Commission approves an arrangement for migrants trade in Mercosul

10/11/2010 01h20

The Commission of Foreign Affairs and National Defense approved, this Wednesday (10), a Representation proposal in Parlasul which ratifies the Arrangement for Illegal Trade of Migrants among the Signatory Countries of Mercosul, celebrated in Belo Horizonte in December 2004.

The document reinforces the intention to, the signatory countries (Argentina, Brazil, Paraguay and Uruguay, prevent and fight, through cooperation interchange information actions, against the illegal trade of people among the countries of Mercosul. The objective is to adopt effective action to impede that their territories are used as final destination or route for people trade.

The Proposal also set forth the Executive Power to submit to National Congress “any act which results in a review of the said arrangement, as well as any supplementary amendments which result in charges or serious commitment to the national patrimony ".

Progress
according to the reporter Judge of the Legislative decree Project 2405/10, the congressman George Hilton, and the arrangement represents an important progress to fight the transnational crime, especially illegal trade of people. The congressman stated that chose by presenting this substitutive instrument in order to ensure the inclusion of future corrections contained in Erratum Slip text, executed in June 2007.

In the text approved by the commission, the signatories committed themselves to adopt the legislative, regulatory and administrative measures required to deem as crime the illegal trade of migrants, in addition to the following conducts, if they were committed in order to make possible the illegal trade of migrants: the issuance of documents for trip or false ID Card; the falsification, provision or possession of such document; and the permission for an emigrant remain in a territory of a Mercosul country without complying with the legal exigencies required by such country.

The application of violence or intimidation, taking advantage from victim necessity; exploitation of a minor, participation of an authority or public servant which takes advantage from its condition, shall be subject to  criminal sentence.  On the other hand, the migrants, who were victims of any of these practices, shall be free from any criminal sentence.

Borders
For common borders or regions places in trade routes, the arrangement set forth information interchange about:
- The shipment and destination places, as well as the route, carriers and means of transportation which is the groups involved with criminal practices usually used;
- The identity and method used by the organization or groups organized which are involved or suspects of being involved in such practice;
- the authenticity and due format of documents for trip issued by the Mercosul countries, as well as all theft and illegal use of document for trip or in blank ID Card;
- the mean and method for using and hiding the people transportation;
- The experience in legislative sphere, as well as the related practices and actions to prevent and fight the specified conducts;
- the useful scientific and technological information to perform the act. 

This text still set forth that each country shall adopt the required actions to ensure the quality documents for trip or ID Card issued by them, as well as its integrity and security in order to avoid their undue use, falsification violation, reproductions illegal issuance.

This arrangement must not affect the rights, obligations and responsibilities of the Countries in terms of International Law, and the effective system of dispute solutions of Mercosul shall be in charge of solve any divergence which may arise from the application or understanding of this arrangement.