COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS STARTS CONSIDERATION OF INITIAL REPORT OF COLOMBIA
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families this afternoon started its consideration of the initial report of Colombia on its implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of Their Families.
Presenting the report, Clara Ines Vargas, Director for Multilateral Affairs at the Ministry of Foreign Relations of Colombia, said that in a globalized world, respect for the rights of migrant workers was very important. Colombia was committed to human rights and to the international instruments it had acceded to. Migration in Colombia was a two-way phenomenon. A significant number of its own nationals were temporarily or permanently residing in other countries. Colombia was also receiving foreign migrants on its territory. According to the Colombian Constitution, foreigners had the same rights as nationals, except for special rights such as the right to vote and the right to run for office.
Despite the fact that the State had made progress in migration issues, it was important to note that migration was a dynamic process and that the Government had to implement strategies which could provide for an effective coherent response whenever needed, Ms. Vargas said. Colombia also had a policy to protect migrants from risks, such as trafficking of women and children. A law adopted in 2005 set out rules and measures to protect and ensure the human rights of victims and to strengthen State action in the face of the crime. Colombia had implemented a national strategy for combating trafficking and the law had also been updated in accordance with international regulations.
Committee Experts raised questions concerning the issue of the coordination of migration matters at the State and regional level. How were illegal migrants dealt with? What was the process for their deportation? What was the process Colombians had to go through if they wanted to leave Colombia? Could the delegation explain more about how Colombia treated its nationals aboard; was there a body that was especially set up for this? How did the Colombian Government work to prevent irregular migration? Further, what did the Government do to help the rehabilitation of those who had survived human trafficking? Was the Government planning to lift its reservations on the Convention? Concerning civil rights, one Expert noted that in Colombia, the exercise of certain civil rights was prohibited for foreigners; what sort of civil rights were prohibited for foreigners and why? Also, what had Colombia done to ensure that Colombians living abroad could vote in elections easily?
Also in the delegation of Colombia was a representative of the Permanent Mission of Colombia to the United Nations at Geneva.
When the Committee meets again at 10 a.m. on Wednesday, 22 April, it will resume its consideration of the initial report of Azerbaijan. The Committee will resume its consideration of the initial report of Colombia on 22 April 2009 at 3 p.m..
Report of Colombia
The initial report of Colombia (CMW/C/COL/1) says that Colombia guarantees all the rights recognized in the Convention and to date has received no information concerning any violation or complaint brought before the national authorities or the Office of the United Nations High Commissioner for Human Rights. On the subject of migration, the Colombian Constitution stipulates that: “[…] aliens shall enjoy, in the territory of the Republic, guarantees granted to nationals, except for the limitations established by the Constitution or by law.” Article 74 of Act No. 141, which deals with proportional employment, provides that: “Every employer with more than 10 employees must employ a proportion of Colombians accounting for no less than 90 per cent of the regular staff and no less than 80 per cent of the qualified, specialist or management staff or personnel in a position of responsibility.”
An agreement was concluded between the Government of Colombia and the Governments of El Salvador, Guatemala and Honduras to establish a “visa group” to address issues related to application procedures and requirements, processing of applications, issuance and use of visas in order to promote economic, trade and cultural exchanges. A census conducted in 2005-2006 estimated the number of non-Colombian nationals resident in the country at 90,469. With regard to the immigrant population in the country, most of the foreigners are nationals of neighbouring countries, in view of their physical proximity and the existence of economic, social or cultural exchanges, as is the case with Ecuador and Venezuela.
To date, there are no records of any detained migrant workers. In any case, in Colombia national and foreign detainees are treated in the same way: they are informed of their rights and, in particular, of their legal situation; if they do not speak Spanish, interpreters are used to communicate to them the relevant information in their mother tongue or in another language that they understand. Migrant workers and members of their families enjoy the same rights as Colombian nationals; this treatment is of the utmost importance in building a social State governed by the rule of law. Once they have reached the age of 18, aliens resident in Colombia are entitled to vote; for this they must have a resident’s visa and be registered with the National Civil Registry.
