COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS CONCLUDES EIGHTH SESSION

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families today concluded its eighth session after issuing its concluding observations and recommendations on the initial reports of Syria and Bolivia, which it considered during the session.

In its concluding observations on the initial report of Syria, the Committee appreciated the efforts undertaken by the State party to promote and protect the rights of the large number of Syrian migrant workers and their families abroad, including through the establishment of a Ministry of Expatriates and the planned establishment of a new department for migrant workers in the Ministry of Social Affairs and Labour. The Committee was concerned that migrant workers may have limited access to justice in practice, due to a lack of awareness concerning the administrative and judicial remedies that are available to them. The Committee encouraged the State party to compile information and create a sound database as a tool for the monitoring of effective migration policies and for the effective application of the various provisions of the Convention.

In its concluding observations on the initial report of Bolivia, the Committee appreciated the programme implemented to assist migrants abroad, the “mobile consulates”, which provide direct assistance to migrants, and the programme “Matrícula Consular” implemented in one country of destination of Bolivian migrants, facilitating the registration of migrants. The Committee was concerned that some migrants and members of their families, including Peruvians, have allegedly suffered from discrimination and stigmatization resulting from the behaviour of State authorities, including the National Migration Service and Police. The Committee encouraged the State party to strengthen its efforts to inform migrant workers about available administrative and judicial remedies and to address their complaints in the most effective manner.

The Committee also released its written proposal to the Global Forum on Migration and Development and adopted its Annual Report to the General Assembly. During the session, it held a roundtable discussion on the fifth anniversary of the entry into force of the Convention on the Rights of All Migrant Workers and Members of Their Families.

The next session of the Committee will be held from 24 to 28 November 2008, when it is scheduled to consider the initial report of El Salvador.

Concluding Observations

In its concluding observations and recommendations on the initial report of Syria, the Committee welcomed the recent ratification by the State party of some of the major international human rights treaties, including in particular the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman or Degrading Punishment as well as the two optional protocols to the Convention on the Rights of the Child. The Committee also took note of the State party’s recent efforts to regulate the employment and recruitment of non-Syrian female domestic workers, as well as its recent efforts to improve the situation of non-Arab migrant workers with regard to the enjoyment of their rights in connection with the freedom of association. The Committee also took note of the State party’s intention to harmonize other areas of its legislation with the provisions of the Convention. Further, the Committee appreciated the efforts undertaken by the State party to promote and protect the rights of the large number of Syrian migrant workers and their families abroad, including through the establishment of a Ministry of Expatriates and the planned establishment of a new department for migrant workers in the Ministry of Social Affairs and Labour.

The Committee noted that Syria has not yet made the declarations provided for in articles 76 and 77 of the Convention recognizing the competence of the Committee to receive communications from States parties and individuals. The Committee was concerned about the lack of participation of non-governmental organizations in the dissemination and promotion of the Convention, and in the elaboration of the State party’s report. The Committee was also concerned that migrant workers may have limited access to justice in practice, due to a lack of awareness concerning the administrative and judicial remedies that are available to them. Further, the Committee was concerned about reports on instances in which migrant workers and members of their families found to be in violation of immigration regulations are detained and deported without due process. While noting the State party’s explanation that passports of migrant workers are neither withheld by the authorities nor allowed to be withheld by private employers, the Committee was concerned about the State party’s acknowledgment that, in practice, some private employers, including those of domestic workers, do not comply with this rule. Also, while noting the increasing attention paid by the State party to the phenomenon of human trafficking, the Committee was concerned that no specific anti-trafficking legislation has been adopted so far.

The Committee encouraged the State party to compile information and create a sound database as a tool for the monitoring of effective migration policies and for the effective application of the various provisions of the Convention. The Committee also encouraged the State party to consider measures aimed at ensuring that both Arab and non-Arab migrants are provided with equal access to information concerning their rights under the Convention. The Committee recommended that adequate training be provided to all judicial personnel and law enforcement officials on respect for human rights and non-discrimination on ethnic or racial grounds and on the rules of due process in connection with detention and deportation. While appreciating the difficulties with which the State party may be confronted in its efforts to negotiate and conclude agreements with the major countries of destination for Syrian workers, including those in the Arab Gulf region, the Committee encouraged the State party to further pursue and strengthen these efforts in order to ensure the best possible protection for Syrian migrant workers abroad.

