COMMITTEE ON THE RIGHTS OF MIGRANT WORKERS CONCLUDES FIFTEENTH SESSION
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families today concluded its fifteenth session after issuing its concluding observations and recommendations on the initial reports of Argentina, Chile and Guatemala.
In its concluding observations and recommendations on Argentina, the Committee was pleased that Argentina had ratified many core international human rights treaties, but showed concern about reports of discriminatory attitudes towards migrants. It expressed concerned about reports on discriminatory attitudes towards migrants from African and neighbouring countries, particularly Senegal, Bolivia and Paraguay, media coverage associating migrants with criminal acts and abuse of social benefits, xenophobic statements by politicians, and discrimination against migrant children at school. The Committee recommended that Argentina adopt pro-active measures to eliminate discriminatory stereotypes about migrant workers and members of their families.
In its concluding observations and recommendations on Chile, the Committee was pleased by the level of the delegation and the constructive dialogue that took place. The Committee recommended that the State party take the necessary measures to ensure that the procedure of appeal against decisions of expulsion was accessible to migrant workers, including by extending the time-limit for lodging appeals against decisions on expulsion, and that the legal framework which regulated expulsion and deportation procedures was adequately implemented. Finally the Committee called on Chile to adopt as soon as possible the new law that was currently being prepared on migration, while making sure it complied with international standards.
In its concluding observations and recommendations on the initial report of Guatemala, the Committee welcomed bilateral and multilateral agreements which Guatemala had signed to promote equitable and humane conditions with regard to migrant workers and members of their families. Among concerns, the Committee regretted the lacuna in the Guatemalan law 4126 related to migration which did not reflect sufficiently the provisions of the Convention on the Protection of the Rights of Migrant Workers and Members of their Families. It recommended that Guatemala amend the text as soon as possible in order to harmonize the law with the Convention.
Closing the session, Abdelhamid El Jamri, Committee Chairperson, summarized the work accomplished by the Committee during the week, which included reviewing the reports of Argentina, Chile and Guatemala and adopting the lists of issues for Paraguay and Tajikistan. The Committee held a Day of General Discussion on irregular migrant workers. Mr. Jamri said that he was delighted that next April a conference would be held on the protection of irregular migrant workers, with particular regard to unions, both on the regional and global level. The Committee had discussed issues that particularly concentrated on the children of migrants in their own country, as well as in transit or host countries. Committee Experts had expressed their concern about the current large migration flows, particularly in Libya and generally in North Africa. The Committee had held dialogue with stakeholders and the Office of the High Commissioner for Human Rights to ensure that they were abreast of all of the current issues in Libya.
The next session of the Committee will be held from 16 to 27 April, 2012, when the Committee will examine the reports of Paraguay and Tajikistan.
Concluding Observations
Argentina
In its concluding observations on Argentina, the Committee welcomed the new law (No. 25871) on migration which recognized the right to migration as a fundamental and inalienable right and protected the right of all migrants, including those in an irregular situation, to have free access to all levels of education as well as to health services, and required employers to comply with labour legislation irrespective of the migratory status of an employee. The Committee was pleased to note the recent amendment to the Law on Trafficking, which introduced stricter penalties for traffickers and repealed the requirement that victims over 18 years must prove that they did not initially give their consent to engage in an exploitative activity. The National Programme for the Prevention and Eradication of Trafficking in Persons and for Assistance to its Victims, adopted in 2007, and the establishment in 2008 of the Office for the Rescue and Assistance of Victims of Trafficking within the Ministry of Justice, which provided assistance to victims until they testified in judicial proceedings, were also good developments.
The Committee noted the information provided by Argentina concerning the investigation of complaints about discrimination against migrants by the National Institute against Discrimination, Xenophobia and Racism. It expressed concerned about reports on discriminatory attitudes towards migrants from African and neighbouring countries, particularly Senegal, Bolivia and Paraguay, media coverage associating migrants with criminal acts and abuse of social benefits, xenophobic statements by politicians, and discrimination against migrant children at school. The Committee recommended that Argentina adopt pro-active measures to eliminate discriminatory stereotypes about migrant workers and members of their families, in political discourse as well as in the media, by strictly applying criminal law provisions and sensitizing law enforcement officials, politicians, journalists and the general public on the discriminatory nature of such acts;
publically condemn discriminatory acts targeted migrant workers and members of their families and remind the media of its responsibility to critically report on such acts; and ensure that teachers respected the dignity and cultural identity of migrant children, reported any instances of discrimination against migrant children to the relevant authorities and promote a culture of tolerance and respect for diversity.
