Committee on the Rights of Migrant Workers Opens Thirty-Ninth Session
Civil Society Organizations Brief the Committee on the Situation of Migrant Workers in Benin, Egypt, Indonesia and Peru
The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families this morning opened its thirty-ninth session. The Committee heard an opening statement from a representative of the Secretary-General, and adopted its provisional agenda. It also heard from representatives of national human rights institutions and non-governmental organizations about the situation of migrant workers in Benin, Egypt, Indonesia and Peru.
During the session, the Committee will consider the initial report of Benin, the combined second to fourth periodic report of Egypt, the second periodic report of Peru, and the second periodic report of Seychelles.
In opening remarks, Andrea Ori, Chief of the Target Groups Section, Human Rights Treaty Mechanisms Branch, Office of the United Nations High Commissioner for Human Rights, welcomed the positive news that Zimbabwe had ratified the Convention, and congratulated Zimbabwe for their pledge to accede to the Convention earlier than 2027. Unfortunately, with 60 ratifications, the Convention remained the least ratified of the core human rights treaties, with none of the European Union States having ratified it. It was essential that these States ratify it.
Mr. Ori said the Committee on Migrant Workers and the Committee on the Elimination of Racial Discrimination had completed the second phase of regional consultations for a joint general comment on public policies for addressing and eradicating xenophobia and its impact on the rights of migrants and those affected by racial discrimination, with the third phase to start during the two Committees’ overlapping sessions.
The Committee also heard from representatives of national human rights institutions and non-governmental organizations about the situation of migrant workers in Egypt, Benin, Peru and Indonesia.
On Egypt, speakers discussed law reforms, the situation of migrants from Sudan and Gaza, and mandatory HIV testing for migrant workers.
Regarding Benin, a speaker raised the issues of the treatment of migrant women and lesbian, gay, bisexual, transgender and intersex persons and gender-diverse migrant workers, and weak legislation pertaining to the informal market.
The speaker on Peru addressed the plight of the over 400,000 home workers in the country, including their lack of legal protection, poor wages, and harassment.
Speakers on Indonesia highlighted issues such as the lack of implementation of the Convention, insufficient data on migrant workers, and a poor response to the issue of trafficking.
The National Council for Human Rights of Egypt and the non-governmental organization Justice for All International spoke on Egypt.
The Centre for Migration, Gender and Justice and Changement Social Benin spoke on Benin.
The Centre for Migration, Gender, and Justice and Sindicato de trabajadores y trabajadores del Hogar region Lima spoke on Peru.
The Indonesia National Commission on Human Rights (Komnas HAM) and the non-governmental organization Migrant CARE spoke on Indonesia.
The webcast of Committee meetings can be found here. All meeting summaries can be found here. Documents and reports related to the Committee’s thirty-ninth session can be found here.
The Committee will next meet in public at 3 p.m. on Monday, 2 December to begin its review of the initial report of Benin (CMW/C/BEN/1).
Opening Statements
ANDREA ORI, Chief of the Target Groups Section, Human Rights Treaty Mechanisms Branch, Office of the United Nations High Commissioner for Human Rights, welcomed the positive news that Zimbabwe had ratified the Convention, and congratulated Zimbabwe for their pledge to accede to the Convention earlier than 2027. Unfortunately, with 60 ratifications, the Convention remained the least ratified of the core human rights treaties, with none of the European Union States having ratified it. It was essential that these States ratify it. The Committee would hold a private meeting with the High Commissioner for Human Rights this week, which would be a good opportunity to discuss the ratification campaign.
During the session, the Committee would consider the initial report of Benin, the combined second to fourth periodic report of Egypt, the second periodic report of Peru, and the second periodic report of Seychelles. The Committee would also adopt lists of issues in relation to the second periodic report of Mauritania under the traditional procedure as well as lists of issues prior to reporting under the simplified reporting procedure for the second periodic report of Indonesia, the third periodic report of Mali and the second periodic report of Timor Leste. In addition, the Committee would assess the follow-up report in relation to the priority recommendations to the concluding observations concerning Azerbaijan with respect to the implementation of the Convention.
The High Commissioner for Human Rights Volker Türk had emphasised the importance of joint action by treaty bodies, including general comments, press releases and high-level events, Mr. Ori said. The Committee on Migrant Workers and the Committee on the Elimination of Racial Discrimination had completed the second phase of regional consultations for a joint general comment on public policies for addressing and eradicating xenophobia and its impact on the rights of migrants and those affected by racial discrimination, with the third phase to start during the two Committees’ overlapping sessions.
