COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS CONCLUDES TENTH SESSION

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families today concluded its tenth session after issuing its concluding observations and recommendations on the initial reports of Azerbaijan, Bosnia and Herzegovina, Colombia and the Philippines.

In its concluding observations on the initial report of Azerbaijan, the Committee recognized that migrant flows had changed considerably and become more complex in Azerbaijan in the last few years, and that it had moved from a country of origin to becoming also a country of transit and destination, with significant numbers of migrant workers in its territory. The Committee also took note of the expression by the State party of difficulties in implementing the Convention in the Nagorno-Karabakh region. The Committee was concerned that the exact status of the Convention in domestic law remained unclear and regretted the lack of information and was also concerned at the fact that there was currently no definition of migrant workers that reflected the definition given in the Convention. Among its recommendations, the Committee encouraged the State party to strengthen its efforts to inform migrant workers of the administrative and judicial remedies available to them and to address their complaints in the most effective manner.

In its concluding observations on the initial report of Bosnia and Herzegovina, the Committee noted with appreciation that Bosnia and Herzegovina was party to the International Labour Organization Convention on Migration for Employment and Migrant Workers Convention, making it one of only a few States that had ratified all the treaties relating to the rights of migrant workers. The Committee was concerned about reports that the conditions of detention in the immigration holding centre were not in accordance with the Convention. In particular, the Committee noted with concern that the immigration centre did not provide adequately for the accommodation of families. The Committee recommended that the State party took steps to ensure that migrant workers and members of their families who were held in detention centres had access to legal aid and consular services, that they were not detained except in accordance with clear legal criteria and that their treatment was otherwise in full compliance with the Convention.

In its concluding observations on the initial report of Colombia, the Committee welcomed the efforts by the State party to promote and protect the rights of Colombian migrant workers abroad, and also welcomed the adoption of bilateral agreements with countries of employment of Colombian migrant workers such as Spain and Ecuador. The Committee noted that the Department of National Security had facilities where migrants in an irregular situation could be detained for up to 36 hours. However, the Committee was concerned at the absence, to date, of any special centres for receiving migrants, pending assessment of their situation. The Committee also noted with concern that, even though the children of all migrant workers, including those without documentation, might be registered with the Civil Registry, only children having at least one parent domiciled in Colombia were eligible for Colombian nationality. The Committee was particularly concerned about children who may become stateless. Thus, it recommended that, in accordance with the Convention, the State party ensured, both in law and in practice, the right of all children to have a name, to registration of their birth and to a nationality.

In its concluding observations on the initial report of the Philippines, the Committee noted with appreciation the State party’s commitment to migrant workers’ rights, as illustrated by the national constitutional, legislative, judicial, and administrative frameworks that include several institutional mechanisms. The Committee also appreciated that the State party considered the issue of migration as a priority in its domestic and foreign policy agenda. The Committee acknowledged that the geography of the thousands of islands in the State party made it challenging to effectively monitor the movement of people and control borders to prevent irregular migration and to safeguard the rights of all migrant workers. The Committee was also concerned about the fact that restrictions existed on the exercise of foreign migrant workers lawfully residing in the Philippines to engage directly or indirectly in trade union activities. Thus, the Committee recommended that the State party took the necessary measures to guarantee to all migrant workers and members of their families lawfully residing within the Philippines the right to join, form and to form part of the leadership of associations and unions, in accordance with the Convention, as well as with ILO Convention 87.

In addition to considering State reports, the Committee, during its tenth session, held meetings with representatives of national human right institutions, non-governmental organizations and with State parties to the Convention. The Committee further marked Labour Day on 1 May by holding a roundtable discussion on the right to freedom of association for migrant workers, during which representatives of intergovernmental organizations and labour unions addressed the importance of the right to freedom of association for migrant workers, including those in an undocumented situation.

This afternoon the Committee also decided to hold a General Discussion on migrant domestic workers during its next session and adopted its annual report to the General Assembly.

The next session of the Committee will be held from 12 to 16 November 2009, when it is scheduled to consider the initial report of Sri Lanka.

