COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS AND THEIR FAMILIES OPENS TWENTY-SECOND SESSION

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families this morning opened its twenty-second session, during which it will review the reports of Kyrgyzstan, Peru and Uganda on how they are fulfilling their obligations under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. During the morning meeting, the Committee heard an address from Ibrahim Salama, Director of the Human Rights Treaties Division at the Office of the High Commissioner for Human Rights. It also adopted its agenda, and heard from the Centre for Support of International Protection, a non-governmental organization from Kyrgyzstan.

In his address, Mr. Salama stated that efforts were being made to ensure that the rights of migrants were included in the post-2015 sustainable development agenda. The Secretary-General, the High Commissioner and the Special Rapporteur on the rights of migrant workers had made that issue a priority and frequently addressed the matter. Mr. Salama stressed that 2014 would be remembered as the year in which the intergovernmental treaty body strengthening exercise had come to a successful conclusion with the adoption of General Assembly resolution 68/268. The work had now turned to implementing the vision of the resolution. The Committee should continue to lead by example, including by offering the simplified reporting procedure and conducting largely paperless sessions.

Francisco Carrion Mena, Committee Chairperson, thanked Mr. Salama and all the members of their team for their support of the Committee.

Akylbek Tashbulatov, from the Centre for Support of International Protection, briefed about the difficulties faced by Kyrgyz migrant workers in Russia, which included the absence of legal advice, difficult conditions of detention and the lack of health care once they were in Russia.

When the Committee reconvenes at 3 p.m. this afternoon, it will start its consideration of the initial report of Kyrgyzstan (CMW/C/KGZ/1).

Opening Statement

IBRAHIM SALAMA, Director of the Human Rights Treaties Division, Office of the High Commissioner for Human Rights, said that earlier this month, the Italian authorities had rescued 1,500 migrants in one 24-hour period, and the total number of migrants and asylum seekers who had arrived to Italy by sea in 2014 stood at 170,000. The human rights challenges generated by such a vast flow of migrants were well known, and the High Commissioner viewed that issue as a priority. States, the High Commissioner said, had to act with full respect for the human rights of all, including migrants.

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provided a comprehensive framework of rights to be respected at all stages of the migration process. Its text was built on the rights set forth in the two international covenants, each of which would mark 50 years since their adoption in 2016. This year marked the twenty-fifth anniversary of the Convention.

Mr. Salama updated the Committee on developments in the United Nations system on the rights of migrant workers since the previous session. In resolution 69/167, the General Assembly had acknowledged the contribution of the Committee to the international system for the protection of migrants, and again called upon States to consider signing and ratifying or acceding to the Convention as a matter of priority. Resolution 69/229 on international migration and development recognized that migration was a multidimensional reality of major relevance for the development of the countries of origin, transit and destination.

In his Synthesis Report on the post-2015 agenda, the Secretary-General stressed that millions of people, including migrant workers, had been left behind in the wake of unfinished work of the Millennium Development Goals. Human development also meant respect for human rights, and the post-2015 agenda had to accommodate the voices of all persons, including migrants. The final phase of negotiations on that agenda was crucial to ensure that the goals, targets and indicators were closely aligned with the human rights norms. In addressing the Human Rights Council, the High Commissioner had continued to prioritise the issue of migration, stressing that human rights were not reserved for citizens or people with visas only. The Special Rapporteur on the human rights of migrants had also submitted his report to the General Assembly, advocating for the inclusion of the human rights of migrants in the post-2015 agenda.

Mr. Salama stressed that 2014 would be remembered as the year in which the intergovernmental treaty body strengthening exercise had come to a successful conclusion with the adoption of General Assembly resolution 68/268. The work had now turned to implementing the vision of the resolution. The end of 2014 had unfortunately seen a significant cut in OHCHR’s extra-budgetary resources, affecting all parts of the organization. Increased harmonization of working methods across treaty bodies was necessary, in order to make them more accessible to States and stakeholders. The Committee should continue to lead by example, including by offering the simplified reporting procedure and conducting largely paperless sessions. The implementation of resolution 68/268 involved tracking progress and OHCHR was already collecting data in that regard. The Office pledged its continued support to the promotion and protection of the human rights of migrant workers and the important work of the Committee.

Statement by the Chairperson

FRANCISCO CARRION MENA, Chairperson of the Committee, thanked Mr. Salama and all the members of their team for their support of the Committee.

The Committee proceeded to adopt the agenda and the programme of work.

Statement by a Non-Governmental Organization on Kyrgyzstan

AKYLBEK TASHBULATOV, Centre for Support of International Protection, said that his organization brought together 29 non-governmental organizations from Kyrgyzstan, Tajikistan and the Russian Federation. Kyrgyz law excluded the category of migrant workers who did not have a regulated status. The legal illiteracy of Kyrgyz migrants in Russia increased their vulnerability, and they were not aware of the possibility to apply for consular services. Most migrant workers from Kyrgyzstan arrived without health insurance and did not make payment for mandatory health insurance, and could consequently not receive medical services. The needs of female Kyrgyz migrant workers in the Russian Federation were not given needed attention. Voting rights of Kyrgyz migrants were also not fully respected, as they were often not allowed to register with consulates to vote. At the moment, the Parliament of Kyrgyzstan was considering disbanding the Ministry dealing with migration issues.

State programmes on pre-departure preparation of migrant workers should be created. A definitive norm of the law about external labour migration ought to be changed so that the term of a “migrant worker” would be created. Measures on legal assistance to persons in detention in accordance with the Vienna Convention should be strengthened, while those denied entry into Russia should be provided with information about reasons and the order of appeal. Attention needed to be focused on the efficient provision of rights stipulated by the host country legislation and international agreements, while cooperation with the media in the host country should be improved in order to reduce stigmatization of migrant workers and promote a tolerant attitude of the local population to migrant workers.

Discussion with Committee Members

An Expert said that Kyrgyzstan would soon enter the Euro-Asian Union, which would fully open the labour market to Kyrgyz nationals to Russia and other participating States. Could more information be provided about Kyrgyz migrant workers in other countries?

Another Expert wanted to know about the involvement of the Centre for Support of International Protection in the preparation of the State party report. Had any of its recommendations been adopted in the report?

Information was sought about statistics on Kyrgyz migrants held in detention in Russia or those deported from Russia. What consular services were provided to detained migrants or those facing deportation proceedings?

Mr. Tashbulatov responded that Kyrgyzstan was indeed in the process of integration in the Euro-Asian Union, but many of the existing problems would nonetheless remain. Conditions in Russian prison facilities were very bad, even worse than of those undergoing criminal proceedings.

The Centre had been in regular communication with the authorities, and results of its monitoring and research activities were constantly provided. Numerous issues, such as the absence of female representatives in Kyrgyz consulates in Russia, was repeatedly raised.

Detailed information on statistics could be provided subsequently. Many of the Kyrgyz citizens who had been blacklisted in Russia had been allowed to re-enter Russia, but there was no systematic cooperation in that regard, Mr. Tashbulatov explained.


For use of the information media; not an official record

CMW15/002E