The Committee’s ongoing concern about climate change and environmental degradation affecting the human rights of migrants was acknowledged. Mr. Ori noted that the connection between the climate crisis, discrimination, and intersectionality was largely unaddressed in the United Nations climate change process.
Mr. Ori said the treaty body system had been affected by chronic resource constraints, in addition to the current liquidity crisis of the United Nations. Despite these constraints, the process of strengthening the treaty bodies had led to significant results. The Chairpersons of the treaty bodies had presented consolidated conclusions on how to make the treaty body system fit for purpose, coherent and sustainable, and the Office of the High Commissioner for Human Rights had presented a working paper. However, it was regrettable that the recently adopted General Assembly resolution did not include the key proposals of the Chairs, including the foreseeable eight-year timetable, despite repeated efforts to include this language in the resolution; unfortunately, the resolution did not live up to expectations.
Mr. Ori concluded by appealing to all States that had not yet ratified the Convention to do so and wished the Committee every success in their work.
Question and Response
A Committee Expert asked about the statement of the Chairs of the treaty bodies; could the financial aspect which was requested be clarified?
ANDREA ORI, Chief of the Target Groups Section, Human Rights Treaty Mechanisms Branch, Office of the United Nations High Commissioner for Human Rights, said unfortunately, the resolution which was adopted at the General Assembly did not foresee the language sought for the resolution, especially regarding the regularity of reviewing States every eight years. It requested the Secretary-General to carry out every time an assessment of financial needs to ensure treaty bodies could function effectively and efficiently. Unfortunately, the States that brought forward the resolution were seeking consensus from all members of the General Assembly, which was why it did not outline a specific budget.
Remarks by the Committee Chairperson
FATIMATA DIALLO, Committee Chairperson, said the Committee would hold an informal public meeting with non-governmental organizations and national human rights institutions. The Committee had received submissions from non-governmental organizations and national human rights institutions for this session, which were extremely important for the Committee to carry out its work, and Ms. Diallo thanked them for their cooperation and diligence.
Statements by National Human Rights Institutions and Non-Governmental Organizations
Egypt
Concerning Egypt, speakers said the Convention was of vital importance to Egypt, which hosted around nine million workers from 133 countries, according to the International Labour Organization. Egypt, as a major transit and destination country, hosted a diverse population of migrants and refugees, many of whom faced challenges, including limited legal protections, discriminatory labour practices, and barriers to accessing essential services.
Three laws in Egypt were relevant to the application of the Convention: the draft labour law, the refugee law, and the Criminal Procedure Code. The draft labour law was in compliance with human rights standards, but unfortunately the same could not be said for the refugee law. Stronger, more human rights-based legislation was needed, and a new refugee law was currently being drafted. Since early 2004, great importance was attached to issues relating to migration, through Egypt’s national human rights institution. However, despite Egypt’s ratification of key international treaties, the absence of a comprehensive national asylum framework left vulnerable populations without adequate protection. Instances of collective expulsions and prolonged detention of migrants further underscored the need for reform and alignment with international standards.
The exclusion of migrant domestic workers from labour protections under law no. 12 of 2003 exemplified inequities that perpetuated cycles of marginalisation. The mandatory HIV/AIDS testing for migrant workers seeking residency or work permits also continued to raise concerns about Egypt’s adherence to the principles of non-discrimination enshrined in the Convention. Refugees and asylum seekers, particularly those fleeing conflicts in Sudan, Syria and Gaza, faced a lack of access to justice and basic rights. Speakers called on the Egyptian Government to adopt a comprehensive law on equality.
Benin
A speaker said Benin was a key migration hub in West Africa, serving as both a country of origin and destination for migrants seeking economic opportunity. However, for the 52.9 per cent of migrant women in Benin, and lesbian, gay, bisexual, transgender and intersex persons and gender-diverse individuals, the journey to fair treatment was far from complete as they often worked in informal sectors, like agriculture and commerce, where the lack of regulation and protections heightened their vulnerability to labour rights violations, exploitation, and trafficking. Despite Benin’s Labor Code, Constitution, new recruitment law, and the planned national labour policy promising equal treatment, there was yet to be consistent, enforceable safeguards for these vulnerable groups.
