COMMITTEE ON THE RIGHTS OF MIGRANT WORKERS MEETS WITH STATES

The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families this afternoon held an informal meeting with States, during which participants discussed the ratification of the Convention, contributions to the Global Compact on Migration, the Committee’s outreach and communication efforts, its activities with other committees, and its work on the draft General Comment No. 5 on the right to liberty and protection against arbitrary detention of migrants.
Committee Chairperson Ahmadou Tall stressed that the current migratory crisis in many corners of the world underlined the importance of the Convention because it provided a solid judicial framework for guaranteeing the rights of all migrant workers and their families in the countries of origin, transit and destination. The Convention defined the best strategy for the prevention of abuses and for resolving the problems that migrant workers faced. Given the low level of ratifications by States (only 52), increasing the number of ratifications remained a priority for the Committee.

Jasminka Dzumhur, Vice-Chairperson of the Committee, noted that without a comprehensive approach to protection, promotion, prevention and partnership, the Committee could not react appropriately to human rights violations. Promotion was a key element for the prevention of human rights violations in the area of migration, and it required a broad platform, including different actors and partnerships.

Maria Landazuri da Mora, Vice-Chairperson of the Committee, informed that as part of its priorities in the next two years, the Committee would work to increase the number of ratifications of the Convention; to ensure dissemination of the Convention among all actors concerned with migration, including General Comments and observations; and to develop a General Comment on the right to liberty and protection against arbitrary detention of migrants.

Speaking of the Global Compact for Safe, Orderly and Regular Migration, Committee Vice-Chairperson Can Ünver said that the Compact could enhance global cooperation and concerted action for a rights-based resolution for the current problems of international migrants. The Global Compact was not a legally binding instrument, but rather a soft-law instrument. Nevertheless, with that document the United Nations had taken the initiative to introduce common understanding, shared responsibilities, and unity of purpose regarding migratory movements and safeguarding the human rights of migrants.

Alvaro Botero Navarro, Committee Rapporteur and Coordinator for Draft General Comment No.5, explained that one of the main purposes of the draft General Comment No. 5 would be to emphasize that criminalization of irregular migration should be prohibited and not used as a dissuasive measure by States. Another purpose was to impose a blanket ban on arbitrary detention of migrants. Further salient points concerned the rights of migrant children and their families, procedural measures to avoid arbitrary deprivation of liberty of migrants, and prohibition of family separation.

In the ensuing discussion, States welcomed the fact that with the Global Compact migration had gained a solid place in international dialogue. Delegations expressed hope that the text of the Global Compact would be what had been signed, and that no more dropouts would take place. Coming up with a text was an easy part; national implementation and international cooperation would be key for its effective implementation. The strength of the Global Compact lied in collective political resolve and networking to ensure that migration worked for all.

Speaking in the discussion were Philippines, Mexico, and Uruguay.


The Committee will next meet in public on Wednesday, 12 September, in the afternoon to close its twenty-ninth session.


Statements by Committee Members

AHMADOU TALL, Committee Chairperson, welcomed representatives of States and presented the recently elected Committee Members. He also informed that Alvaro Botero Navarro of Colombia had been elected Committee Rapporteur to replace Khadidja Ladjel of Algeria who had passed away just before the current session of the Committee. Mr. Tall paid tribute to Ms. Ladjel and her contribution to the work of the Committee. The Chairperson reminded that international migration was a complex phenomenon involving issues, such as international protection and trafficking in persons. Accordingly, migration management required a global approach. There were currently 258 million migrants worldwide, out of which half were women and some 20 per cent were in irregular situation. Approximately 30 million migrants were children and the majority of them resided in the least developed countries and developing countries, according to estimates made in 2015. Migration was a daily reality that the international community had to accept. As the rights of migrants were frequently violated, the international community needed to stay vigilant in order to guarantee full enjoyment of rights for migrant workers and their families during their voyage, in schools and at workplace. Migrant workers often worked in dangerous conditions, received below-the-average salaries, and were exposed to fraudulent practices. Such abuses amplified when migrant workers were in irregular situation, Mr. Tall emphasized.