Presentation of Report
CLARA INES VARGAS, Director for Multilateral Affairs at the Ministry of Foreign Relations of Colombia, introducing the initial report of Colombia, said that in a globalized world, respect for the rights of migrant workers was very important. Colombia was committed to human rights and to the international instruments it had acceded to. It was also a country open to international scrutiny, in order to overcome the challenges which remained in the different areas.
Migration in Colombia was a two-way phenomenon, noted Ms. Vargas. A significant number of its own nationals were temporarily or permanently residing in other countries. Colombia was also receiving foreign migrants on its territory. According to the Colombian Constitution, foreigners had the same rights as nationals, except for special rights such as the right to vote and the right to run for office. Foreigners could only vote in district votes.
Colombia had also forged bilateral agreements with other parties. On the issue of visas, temporary visitors from 79 countries did not need a visa to enter Colombia and could stay in the country for up to 180 days. Temporary worker visas could be issued for those who wanted them. In the past year, Colombia had gone through a legalization process of foreigners. In this first round, more than 2,000 applications had been received and more than had been 1,000 approved. A second legalization round had begun a new process of legalization, said Ms. Vargas.
The International Convention on the Protection of All Migrant Workers and Members of Their Families had come into force in May 1995, indicated Ms. Vargas. All guarantees of the Convention were recognized and guaranteed for. The year 2003 had seen the implementation of a Commission which had the authority to monitor and make recommendations for a better application of migration policies.
Colombia was not just a receiving country, but also a country whose nationals were leaving to live and work elsewhere. They recognised the necessity to recognize Colombians abroad as a vital component of the nation. The President had thus implemented an integrated migration policy, which should be seen as an essential part of their foreign policy, said Ms. Vargas.
The growth in Colombian migration abroad had several consequences. As such there had been remittances from migrants abroad to their families at home. Despite the fact that the State had made progress in migration issues, it was important to note that migration was a dynamic process and that the Government had to implement strategies which could provide for an effective coherent response whenever needed. The Government had also identified the need for an integrated migration policy which met the expectations of Colombians abroad, said Ms. Vargas.
Migration policy was an essential part of Colombia’s foreign policy. Migrants were subject to rights and obligations, said Ms, Vargas. Colombia also had a policy to protect them from risks, such as trafficking of women and children. A law adopted in 2005 set out rules and measures to protect and ensure the human rights of victims and to strengthen State action in the face of the crime. The law provided for 13 to 23 years of imprisonment for trafficking. Colombia had implemented a national strategy for combating trafficking and the law had also been updated in accordance with international regulations.
Colombia was party to several International Labour Organization and human rights conventions, as well as the Statute of Rome of the International Criminal Court, concluded Ms. Vargas.
Questions by Experts
ANA ELIZABETH MEDINA, the Committee Expert acting as Rapporteur for the report of Colombia wondered where illegal migrants were detained. Which authorities were authorized to confiscate and retain documents? What was the process for deportation? What was the process Colombians had to go through if they wanted to leave Colombia?
Turning to the registration of migrant children and the children of undocumented parents, how did the State party ensure their registration? Further, what had been done to prevent the brain drain in Colombia? Could the delegation explain more on how Colombia treated its nationals aboard; was there a body that was especially set up for this?
How did the Colombian Government work to prevent irregular migration? Further, what did the Government do to help the rehabilitation of those who had survived human trafficking? How did the State party ensure that children could legally travel aboard? Also, she noted that, concerning migrants in transit, there was no information about this issue in the report; could the delegation elaborate on that subject?
In follow-up questions, among other issues, Experts asked, on global migration policy, how did all the authorities in the country coordinate themselves? How were migration matters coordinated at the regional level? An Expert also noted that a lot of what was in the report was theoretical, but how did things work in practice? Were the laws that were in force fully applied?
When ratifying the Convention in 1995, Colombia had made reservations on certain articles. Now, many years after the ratification, was the State party contemplating to remove these reservations? What measures were being undertaken to prevent illegal migration? Were treaties and conventions considered at the same level as the Constitution in Colombia, wondered an Expert?
