COMMITTEE ON PROTECTION OF MIGRANT WORKERS AND THEIR FAMILIES OPENS SIXTEENTH SESSION

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families this morning opened its sixteenth session, during which the Committee will review the initial reports of Paraguay and Tajikistan on how those countries are fulfilling their obligations under the International Convention on the Protection of the Rights of all Migrant Workers and Members of Their Families. During the meeting the Committee heard an address by the United Nations High Commissioner for Human Rights Navi Pillay, and also heard from the Human Rights Centre of Tajikistan on the situation in Tajikistan. It also elected a new Chairperson, Vice-Chairpersons and Rapporteur, adopted its agenda, and discussed activities to promote the Convention.

In her address, the High Commissioner for Human Rights said that despite concerted efforts to promote the Convention, the number of ratifications showed little movement and she hoped the Committee’s continued efforts to define the rights of migrant workers in an irregular situation would encourage more States to ratify the Convention. Ms. Pillay said that human rights in the context of migration were one of her Office’s six thematic priorities for 2010 – 2011 and would remain at the top of the agenda in the future. She said that violations of migrants were becoming commonplace at international borders, and migration and border-management policies worldwide were forcing many migrants into dangerous modes of travel. Ms. Pillay updated the Committee on the treaty-body strengthening process, and expressed appreciation for the Committee’s efforts to implement the United Nations greening policy

Abdelhamid El Jamri, Committee Chairperson, said that for three years the Committee had worked steadfastly on three areas: the periodic reports and establishing dialogue with States responsible for applying the Convention, launching debates through the Committee’s general discussion, and establishing partnerships with United Nations bodies and civil society. Internationally speaking, despite the small number of ratifications, the Convention stood out among others. It was true that there were not so many ratifications, but the pace had quickened since the Convention entered into force.

During the meeting Committee members held a general discussion with Ibrahim Salama, Director of the Human Rights Treaties Division of the Office of the United Nations High Commissioner for Human Rights, which included topics such as treaty-body strengthening, promotion of the Convention, the Committee’s civil society partnerships and engagement with the private sector, and the issue of undocumented migrants, particularly children.

The Human Rights Centre of Tajikistan, speaking on behalf of 16 non-governmental organizations, said an estimated one million Tajik nationals had to travel abroad for work, which affected a further one million families left behind. Their most common destination was Russia, where they suffered massive violations of their rights because of the poor relations between the countries. The Government of Tajikistan constantly failed to address the root causes that led to migration, which included poverty, high unemployment, ineffective public administration and a general lack of transparency.

After the seven newly elected members of the Committee made solemn declarations, the Committee re-elected as its Chairperson Mr. Abdelhamid El Jamri (Morocco). The Committee elected Mr. Azad Taghizade (Azerbaijan) and Ms. Myrian Poussi (Burkino Faso) as Vice-Chairpersons of the Committee, and Mr. Ahmadou Tall (Senegal) as Committee Rapporteur.

When the Committee reconvenes at 3 p.m. this afternoon, it will start its consideration of the initial report of Paraguay (CMW/C/PRY/1). The Committee will complete its consideration of the initial report of Paraguay in a meeting at 10 a.m. on Tuesday, 17 April, after which a press release will be issued.

Opening Statement

NAVI PILLAY, United Nations High Commissioner for Human Rights, said that despite concerted efforts to promote the Convention, the number of ratifications showed little movement. Since the Committee’s last session two more States had signed the Convention: Venezuela and Mozambique. The Committee’s continued efforts to define the rights of migrant workers in an irregular situation would hopefully encourage more States to ratify the Convention.

Ms. Pillay said that human rights in the context of migration were one of her Office’s six thematic priorities for 2010 – 2011 and would remain at the top of the agenda in the future. She said that violations for migrants were becoming commonplace at international borders, and migration and border-management policies worldwide were forcing many migrants into dangerous modes of travel. The Office of the High Commissioner for Human Rights had been active in advocating for the protection of migrants’ rights through the regional systems. Ms. Pillay spoke about a recent case she had submitted to the European Court of Human Rights concerning 13 Eritrean and 11 Somali migrants who were intercepted in 2009 by Italian customs and coastguard vessels on the high sea, and taken back to Tripoli, where they were handed over to the Libyan authorities. Ms. Pillay said she argued that there was a prohibition of collective expulsion in international law and that that applied when a State intercepted migrants outside of its own territorial waters. The European Court confirmed her position in its 23 February 2012 ruling that the transfer of the applicants to Libya violated both the prohibition of torture and the collective expulsion of foreign nationals.

Ms. Pillay updated the Committee on the treaty-body strengthening process, and expressed appreciation for the Committee’s efforts to implement the United Nations greening policy; she was convinced that the forward-looking example set by the Committee in conducting its second paperless session would encourage other treaty bodies to take the same eco-friendly path. The agenda for the sixteenth session was the busiest yet, Ms. Pillay said; in just two weeks the Committee would consider the initial reports of Paraguay and Tajikistan, adopt its annual report and lists of issues for a total of eight States parties, and discuss its much-awaited draft General Comment on the rights of migrant workers in an irregular situation, as well as other meetings.