Migrants would be indispensable in responding to market needs and for ensuring the sustainability of countries’ development. Migration was not just the result of economic conditions; it was also result of poverty and lack of human development, gender inequality, discrimination, abuse and neglect, conflict and violence, political instability, socio-ethnic tensions, poor governance, food insecurity, environmental degradation, and climate change. The current migratory crisis in many corners of the world underlined the importance of the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, as it provided a solid judicial framework for guaranteeing the rights of all migrant workers and their families in the countries of origin, transit and destination. The Convention defined the best strategy for the prevention of abuses and for resolving the problems that migrant workers faced. It also provided venues for the elaboration of national migration policies within the framework of international cooperation based on respect for human rights and the primacy of law. The Convention was nowadays more pertinent than ever. Nevertheless, it was the least ratified human rights instrument by States with only 52 ratifications. No major country had ratified it, which was why increasing the number of ratifications remained a priority. Since September 2016, four new countries had ratified the Convention: Benin, Congo, Sao Tome and Principe, and Venezuela. At the same time, 15 signatory States had not yet ratified it.

Moving on to the Global Compact on Migration, Mr. Tall said that the Committee considered it a step in the right direction and an important departure point for improving global migration governance. The Committee had made its contribution to the Global Compact during the negotiation phase and it had collaborated with relevant partners. It welcomed the rights-based approach in the text, which invited States to take measures vis-à-vis migrants in line with international law. It also welcomed the fact that the text insisted that detention of migrants should be the measure of last resort, and that detention of migrant children should end because it was never in the best interest of the child. Migration should be a positive and stimulating experience for individuals and their societies, an experience that contributed to economic progress and human development.

Speaking of States parties’ reporting, Mr. Tall informed that 14 States parties had not submitted their initial and periodic reports. Accordingly, the Committee had advocated the use of the simplified reporting procedure, and it had adopted lists of issues for countries that had opted to use that procedure. It also applied that method to countries that were late in reporting in order to ensure the periodicity of their reports. The Chairperson further informed that he had participated in the meeting of treaty body chairs held in New York in June 2018, during which they discussed synergies in the work of committees, harmonization of working methods, follow-up to concluding observations, and the questions of repressions and the application of the San José directives. During the meeting, the Special Rapporteur on the situation of human rights defenders and treaty body chairs had also adopted a joint declaration to mark the 20^th anniversary of the United Nations Declaration on human rights defenders.

JASMINKA DŽUMHUR, Vice-Chairperson of the Committee, speaking of outreach and communication activities of the Committee, stressed that without a comprehensive approach to protection, promotion, prevention and partnership, the Committee could not react appropriately to human rights violations. A comprehensive approach required ensuring implementation of all four elements. Promotion was a key element for the prevention of human rights violations in the area of migration. It required a broad platform, including different actors and partnerships. That meant that States parties to the Convention should permanently work to strengthen their own cooperation, but also to discover new ways of cooperation with civil society and the media, in order to raise awareness about migrants’ rights. The role of international organizations was also crucial for promotion, for example through the process of drafting of joint General Comments by committees. Such an approach could be used to explain obligations related to migrant women and detained migrants. States parties and the Committee were partners in the promotion of the rights of migrant workers, and the Convention was their key tool, their joint child, Ms. Dzumhur highlighted. Therefore, States parties and the Committee needed to take care of that child together, and to ensure that the child continued to grow through additional ratifications of the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

MARIA LANDAZURI DA MORA, Vice-Chairperson of the Committee, welcomed and encouraged the cooperation with States parties for the effective implementation of the Convention and of follow-up to recommendations after the consideration of national reports. The Committee was grateful for the cooperation and support that it had received from civil society, which provided alternative and shadow reports. It also noted the importance of cooperation with national human rights institutions to ensure full respect for and implementation of the Convention. In the past year, the Committee had achieved important cooperation with the Committee on the Rights of the Child, resulting in the adoption of joint General Comments No. 3 and No. 4 on the human rights of children in the context of international migration, and in countries of origin, transit and destination. Ms. Landazuri da Mora took the opportunity to encourage all States to implement those General Comments. She remarked on strong and continuous collaboration with UN Women, the Office of the High Commissioner for Human Rights, civil society, and academia with whom it had established a working group on gender-responsive compact for migration. Ms. Landazuri da Mora informed that as part of its priorities in the next two years, the Committee would work to increase the number of ratifications of the Convention; to ensure dissemination of the Convention among all actors concerned with migration, including General Comments and observations; and to develop a General Comment on the right to liberty and protection against arbitrary detention of migrants.

