOLUTION
"PROTECTION OF MIGRANTS"


1. The Department instructs USDEL to join consensus on the
resolution entitled "Protection of Migrants" provided that
the resolution text does not change materially from the
wording contained in REF to negatively affect vital U.S
interests. USDEL should deliver the following EOP:

The United States has joined consensus on this resolution
after substantial negotiations among many delegations. We
are pleased that our discussions were constructive and
progress was made.

We point out that implicit in this and any other discussion
of international migration is the well-settled principle
under international law that all states have the sovereign
right to control admission to their territory and to regulate
the admission and expulsion of foreign nationals. At the
same time, we recognize that States must respect the human
rights law of migrants, consistent with their obligations
under international law, including international human rights
law. The United States fulfills these obligations by
providing substantial protections under the U.S. Constitution
and other domestic laws to aliens within the territory of the
United States, regardless of their immigration status.

We are pleased that countries were able to work together to
improve this text to more accurately reflect the rights and
responsibilities of States in this regard. With this in
mind, we would like to reiterate some of the points we raised
during the consultations.

As noted, we strongly support and endorse the responsibility
of States to protect the human rights of all people,
including migrants, in their territories. The United States
takes this responsibility very seriously and urges other
States to do so.

Similarly, we call attention to the well-established
principle that states have an affirmative duty to accept the
return of their nationals who have been expelled or returned
from the territory of another state. The expeditious return
of irregular migrants to their countries of origin would
contribute significantly to decreasing detention periods as
called for in this resolution.

With respect to concerns regarding the detention of migrants,
I would like to emphasize that although international law
does not prohibit the detention of persons who have violated
a country's immigration or criminal laws, we share concerns
that when States enforce such laws, they must do so in a
manner consistent with their obligations under international
law, including international human rights law.

This resolution addresses the topic of migration on a global
scale and seeks to find common ground among member states
with regard to the protection of human rights. This is a
crucial concern that the international community has and will
continue to address in coming years. The UN's approach to
this global concern should not be sidetracked by undue focus
on bilateral issues that are being addressed through
respectful discussions and actions between the affected
states. In this spirit, we believe it is inappropriate to
make specific reference to a bilateral legal matter between
two member states which has been previously addressed by this
body. The case cited in pp9 is not the only one of this
nature and referring to it alone diverts attention from the
serious multilateral reflection and action required. Doing
so does not promote constructive cooperation toward advancing
the protection of human rights of migrants.

Mr. Chairman, the United States is a nation with a long
history of welcoming immigrants and refugees, and we highly
value legal, orderly and humane migration. More than one
million American citizens currently live outside our borders.
The United States urges its own citizens to observe all
national and local laws when moving to or working in another
country. We welcome legal immigrants and properly-documented
temporary visitors, including workers and students, and we
are committed to protecting the human rights of migrants
within our borders.

Thank you Mr. Chairman.
CLINTON