Discussion between the High Commissioner and Committee Members

A Committee Expert commented that they had been involved in the treaty body strengthening process, and looked forward to the High Commissioner’s report on that subject with trepidation. The High Commissioner commented on a question about European Union directives on migrants’ rights, and said that although those draft directives were close to the Convention, they had been delayed from adoption, due to strong objections from Germany. Another Expert noted that the number of States parties to the Convention was low, and said he would prefer to see a doubling of efforts to obtain more ratifications from countries that received migrants, rather than countries that sent migrants. He also asked whether Libya would continue to commit itself to the Convention, which it had become party to in 2004. The High Commissioner replied that as far as she knew, Libya had not made its position clear, but that the interim Government authorities were looking at it, and she would be looking closely following the situation.

Election of Bureau and Adoption of Agenda

At this point in the meeting the seven newly elected members of the Committee made solemn declarations. The Committee re-elected as its Chairperson Mr. Abdelhamid El Jamri (Morocco). The Committee elected Mr. Azad Taghizade (Azerbaijan) and Ms. Myrian Poussi (Burkino Faso) as Vice-Chairpersons of the Committee, and Mr. Ahmadou Tall (Senegal) as Committee Rapporteur. The Committee then adopted its agenda.

Statement by the Chairperson

ABDELHAMID EL JAMRI, Chairperson of the Committee, said that for three years the Committee had worked steadfastly on three areas: the periodic reports and establishing dialogue with States responsible for applying the Convention, launching debates through the Committee’s general discussion, and establishing partnerships with United Nations bodies and civil society. Internationally speaking, despite the small number of ratifications, the Convention stood out among others. To repeat the High Commissioner, it was true that there were not so many ratifications, but the pace had quickened since the Convention entered into force. Mr. El Jamri praised the good comradeship among Committee members, and said that much had been done in the way of treaty-body strengthening, and on greening, as seen by the paperless sessions.

General Discussion

IBRAHIM SALAMA, Director of the Human Rights Treaties Division of the Office of the United Nations High Commissioner for Human Rights, held a general discussion with the Committee members, who discussed issues including strengthening the treaty-body system, the Dublin II declaration on the same subject, and how best to get States to commit to engaging in that process. Activities to promote the ratification of the Convention were discussed, and some Committee members provided updates on countries that were preparing to ratify the Convention. One member said the Committee should work more with civil society partnerships who had an interest in seeing the Convention applied in their own countries.

The problems that migrant workers and their families might face in the future were discussed, particularly the serious difficulties that the children of migrant workers faced in obtaining identity papers and birth registration. That often happened in countries where migrant workers had a child, and had to appear with a lawyer to ensure that the child’s birth certificate was accepted in the country they resided in, for example Mexico. The problem was that migrant workers often did not have access to a lawyer. Mexico was one of the most violent countries, and migrants had tremendous problems there. Mr. Salama proposed that the Committee take up the issue of migrant workers who did not have official papers in a private meeting during the session.

A Committee Expert said that the issue of migrant workers was such a sensitive and complex issue that the Committee must consider other bodies it affected as well – obviously civil society, but what about the private sector? Could the Committee establish links with private sector organizations that were involved with migrant workers? Another member referred to the importance of trade unions, and Mr. Salama expressed his agreement.

Statement on Tajikistan

DILBAR TURAKHANOVA, Human Rights Centre of Tajikistan, speaking on behalf of a coalition of 16 non-governmental organizations, focused on general concerns and criticisms relating to the actions of the Government of Tajikistan in association to issues of migration, including the rights of Tajik nationals living in Russia. The World Bank, International Organization for Migration and United Nations Development Programme jointly estimated there were one million Tajik nationals who had to travel abroad for work, and had left their families in Tajikistan; a further one million women and children left behind were affected by that situation. The majority of Tajik migrants went to Russia, where they suffered massive human rights violations because of the poor relations between the two countries. The Government constantly failed to address the root causes that led to migration, which included poverty, high unemployment and a poor climate for small and medium business development, as well as ineffective public administration, lack of accountability for Government spending and a general lack of transparency. There were no procedures to allow non-governmental organizations to participate in forming public policy, or even to give their opinions.

Migrant workers, both those travelling abroad and those coming to Tajikistan, faced serious problems especially when borders were closed, which left them with no option but to bribe officials. The Government insisted that such bribes were one-offs and not a chronic problem, but the State think-tank, he Strategic Research Centre, under the President of Tajikistan, found that about 60 per cent of the population of Tajikistan reported use of corrupt practices to access public services. Economic policies and social protection systems were considered poor, and were getting worse. The Government claimed it had been successful in reducing poverty, but that reduction was actually due to the remittances of labour migrants. The Government had failed to fulfil its obligations under human rights treaties, including the Convention on the Protection of Migrants and Members of their Families. Finally Ms. Turakhanova announced that the Human Rights Centre of Tajikistan would hold an open lunchtime panel discussion, in association with Human Rights Watch, from 1.15 to 2.15 p.m. on Tuesday, 17 April, in room 3016 at the Palais Wilson.


For use of the information media; not an official record

CMW12/002E