COMMITTEE ON RIGHTS OF MIGRANT WORKERS OPENS TWENTY-THIRD SESSION

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families this morning opened its twenty-third session, hearing an address by James Heenan, Chief of the Groups in Focus, Human Rights Treaties Division at the Office of the High Commissioner for Human Rights, and adopting its agenda and programme of work.

Mr. Heenan recalled that during the last session of the Human Rights Council, High Commissioner for Human Rights Zeid Ra’ad Al Hussein had opposed in the strongest possible terms the notion that migrants were a burden. He had expressed concern regarding migrants attempting to enter Australia and the United States, and the abuse of migrants that was so frequent throughout the world, and had commended the European Union’s recent determination to tackle migration in a more comprehensive manner. The Post-2015 Outcome Document: “Transforming Our World: The 2030 Agenda for Sustainable Development” had been adopted on 2 August, which, while not perfect, had put combatting inequalities, discrimination and exclusion at its heart, and included the rights of migrants. In the June 2015 Annual Meeting, Chairpersons of Treaty Bodies had adopted the San José Guidelines which had set out harmonized responses available to treaty bodies to deal with intimidation or reprisals against individuals or groups who cooperated with the Committees.

In the ensuing discussion, Committee Experts raised concern about the ongoing migration crisis in the Mediterranean and the dire situation of migrants, stressing that it was the responsibility of all human beings to handle this situation with the welfare of other humans in mind. The mandate of the Committee as set out by the Convention had been overtaken by the reality on the ground, and Experts stressed that the restrictive interpretation of the Convention was not enough in the light of the humanitarian duty of the Committee in front of this tragic situation. The Experts said that the Committee could not continue with its business as usual, it must not remain silent, but must act and wake up humanity and mobilize stakeholders to address this tragedy.

The next public meeting of the Committee will be at 3 p.m. this afternoon, when it will begin its consideration of the initial report of Cabo Verde, in the absence of a report and a delegation.

Opening Statement

JAMES HEENAN, Chief of the Groups in Focus, Human Rights Treaties Division at the Office of the High Commissioner for Human Rights, recalled that the Seventh Meeting of the States parties to the Convention had been held on 30 June 2015 in New York, during which States parties and others had addressed the benefits of the ratification of the Convention. Mr. Heenan then briefed the Committee on relevant developments in the Human Rights Council, saying that the High Commissioner for Human Rights had addressed the rights of migrants in his opening statement and in the interactive dialogue on the human rights of migrants. High Commissioner Zeid Ra’ad Al Hussein had opposed in the strongest possible terms the notion that migrants were a burden and expressed concern regarding migrants attempting to enter Australia and the United States, and the abuse of migrants that was so frequent throughout the world. Regarding the crisis in the Mediterranean, the High Commissioner had commended the European Union’s recent determination to tackle migration in a more comprehensive manner. The Special Rapporteur on the human rights of migrants, Francois Crepeau, had introduced his reports on country visits to Sri Lanka, Italy and Malta, and his report on the European Union border management. The Council had adopted a resolution on the protection of the human rights of migrants, in which it had requested the Office of the High Commissioner for Human Rights to submit a study on the situation of migrants in transit before its March 2016 session.

On 2 August, the Member States had endorsed by consensus the Post-2015 Outcome Document: “Transforming Our World: The 2030 Agenda for Sustainable Development”, which would be submitted to the Heads of State for adoption at the United Nations Summit in September. While not perfect, the text exhibited a number of very welcome human rights features; it had put combatting inequalities, discrimination and exclusion at its heart, and included a very expansive list of groups to be given special focus, including migrants. The text had outlined an accountability architecture at national, regional and global levels, and it had been proposed that a follow-up and review of progress towards the Sustainable Development Goals be entrusted to the High-Level Political Forum on Sustainable Development under the Economic and Social Council. Accountability for the Goals was grounded in the indicators that would measure progress towards the targets and goals, which were currently being deliberated; a preliminary list would be published in November 2015. Indicators would provide a crucial means of ensuring that human rights lay at the heart of the post 2015 architecture by ensuring that information collected exposed the reality on the ground of people’s enjoyment of their human rights. The twenty-seventh Annual Meeting of Chairpersons of Treaty Bodies, which had taken place in Costa Rica in June this year, had adopted the San José Guidelines against intimidation or reprisals, which had set out harmonized responses available to treaty bodies and so re-emphasized the right of everyone to have unhindered access to and to communication with the treaty bodies and their members for the effective implementation of treaty bodies mandates.

Discussion

FRANCISCO CARRIÓN MENA, Committee Chairperson, stressed the importance of the emphasis on the rights of migrants in the High Commissioner’s address to the Human Rights Council, and welcomed his naming of countries concerned by the current migrant crises, including Sri Lanka and Australia.

A Committee Expert expressed concern about the dire situation of migrants who were trying to cross the Mediterranean and said that it was a responsibility of all human beings to handle this situation with the welfare of other humans in mind; this was a situation which must receive more attention. Another Expert welcomed the initiative for this Committee and the Committee on the Rights of the Child to issue joint statements and said that there was a need to think about standing coordination and links with other human rights treaty bodies with regards to the human rights of migrants. Further, minimum coordination needed to exist between the Committee, the Special Rapporteur and the Migrants’ Unit at the Office of the High Commissioner for Human Rights.

There had not been much discussion about the causes that were at the root of the current migrant crisis in the Mediterranean; until that was understood, it would not be possible to address this issue properly. There were thousands of women, men and children who were dying on their migratory routes; given this tragic situation, the Committee could not satisfy itself with just reading States’ reports, but must act and wake up humanity, to reject the putting up of barbed wire. The Committee could not continue with its business as usual, but should attempt to propose meaningful solutions and not remain silent. The mandate of the Committee as set out by the Convention had been overtaken by reality on the ground, said Experts and proposed to take time to examine the Convention and find out how it could act and pay special attention to the current situation. The humanitarian character of the current situation meant that the Committee needed to do more than what it was mandated to do, but it needed to do so within its mandate, competence and means, stressed an Expert. Restrictive interpretation of the Convention was not enough in the light of the humanitarian duty that the Committee had.

Responding to comments and issues raised by Committee Experts, JAMES HEENAN, Chief of the Groups in Focus, Human Rights Treaties Division at the Office of the High Commissioner for Human Rights, agreed that the Committee should set aside time during the current session to discuss the response to the migration crisis. The Committee did have a role in the crisis, and had the role for hundreds of millions of migrants who were not in crisis and who relied on the Convention for the enjoyment of their human rights. The voice of the Committee was an authoritative one and people would listen if the Committee came with a principled position; the challenge for the Committee was to find a message that would be listened to. There were a number of other events that the Committee could influence, for example the high-level meeting on European response to the migration crisis on 14 September. The event on 8 September, where a number of State parties would be present, was another such opportunity.


For use of the information media; not an official record

CMW15/010E