Chile
In its concluding observations on Chile, the Committee welcomed the proclamation of a new law (no. 20.507) on 1 April 2011, to prevent trafficking of persons, and other measures taken to combat trafficking. The Committee was pleased to note that Chile had taken efforts to enable Chilean nations working abroad to vote in national elections. The Committee also welcomed the signing of agreements related to migrant workers, including: intersectoral agreements to foster integration of the migrant population; international social security agreements; agreements concluded by Chile as an associate member of MERCOSUR; and the cooperation agreement signed between the Chilean Prison Service and the International Organization for Migration.
While welcoming the establishment of the National Human Rights Institution in 2009, the Committee regretted that the assessment of its compliance with the Paris Principles had not yet been made because the Institution was not yet accredited before the International Coordinating Committee of National Human Rights Institutions. The Committee recommended that Chile take necessary measures to achieve accreditation, seeking help from Office of the High Commissioner for Human Rights if necessary. The Committee noted that children of parents in an irregular situation were recorded in the official register under the mention ‘children of foreign nationals in transit’ and could opt for Chilean nationality within a period of one year immediately following their twenty-first birthday. However, the Committee was concerned about cases of children of parents in an irregular situation who could find themselves on Chilean territory without a nationality. While welcoming the various initiatives taken to combat discrimination against migrant workers, the Committee was concerned about reports on the existence of discriminatory attitudes and social stigmatization of migrant workers and members of their families in the State party. The Committee recommended that the State party took positive measures and strengthened the measures already taken to combat discriminatory attitudes and social stigmatization, in particular through awareness-raising campaigns for the general public, teachers, migration officials, and professionals of the media.
Guatemala
In its concluding observations and recommendations on the initial report of Guatemala, the Committee welcomed the progress Guatemala had made in protecting the rights of its nationals living abroad, adding that important challenges lay ahead for Guatemala to ensure the protection of migrant workers in its capacity as both a transit country and a destination. It noted that certain destination countries which hosted Guatemalan migrant workers were not parties to the Convention on the Rights of Migrant Workers and Members of their Families, and this could constitute an obstacle to their enjoyment of their rights. The Committee welcomed the establishment in 2007 of the Guatemalan National Council for Migrants (CONAMIGUA), a national council that was charged with ensuring the well-being of migrants. It also welcomed the setting up of Guatemalan consulates, mainly in the United States. The Committee welcomed bilateral and multilateral agreements which Guatemala had signed to promote equitable and humane conditions with regard to migrant workers and members of their families.
Among concerns, the Committee regretted the lacuna in the Guatemalan law 4126 related to migration which did not reflect sufficiently the provisions of the Convention on the Rights of Migrant Workers and Members of their Families. It recommended that Guatemala amend the text as soon as possible in order to harmonize the law with the Convention. The Council also invited Guatemala to consider ratifying International Labour Organization Convention 143. It hoped that interested officials could benefit from education programmes on the provisions of the Convention. The Committee called on Guatemala to organize sensitization campaigns to combat prejudice against and social stigmatization of migrant workers, not only for officials but also for the general public. It hoped that migrant workers would be able to organize and join unions and associations in Guatemala, regretting that foreigners did not have the right to join unions and associations in Guatemala. The Committee encouraged Guatemala to prioritize the finalisation and implementation of the “Integrated Public Policy on Migration” that could only facilitate better institutional coordination on migration in Guatemala. The Committee recommended that the State party intensify its effort to combat trafficking in human beings.
Full versions of the concluding observations adopted during this session will be posted on the Committee website (http://www2.ohchr.org/english/bodies/cmw/cmws15.htm). The relevant link will appear in the right column of the table, next to the name of the country concerned.
For use of the information media; not an official record
CMW11/013E