Workers in Benin’s informal labour market often lacked legal status, barring them from accessing basic rights and leaving them without recourse when they experienced exploitation or violence. There were further shortcomings when it came to gender-based violence. Benin passed act no. 2011-26 to prevent and penalise violence against women and girls, but enforcement appeared weak. The ratification of the new International Labour Organization Convention 190 on violence and harassment in the world of work would be an important move towards enhancing gendered labour protections. Additionally, trafficking continued to impact lives, with women and girls being the main targets.
Benin’s participation in the Global Compact for Migration was a positive step and the State was urged to prioritise gender-specific labour protection measures. There needed to be commitments to enhance the enforcement of existing labour laws in a gender-responsive way; immediate ratification of International Labour Organization Conventions 189 and 190; and improved data collection mechanisms in areas such as trafficking.
A second video could not be interpreted due to poor sound quality.
Peru
The speaker on Peru said the country was home to more than 400,000 home workers. The sector was impoverished due to the lack of labour rights. Despite Peru having ratified the Convention and having labour laws, home workers continued to face rights violations every day, with many being fired with little protection. The workers were calling for a union, so leaders could guide and defend them, and so they could receive food and a minimum pension. The defence of migrant workers was also vital. Migrants were covered by the Peruvian law, yet many were paid a salary below the minimum wage, working many hours, and suffering from harassment at work, including physical and psychological violence.
The Ministry of Labour was called on to support the many domestic workers who were laid off, not covered by social security, and who did not have a job contract. Many housekeepers came through employment agencies, and these agencies abused them, which was ignored by the State. Home workers were an important sector that contributed to the country's economy and the well-being of thousands of families. Therefore, it was essential that their labour rights were respected and that should be included in the national care system in Peru.
Indonesia
Indonesia was one of the world’s largest sending countries of migrant workers, with over 270,000 placements last year, with women making up 61 per cent of the workforce. These workers faced risks, including exploitation, abuse, and inadequate legal protections as a result of gaps in ensuring adequate protection and fulfilling the rights of migrant workers, especially those in vulnerable situations. The challenges faced by Indonesian migrant workers reflected systemic shortcomings in policy implementation and coordination. Although Indonesia had law no. 18/2017, this law was not sufficient to implement the Convention. Policies at the regional level also did not enhance the implementation of the Convention. There had been no effective institutional synchronisation in implementing the Convention, which resulted in poor governance and unsafe migration.
A lack of integrated data and a database on migrant workers was a key challenge. There was no labour migration data collection system that supported efforts to protect and empower migrant workers and available data was inaccurate. Exploitation and trafficking were also major issues. From 2021 to 2023, 86 complaints related to trafficking and 31 cases of violence against migrant workers were recorded.
Female workers were disproportionately affected, facing labour exploitation, forced labour, and sexual abuse. Law enforcement often failed to hold perpetrators accountable, while victims rarely received justice or restitution. There were also insufficient rehabilitation, reintegration and recovery services for victims, with only two operational recovery centres in the country. The Government’s protection also largely excluded undocumented workers who lacked access to social security and legal remedies.
The Government was urged to take immediate and concrete actions to streamline coordination between agencies and establish a centralised, integrated database to enhance the efficiency and accountability of migrant worker protection efforts; strengthen law enforcement against exploitation and trafficking; expand recovery and reintegration services to all migrant workers; and remove systemic barriers for undocumented workers to access protection, social security, and legal remedies.
Questions by Committee Experts
A Committee Expert said Egypt had migrant workers of origin, destination and transit. Egypt was challenged by the situation in Gaza and Sudan and hosted migrant workers from those countries; what were the observations with regard to their conditions, and what special measures had been taken by the Government to take care of their situations? If the Government was not doing anything, what recommendations could the Committee provide to the Government?
Another Expert asked how the Government of Egypt supported the national Human Rights Council; what resources were granted to allow this body to address migrant issues? How did this help improve the situation of migrants in society? Did the Council have a mechanism to ensure follow up of the Convention?
A Committee Expert asked what procedure the Egyptian national human rights Council had in place to ensure migrants could address them? What did the Council identify as the main challenges for migrants in Egypt and those outside of Egypt?
One Expert asked how the reforms of the Penal Code in Egypt would apply to the migration situation? Would it include the recognition of the right to informal work? Concerning Peru, what efforts were being made to ensure the work of home workers could be incorporated into the law?
Another Expert asked about the contribution of migrants in Egypt. What was the assessment of the rights of migrants in Egypt? Had any studies been carried out on the challenges faced by migrants in Egypt? What efforts were being made to implement the Convention? What had been done to increase awareness of the text of the Convention?