One Expert noted that entering in Colombia without documents was not considered a criminal offence; administrative sanctions could be taken but not criminal sanctions. Why was this so? Also, the administrative sanctions were issued in 36 hours. What happened during these 36 hours when the persons were detained? Was there a way to appeal such a decision?
Turning to regional issues, an Expert asked if there was an agreement that would allow for members of cross-border regional Indian communities to work in another neighbouring country. Was it possible for them to transfer social security from one country to the other?
Concerning civil rights, one Expert noted that in Colombia, the exercise of certain civil rights was prohibited for foreigners. This was understandable for political rights, but what sort of civil rights were prohibited for foreigners and why? Also, what had Colombia done to ensure that Colombians living abroad could vote in elections easily?
Another Expert highlighted the fact that it had been claimed that Colombia’s irregular migration had been affected by the events of 9/11, that there had been a wave of migration post 9/11 and that migrants had then been “branded” as terrorists. Could the delegation elaborate on these claims and was this still the fact after nine years?
Also, what role were recruitment agencies playing in the migration process? Was there a fee structure in place that was allowed by the Government? Were there any syndicates or gangs that dominated the placement of migrant workers? Another Expert asked questions on seasonal workers: did they have social rights? Were they declared to pension funds?
Response by Delegation
Responding to these issues and others, the delegation said on the question of whether Colombian children were given a passport so that they could travel abroad, it was possible and their parents had to send an application to the Ministry of Foreign Affairs, together with a copy of their civil registry. For children of parents irregularly in the country, the delegation noted that all persons had the right to be regularized and their children could be registered in the civil registry.
On the Constitutional nature of laws, the delegation noted that the Constitution was the supreme law. However another law said that human right treaties were immediately applicable. It was very difficult for a law to contradict a treaty, because as soon as it did, it could be brought before a court. This applied not only to treaties but also to other international human rights instruments.
Turning to nationality, the Constitution indicated that a child born in Colombia could only get Colombian nationality if at least one of his parents was domiciled in Colombia. This meant that at least one parent had to have a valid visa. Children of illegal citizens were registered but they did not automatically get the Colombian nationality. Children of Colombians abroad were accorded the Colombian nationality if they were registered at the Consulate; this was done to avoid statelessness, indicated the delegation.
About the right to vote, the delegation said that Colombians abroad could vote for Presidential elections and for the Senate elections. Until recently it was not possible to vote for the Chamber of Representatives and recently one seat was created for Colombians aboard. They could however not vote for communal and regional elections. Registration of electors took place at the Embassy of the receiving country.
Concerning the dissemination of the Convention, the delegation said that normally it was distributed to the authorities that had to deal with migration, but there was no specific training programme for officials. In Colombia there was no register for temporary workers. Colombia did not receive a lot of people doing temporary work. The delegation believed that States took measures when they saw a problem in a specific area. As there were not a high number of temporary workers, nothing had been undertaken.
On retention centers, the delegation said that a person could only be detained on a decision by a judicial body and that within 36 hours a person had to appear before a judge. Migration control was the responsibility of the Security Department and they were handling the retention of migrants. Nobody could have their documents confiscated, neither a Colombian, nor a foreigner. If documents were false, authorities could retain the document, but they would have to be used as evidence in a case before a judge.
On expulsion and deportation, the delegation said that it was often not carried out due to lack of resources. Deportation meant that a person was deported and had a return ban for five years. If someone returned to Colombia before the passing of the five years, they would be expelled. A judge could also order the expulsion of someone who had committed a crime. There was no appeal available to such a decision. If a foreigner was organizing activities which endangered national security, their visas could also be cancelled.
There also was a programme coordinated by the Department of Consular Affairs and the Department of Colombians abroad. The delegation noted that there was not a huge flow of foreigners into Colombia, thus the Government focused more on the protection of Colombians who were living abroad. The delegation said that Colombia should, in the future, also start to address the issue of foreigners coming to the country.
Colombia in the past had social workers helping to meet the needs of Colombians abroad. There were also non-governmental organizations active that dealt with migrant issues. Through the programme they had tried to establish networks and scientific communities abroad. There were many scholarships offered for those who wished to study abroad, but there was a clause which requested that the receivers of these scholarships came back home.
For use of the information media; not an official record
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