MEMORANDUM OF UNDERSTANDING ON CONSULAR PROTECTION OF UNITED STATES AND MEXICAN NATIONALS

(Retyped from original by Voice of Citizens Together - 818-501-2061)

The government of the United States of America and the Government of the United Mexican States;

• Considering their firm commitment to respect the human rights of all individuals within their respective territories;
• Considering their firm will to strengthen and enhance their relationships in all areas, within the spirit of good neighbors and mutual respect;
• Considering the need to continue to foster and strengthen the effective relationships and communications among consular officials and local authorities of both countries, within the spirit of the Consular Convention between two Governments and the Vienna Convention on Consular Relations;
• Considering that Working Group on Migration and Consular Affairs of the Binational Commission has proven to be an effective forum to discuss and exchange information on the migratory phenomenon between the two countries, as well as to agree on measures that serve the best interest of both nations;
• Considering the will of both Governments to strengthen the Border Liaison Mechanisms and the Consultation Mechanisms on Immigration and Naturalization Service Activities and Consular Protection, which have been recently established for, among other purposes, sharing information concerning migratory practices and procedures by authorities on both sides of the border, and resolving problems at the local level, including issues related to the protection of human rights;
• Considering the interest of both Governments in preventing situations that negatively affect the physical safety, dignity and human rights of their nationals within the territory of the other country, and the importance of having adequate institutional mechanisms to effectively address those situations when them might occur,

Adopt the following principles and goals:

1. To include within the mandate of the Working Group on Migration and Consular Affairs of the Binational Commission, the discussion and evaluation of issues, problems and trends related to the consular protection and human rights of nationals of both countries and the understandings expressed in this memorandum as regular matters on its agenda, in order to make recommendations to the respective Governments, if mutually agreed upon,

2. To provide any individual detained by migration authorities with notice of his/her legal rights and options, including the right to contact his/her consular representatives, and to facilitate communication between consular representatives and their nationals. Both Governments will endeavor, consistent with the relevant laws of each country, to ensure that specific notification to consular representatives is given in cases involving the detention of minors, pregnant women and people at risk.

3. To endeavor to provide settings conducive to full and free exchange between the consular representatives and detained individuals in order to allow, consistent with the relevant laws of each country, consular officials to interview their respective when they are detained, arrested, incarcerated or held in custody in accordance with Article VI, paragraph 2, section (c) of the Consular Convention between the United States of America and the United Mexican States of August 12, 1942, and in accordance with Article 36, first paragraph, of the Vienna Convention on Consular Relations of 1963.

4. To allow and to facilitate, consistent with the relevant laws of each country, consular officials to be present at all times at the trials or judicial procedures concerning their respective nationals, including those legal procedures relating to minors.

5. To bring to the attention of the Working Group on Migration and Consular Affairs significant reports concerning consular protection and respect for human rights of nationals of both countries discussed at the Border Liaison Mechanisms and the Consultation Mechanisms on Immigration and Naturalization Service Activities and Consular Protection.

6. To promote bi-cultural sensitivity and understanding related to human rights protection through the Border Liaison Mechanisms and the Consultation Mechanisms on Immigration and Naturalization Service Activities and Consular Protection, and to encourage the participation of local authorities in these entities.

7. To encourage cooperation at the highest levels to facilitate investigations of violent and serious incidents involving consular protection of their respective nationals.

Done at Mexico City, this 7th day of May, 1996, in the English and Spanish languages.

FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA

Warren Christopher
Secretary of State

FOR THE GOVERNMENT OF THE UNITED MEXICAN STATES

Angel Gurria
Secretary of Foreign
Relations

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