CAN ÜNVER, Vice-Chairperson of the Committee, speaking of the Global Compact for Safe, Orderly and Regular Migration, reminded that migration was one of the oldest and most enduring aspects of human experience. Essentially, everyone was an immigrant or a descendant of immigrants. Yet, the influx of distinct waves of new people had always created a negative response among some receiving communities. Newcomers were mostly viewed as a threat to the established communities, although they might bring a positive contribution to the development and social improvement of the whole society. Nowadays, security concerns were the main focus of Governments everywhere, and migration was recognized as a threat to national integrity. It was now widely accepted that cross-border migration had turned into a global problem that could not be adequately addressed through national policies. Due to ageing populations, labour migration was deemed necessary, but it was in many cases still rejected and made difficult. The recently launched process of the Global Compact for Safe, Orderly and Regular Migration could enhance global cooperation and concerted action for a rights-based resolution for the current problems of international migrants. The Global Compact was not a legally binding instrument, but rather a soft-law instrument. Nevertheless, with that document the United Nations had taken the initiative to introduce a common understanding, shared responsibilities, and unity of purpose regarding migratory movements and safeguarding the human rights of migrants. That had to be appreciated, Mr. Ünver noted.

ALVARO BOTERO NAVARRO, Committee Rapporteur and Coordinator for Draft General Comment No.5, presented the preparation of the draft General Comment No. 5 on the right to liberty and protection against arbitrary detention of migrants. He underscored the previous joint work of the Committee on the Rights of Migrant Workers and the Committee on the Rights of the Child, which had resulted in the adoption of General Comment No. 3 and General Comment No. 4. Mr. Botero Navarro reminded that children were ever more part of mixed migratory flows, and underscored that they had the right to be heard in any legal proceedings. Detention of migrant children could never be deemed to be in the best interest of the child, and there should be absolute prohibition of detention of children. Mr. Botero Navarro noted that the Committee and various other human rights bodies had found that one of the most worrisome practices was the automatic use of detention and family separation by States as a dissuasive mechanism for migrants. Accordingly, the Committee had decided that it should focus on the right of liberty of migrants. Detention of migrants should be the measure of the very last resort and subject to judicial review. One of the main purposes of the draft General Comment No.5 would be to emphasize that criminalization of irregular migration should be prohibited and that it should not be used as a dissuasive measure by States. Another purpose was to impose a blanket ban on arbitrary detention of migrants. Further salient points on which the Committee would focus in the draft General Comment No. 5 concerned the rights of migrant children and their families, procedural measures to avoid arbitrary deprivation of liberty of migrants, and prohibition of family separation.

Discussion

Philippines welcomed the new States that had ratified the Convention, and reminded that it often spoke in support of the Convention and encouraged countries to ratify that instrument. The Philippines had been very active in promoting the rights of migrant workers in Southeast Asia, and it placed human rights of migrants at the front and centre of the international dialogue on migration. Migration was a long-neglected issue on the global agenda. The Philippines appreciated the input of the Committee in that respect. Migration now had a solid place in international dialogue. The Philippines expressed hope that the text of the Global Compact would be what had been signed, and that no more dropouts would take place. Coming up with a text was an easy part; national implementation and international cooperation would be key for its effective implementation.

Mexico stressed that the Global Compact was historic and a triumph of multilateralism after decades of incremental progress on migration issues in different fora. No State could address the challenges of migration alone. The strength of the Global Compact lied in collective political resolve and networking to ensure that migration worked for all. Migration was a common future for all. Noting that the upcoming international conference in Marrakesh would overlap with the anniversary of the adoption of the Universal Declaration of Human Rights, Mexico thanked the Committee for its contribution to the drafting of the Global Compact.