A Committee Expert asked how many complaints of their violations of rights were related to migrants and refugees? What was the nature of the complaints and how had they been dealt with? There had been reports of collective deportation. What was the current situation like? Did this practice continue? Had there been investigations? Were visits to detention centres conducted by the National Human Rights Institution?
Another Expert noted that criminal reforms had been underway in Egypt; why had they taken more than one year? What was the situation of stateless persons in Egypt? Did detained persons have the right to legal assistance? Could more information be provided about the discriminatory tests?
A Committee Expert asked what efforts the Egyptian Government was taking to ensure coordination? What specific recommendations of the rights of migrant workers had been devised? What response from the Government ensured the effective protection of migrant workers? Were there statistics which highlighted the situation of expulsions of migrant workers?
Regarding Benin, the Government acknowledged that it had difficulties implementing article 17 of the Convention, which related to the prison conditions of migrant workers, and article 41 concerning the participation in voting by Beninese nationals abroad. Was there information on care for migrants in prison environments, and information on the exercise of civil and political rights by migrant workers? This additional information would allow for an in-depth dialogue on the issue.
Responses by Civil Society Representatives
Responding to questions, speakers said Egypt was surrounded by conflict but played an active role in establishing peace. Egypt was active in implementing the United Nations Security Council resolution on women, peace and security. Egypt was a developing country and was committed to the progressive realisation of economic, cultural and social rights, as much as national resources allowed. Egypt had no refugee camps; refugees were free to live and work where they wanted. The National Council for Human Rights spared no efforts to receive complaints from migrants and refugees, and spared no efforts to harmonise the draft refugee law with international human rights standards. The Committee could make this recommendation to the Government. There was a strong relationship between the Criminal Procedure Code and the Convention. Strengthening the human rights of the Criminal Procedure Code would feed into the refugee law and would increase the enjoyment of the human rights of Egyptians living abroad or those on the move.
Regarding people coming from Sudan and Gaza, there were serious internal situations there. There was no camp or place for detention of people coming from Sudan. It was in the best interest of any person coming in to know whether they needed medical assistance. This was for the benefit of the people coming into Egypt. There was an active complaints mechanism for migrants. There were around one million Egyptian workers abroad, and funding had been provided to these workers.
Egypt had taken several steps to mitigate problems and had worked with countries across the world. Regular visits had been conducted to detention centres, where a significant number of migrant workers resided. Steps were being taken to ensure these workers benefitted from health care and had access to justice. The numbers of Egyptians and foreigners in Egypt was only based on estimates due to the neighbouring conflicts. There needed to be a more accurate endeavour to understand the correct numbers. Egypt called on any persons who saw themselves qualified to be registered as a refugee to register themselves with the United Nations High Commissioner for Refugees to enable the State to have accurate numbers, to provide them with the services they needed.
In the informal sector, there were violations of rights and workers did not benefit from social security and services provided to formal employees. However, these people were still allowed to work, even if it violated the current version of the law. There was a big issue with Egyptians abroad. Egypt called on recipient countries, particularly European and North American countries to safeguard the rights of millions of Egyptian and non-Egyptian workers.
When it came to Egyptians abroad, there was a need for further support by the Government and an increase in the number of officers to protect Egyptians abroad. The Criminal Procedure Code was draconian and did not conform with the Egyptian Constitution. It was good to engage in a societal dialogue which would result in a more solid draft law. It was concerning that the current draft law did not cater for the rights of whistleblowers or witnesses of crimes. The National Human Rights Council was not happy with the draft law on refugees, and was taking part in the consultative process, and insisted on a human rights approach to this critical law.
Egypt was surrounded by many conflicts in the region and had been affected by a huge influx of refugees. Being a country which offered migrants to other countries, Egypt had serious issues providing those coming to Egypt with basic living. The United Nations High Commissioner for Refugees was not doing a great job when it came to processing and assessing refugee applications. Gaza refugees were registered by the United Nations Relief and Works Agency for Palestine, which presented issues. There were around 115,000 Palestinians who sought refuge in Egypt since October 2023. It had been observed that the Egyptian procedure for a work permit demanded a clean HIV test. In case of someone who was HIV positive, the work permit was denied. This created a huge problem for migrants who were trying to receive an official work permit. The human rights situation in Gaza was extremely serious for the entire region. Despite constraints, Egypt was the biggest contributor of humanitarian aid to Gaza and the Palestinians.
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