Concluding Observations

Having reviewed the initial report of Azerbaijan the Committee, in its concluding observations and recommendations, recognized that migrant flows had changed considerably and become more complex in Azerbaijan in the last few years, and that it had moved from a country of origin to becoming also a country of transit and destination, with significant numbers of migrant workers in its territory. The Committee noted with appreciation the State party’s efforts to work on the quality and availability of data on its migratory flows, particularly through the creation of the Unified Migration Database and the inclusion of questions related to migration in the population census started in April 2009. The Committee also welcomed the State Migration Service, established in March 2007, as well as the work undertaken by the State party under the State Migration Programme of 2006-2008, to study migration processes with a view to enhancing relevant legislation. The Committee further noted that the State party had concluded bilateral and multilateral agreements, at the regional and international level, and encouraged the conclusion of these agreements in so far as they promoted and protected the rights of migrant workers and members of their families.

Among principal subjects of concern, the Committee took note of the expression by the State party of difficulties in implementing the Convention in the Nagorno-Karabakh region. The Committee was concerned that the exact status of the Convention in domestic law remained unclear and regretted the lack of information, including examples, on the application of the Convention’s provisions by the domestic courts. It was also concerned at the fact that there was currently no definition of migrant workers that reflected the definition given in Article 2 of the Convention. While taking note that, according to the delegation, migrant workers had equal rights with citizens of Azerbaijan, the Committee was concerned at information that migrant workers, in particular undocumented and irregular migrant workers, and members of their families, might in practice suffer from various forms of discrimination, in particular in the area of employment, education, and housing. The Committee was also concerned about reports that in case of early termination of a labour contract the residence permit of a migrant worker became null and void and that migrant workers did not have the right to seek alternative employment.


The Committee remained concerned at reports that migrant workers, in particular those in an undocumented or irregular situation, had in practice limited access to justice, due to a lack of awareness concerning the administrative and judicial remedies that were available to them and of fear that they might lose their employment or face deportation if they approach the courts. Thus, the Committee encouraged the State party to strengthen its efforts to inform migrant workers of the administrative and judicial remedies available to them and to address their complaints in the most effective manner. The Committee also regretted that it had not received sufficient information on the measures taken by the State party to protect the rights of Azerbaijani migrant workers abroad and encouraged the State party to take effective measures to ensure the best possible protection for Azerbaijani migrant workers abroad. The Committee also noted the existence of recruitment agencies that may act as intermediaries for Azerbaijani citizens seeking work abroad. However, it regretted that no sufficient information had been provided to assess whether the supervision of their activities was in conformity with the Convention. The Committee recommended that the State party ensure that legislation on such recruitment agencies were in line with the provisions of the Convention.

In its concluding observations and recommendations on the initial report of Bosnia and Herzegovina, the Committee welcomed the conclusion by the State Party of bilateral and multilateral agreements, in so far as they promoted the rights of migrant workers and combated crimes such as trafficking in persons. The Committee also noted with appreciation recent ratifications of several instruments, such as the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime; the Protocol against the Smuggling of Migrants By Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime; and International Labour Organization Convention 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. The Committee also noted with appreciation that Bosnia and Herzegovina was party to the International Labour Organization Convention on Migration for Employment and Migrant Workers Convention, and that it was thus one of only a few States to have ratified all the treaties relating to the rights of migrant workers.

While noting that the Constitutions of Bosnia and Herzegovina prohibited discrimination, the Committee was however concerned that there was no precise information available as to the extent to which the legal framework had been effective in protecting the rights of migrant workers from discrimination. The Committee was also concerned about reports that the conditions of detention in the immigration holding centre were not in accordance with the Convention. In particular, the Committee noted with concern that the immigration centre did not provide adequately for the accommodation of families. The Committee was, moreover, concerned that no information had been provided in relation to the maximum period for which migrants may be detained. The Committee further noted that several agencies were responsible for the implementation of laws and policies relating to labour migration and was concerned that there might be areas of overlap and duplication in the planning and coordination of activities and responsibilities relating to the rights of migrant workers among agencies and ministries at the national and Entity levels.

Among its recommendations, the Committee encouraged the State party to strengthen and expand its training programmes to include all officials working in the area of migration, including social workers, judges and prosecutors. The Committee also recommended that the State party took steps to ensure that migrant workers and members of their families who were held in detention centres had access to legal aid and consular services, that they were not detained except in accordance with clear legal criteria and that their treatment was otherwise in full compliance with the Convention. While the Committee noted with appreciation the efforts of the State party to combat trafficking, it recommended that the State party continue its efforts to address trafficking, including through measures aimed at prevention as well as the care and rehabilitation of victims of trafficking. The Committee encouraged the State party to continue to combat trafficking through the prosecution of those responsible.