MARIA LANDAZURI DA MORA, Vice-Chairperson of the Committee, noted that States parties needed to make many preparatory steps in order to ensure the implementation of the Global Compact. She encouraged States parties to be regional leaders in that respect, and to share lessons learned and experiences with those countries that were behind. Speaking of challenges related to the Global Compact, she underlined the lack of a gender perspective. The Committee was committed to develop tools together with States to deal with the phenomenon of migration, which was a largely feminine issue.

AZAD TAGHI-ZADA, Committee Member, drew attention to one of the core specificities, which, to a great extent, set apart the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families from other human rights treaties. The Convention was several steps ahead of other treaties because States that acceded to the Convention took on the responsibility to protect not only their citizens, but also those who arrived to work in their countries. Regrettably, a number of countries yet had to take on that protection. Mr. Taghi-Zada, thus, appealed to States parties to share information on emerging migration-related problems. Through the work of all nine, core human rights conventions, the rights of migrant workers could be safeguarded even in those countries that had not ratified the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families.

ABDELHAMID EL JAMRI, Committee Member, regretted that the Convention had not been referenced as a benchmark in the Global Compact. The international community should bear in mind the work of the Committee, given its activity in the past 15 years, which was quite educational. The Committee needed to be vigilant vis-à-vis certain States, especially those that showed hostility towards the Convention. Mr. El Jamri expressed hope that the Committee would be invited to hold a side event on migration at the upcoming international conference in Marrakesh.

MARCO NUÑEZ-MELGAR MAGUIÑA, Committee Member, reminded that labour migration accounted for 80 per cent of worldwide migration. Recently, forced migration had become an overwhelming trend, highlighting the need to introduce the concept of good governance in the management of migration. Migrant workers could breathe life to the social security systems in European countries where the populations were ageing. When considering the phenomenon of migration, one should not forget that countries in many cases produced migrants and not only received migrants. Accordingly, countries carried a certain shared responsibility in managing migration. In a multilateral setting, and against the backdrop of cooperation, the international community could gain much from working together. All countries should join the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families because no country could escape the phenomenon of migration. Speaking of the duality between sending and recipient countries, Mr. Nuñez-Melgar Maguiña urged the countries receiving migrants to view migrants in a positive light.

Uruguay said that increasing the number of ratifications of the Convention was essential in light of the global migratory situation. It affirmed its commitment to cooperate with the Committee and expressed hope that the Global Compact would have a positive impact on the rights of migrants.

Concluding Remarks

CAN ÜNVER, Vice-Chairperson of the Committee, appreciated all the input from the audience and thanked those countries that had contributed to the drafting of the text of the Global Compact. He expressed hope that the Global Compact would make the Convention more relevant and that it could trigger greater ratification.

JASMINKA DŽUMHUR, Vice-Chairperson of the Committee, underlined the focus on promotion, adding that the Global Compact was a product of a global consensus, even though it would not be legally binding as the Convention was. She reminded of the obligation of States to deal with the main causes of migration, which varied from economic reasons and conflicts to environmental degradation and gender-based discrimination. Prevention of human rights violations was a key element in reducing migration.

MARIA LANDAZURI DA MORA, Vice-Chairperson of the Committee, thanked all the delegations that had participated in the meeting, and reiterated the need to get involved in the work of the Committee.

OREST NOWOSAD, Chief of Groups in Focus Section at the Treaty Bodies Division at Office of the High Commissioner for Human Rights, encouraged continuous, open and transparent engagement of States with treaty bodies as a good example of inter-treaty body coordination, and of the overall treaty body strengthening process.

AHMADOU TALL, Committee Chairperson, invited all States to ratify the Convention and to provide ongoing support for its wider ratification, particularly in view of the upcoming adoption of the Global Compact on Migration in Marrakesh. Mr. Tall also appealed to the relevant organizing countries to invite the Committee to Marrakesh to organize a side event.


For use of the information media; not an official record

CMW18/10E