In its concluding observations and recommendations on the initial report of Bolivia, the Committee appreciated the State party’s commitment to migrant workers’ rights, as illustrated by the fact that it expressly recognizes that immigration represents an important asset for the country. The Committee also appreciated the programme implemented to assist migrants abroad (Programa de Atención al Boliviano en el Exterior), the “mobile consulates”, which provide direct assistance to migrants, and the programme “Matrícula Consular” implemented in one country of destination of Bolivian migrants, facilitating the registration of migrants. The Committee welcomed the National Development Policy for 2007-2010 (Plan Nacional de Desarrollo), aimed to support microenterprises and create new jobs and which refers specifically to migrant issues. The Committee also welcomed the fact that foreigners have the right to vote in municipal elections.

While taking note of the seminars on migration organized in the State party, in coordination with the Ombudsman, the Committee noted with concern that there is no further information showing that the State party has taken measures to disseminate information and promote the Convention among all the relevant stakeholders, in particular civil society organizations. While noting the actions undertaken by the State party to combat discrimination, the Committee was concerned that some migrants and members of their families, including Peruvians, have allegedly suffered from discrimination and stigmatization resulting from the behaviour of State authorities, including the National Migration Service and Police. In particular, the Committee is concerned by reports that some individual cases have been politicised by the media, and have contributed to the continued stigmatization of migrants. While taking into account the efforts undertaken by the State party to improve and extend its consular services, the Committee was concerned at the long delays that Bolivians have to suffer to obtain documents which could assist them in the full enjoyment of their rights. The Committee was concerned at the absence of mechanisms assisting the voluntary return of Bolivian workers and members of their families to Bolivia.

The State party was encouraged to strengthen its efforts to fully incorporate the Convention into the domestic law. The State party should ensure that a Migration Law fully harmonized with the international treaties be promptly adopted. The Committee invited the State party to consider acceding to ILO Conventions, which concern migrant workers, as soon as possible. The Committee encouraged the State party to strengthen its efforts to inform migrant workers about available administrative and judicial remedies and to address their complaints in the most effective manner. It also recommended that the State party ensure that in legislation and in practice, migrant workers and members of their families, including those in an irregular situation, have the same rights as nationals of the State party to file complaints and to obtain effective redress mechanisms before the courts, including the labour courts. The Committee encouraged the State party to establish a coordination mechanism to improve the services provided to migrant workers and members of their families, while ensuring the uniformity and conformity with the international and regional treaties to which Bolivia is a party.

Proposal to the Global Forum on Migration and Development

The Committee today released its written proposal to the Global Forum on Migration and Development. The document notes that migration has historically contributed to development and economic and social well-being in both destination and origin countries and that international mobility is today a vital feature of globalization; foreign skills and labor are increasingly required by developed and developing countries worldwide.

The proposal also notes that a rights based approach to migration can promote good relations between regions, states and within societies in which migrant workers reside. Economic data and research evidence increasingly reinforce the notions that protection of rights of all migrants enhances the development and productivity impact of migration and conversely, rights denial and abuse carries significant costs not only to migrants and to host or employment countries, but also to their home countries. A major issue is how to confront widespread adverse public perceptions, opinions and resentment and xenophobia against foreigners, particularly migrant workers, especially where they are commonly portrayed as unfairly competing for scarce employment and housing, unjustly or illegally drawing on public welfare resources, and associated with criminality.

Members of the Committee

The members of the Committee are Francisco Alba (Mexico); José Serrano Brillantes (Philippines); Ana Elizabeth Cubías Medina (El Salvador); Ana Elizabeth Cubias Medina (El Salvador); Anamaría Dieguez Arévalo (Guatemala); Ahmed Hassan El-Borai (Egypt); Abdelhamid El Jamari (Morocco); Prasad Kariyawasam (Sri Lanka); Myriam Poussi Konsimbo (Burkina Faso); Mehmet Sevim (Turkey); and Azad Taghizade (Azerbaijan).

Mr. Abdelhamid El Jamari is the Chairperson. The Vice-Chairpersons are Mr. José Serrano Brillantes, Ms. Anamaría Dieguez Arévalo and Mr. Azad Taghizade. The Rapporteur is Mr. Alba.


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