In its concluding observations on the initial report of Colombia, the Committee welcomed the efforts by the State party to promote and protect the rights of Colombian migrant workers abroad, and also welcomed the adoption of bilateral agreements with countries of employment of Colombian migrant workers such as Spain and Ecuador. The Committee further welcomed the establishment of the National Intersectoral Migration Committee as the body responsible for promoting sound, equitable, humane and lawful conditions for the migration of workers and their families and the establishment of the Migrant Information and Support Centre, by agreement with the International Organization for Migration, with the aim of providing information on work and services outside the country. The Committee also welcomed the country’s accession, among others to the Worst Forms of Child Labour Convention of the International Labour Organization.

Among the main subjects of concern, the Committee noted with concern that Colombia had not yet acceded to the International Labour Organization Migration for Employment Convention and Migrant Workers Convention, 1975. It also expressed its concern at the fact that the State party had still not acceded to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime. The Committee also regretted that civil society had not participated in the preparation of the State party’s report. The Committee noted that the Department of National Security had facilities where migrants in an irregular situation could be detained for up to 36 hours. However, the Committee was concerned at the absence, to date, of any special centres for receiving migrants, pending assessment of their situation.

Among its suggestions and recommendations, the Committee recommended that the State party made the provisions of the Convention widely known to both Colombian migrant workers abroad and foreign migrant workers residing or in transit in Colombia, as well as to communities as a whole, through, inter alia, long-term awareness-raising campaigns. The Committee noted with concern that, even though the children of all migrant workers, including those without documentation, might be registered with the Civil Registry, only children having at least one parent domiciled in Colombia were eligible for Colombian nationality. The Committee was particularly concerned about children who may become stateless. Thus, it recommended that, in accordance with Article 29 of the Convention, the State party ensured, both in law and in practice, the right of all children to have a name, to registration of their birth and to a nationality. The Committee also encouraged the State party to take the necessary steps to ensure that migrant workers and members of their families had the right to form associations and trade unions and to sit on their executive bodies in accordance with Article 40 of the Convention and with the provisions of the ILO Convention concerning Freedom of Association and Protection of the Right to Organise.

Having reviewed the initial report of the Philippines, the Committee noted with appreciation the State party’s commitment to migrant workers’ rights, as illustrated by the national constitutional, legislative, judicial, and administrative frameworks that included several institutional mechanisms. The Committee also appreciated that the State party considered the issue of migration as a priority in its domestic and foreign policy agenda. The Committee also noted with appreciation the active role that the Philippines was playing to promote the ratification of the Convention by countries of origin, transit and destination and welcomed the active role of the Philippines in regional efforts to combat trafficking in persons, especially within ASEAN.

The Committee acknowledged that the geography of the thousands of islands in the State party made it challenging to effectively monitor the movement of people and control borders to prevent irregular migration and to safeguard the rights of all migrant workers. The Committee noted with regret the scarce information concerning the number of Filipino migrants abroad, their skills and employment, accurate data on returnees, second and third generation Filipinos overseas, and the little information relating to foreign migrant workers in the State party. The Committee was also concerned about the documented cases where embassy and consulate personnel abroad had not properly assisted their nationals because the former had not been sufficiently aware of processes in the host country

Among its recommendations, the Committee urged the State party to continue its efforts to promote the enhancement and empowerment of migrant women facing situations of vulnerability by, among other measures, conducting a thorough assessment of the situation and taking concrete measures to address the feminization of migration comprehensively in its labour migration policies and carrying out gender training and sensitisation for government staff dealing with migration issues, in particular those providing legal and consular assistance to Filipino nationals abroad. The Committee was also concerned about the fact that restrictions existed on the exercise of foreign migrant workers lawfully residing in the Philippines to engage directly or indirectly in trade union activities. Thus, the Committee recommended that the State party took the necessary measures to guarantee to all migrant workers and members of their families lawfully residing within the Philippines the right to join, form and to form part of the leadership of associations and unions, in accordance with the Convention, as well as with ILO Convention 87. Further, while noting that the State party had increased the penalty for agencies with exorbitant placement fees, the Committee expressed concern at claims that private recruitment agencies continued to overcharge fees for their services. The Committee recommended that the State party reviewed the role of private recruitment agencies and strengthened the existing government-regulated licensing system for recruitment agencies, migration regulation and control mechanisms.

Members of the Committee

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

Mr. El-Jamri is the Chairperson. The Vice-Chairpersons are Mr. Brillantes, Ms. Dieguez Arévalo and Mr. Taghizade. The Rapporteur is Mr. Alba.


For use of the information media; not an official record

CMW09014E