3
migratory entries, added to the procedures of deportations and expulsions, are
subject to their own sovereign criteria. It is not surprising that inconsistencies and
arbitrary acts derive therefrom6.
9.
The norms of protection pertaining to human rights continue to be
insufficient, in face of the lack of agreement as to the bases of a true international
cooperation relating to the protection of all those who are uprooted. There are no
effective juridical norms without the corresponding and underlying values 7. In
relation to the problem at issue, some norms of protection already exist, but the
acknowledgment of the values, and the will to apply those norms, are lacking; it is
not simply casual, for example, that the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their Families8, one decade
after being approved, has not yet entered into force.
10.
In relation to capital (including the purely speculative one), the world has
been "globalized"; in relation to work and to the human beings (including those who
attempt to escape from grave and imminent threats to theis own life), the world has
been atomized in sovereign units. In a "globalized" world of profound iniquities such
as the one of our days, of the irruption of so many disrupting internal conflicts, how
to identify the origin of so much structural violence? The evil appears to be of the
human condition itself. The question of the uprootedness ought to be dealt with not
in the light of State sovereignty, but rather as a problem of a truly global dimension
that it is (requiring a concert at universal level), bearing in mind the obligations erga
omnes of protection9.
11.
In spite of being a problem which affects the whole international community
(a concept which has already been supported by the more lucid contemporary
doctrine of international law10), uprootedness continues to be treated in an atomized
way by the States, with the outlook of a legal order of a purely inter-State character,
without apparently realizing that the Westphalian model of such international order
is, already for a long time, definitively exhausted. It is precisely for this reason that
the States cannot exempt themselves from responsibility in view of the global
character of the uprootedness, since they continue to apply to this latter their own
criteria of domestic legal order.
6
.
Nor is one to lose sight of the fact that current programs of "modernization" of justice, with
international financing, do not take care of this aspect, as their main motivation is to guarantee the
security of investments (capitals y and). This is a small sign of the world wherein we live...
7
.
It may be observed that contemporary legal doctrine itself has simply been remiss in relation to
the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families (1990), - in spite of the great significance of this latter. The basic idea underlying this
Convention is that all migrants - including the undocumented and illegal ones - ought to enjoy their
human rights irrespective of their legal situation. Hence the central position occupied, also in this context,
by the principle of non-discrimination (Article 7). Not surprisingly, the list of the protected rights follows a
necessarily holistic or integral vision of human righs (comprising civil, political, economic, social and
cultural rights).
8
.
Which prohibits measures of collective expulsion, and determines that each case of expulsion
ought to be individually examined and decided, pursuant to the law (Article 22).
9
.
The conceptual development of such obligations is a high priority of contemporary legal science,
such as I have been insisting in some of my Opinions in distinct Judgments of the Inter-American Court
(mainly in the cases Blake, 1996-1999, and Las Palmeras, 2000).
10
.
As from the first systematic formulations in visionary books such as, inter alia, those by C.W.
Jenks (The Common Law of Mankind, 1958) and by R.-J. Dupuy (La communauté internationale entre le
mythe et l'histoire, 1986).