COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS CONCLUDES FIFTH SESSION

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families today presented its concluding observations and recommendations on the initial report of Mexico, which it considered during this session, before concluding its week-long fifth session.

In its concluding observations on the report of Mexico, the Committee noted with satisfaction the existence of the Beta Migrant Protection Groups, with responsibility for protecting and counselling migrants on the country’s northern and southern borders. It remained concerned at the difficult detention conditions in certain centres, where cases of cruel and degrading treatment had been reported and overcrowding, lack of medical care and failure to notify consulates were commonplace. The Committee recommended that all workers have access to mechanisms for bringing complaints against employers and that all abuses, including ill-treatment, be investigated and punished.

Also during the session, the Committee held a discussion on follow-up to the High Level Dialogue on International Migration and Development, which was held this September in New York, and on treaty body reform. In addition, it devoted a meeting to discussion of ways and means to promote the Convention, and to review the status of reporting. At that meeting the Committee decided to have a day of general discussion on the topic, tentatively to be held during the Committee’s November session, and the secretariat was requested to provide an outline for its consideration. The Committee also decided to invite States parties to a meeting at the Committee’s sixth session, in April 2007, to discuss several issues.

At its last meeting, the Committee discussed the issue of the border wall that was being constructed by the United States along its southern border with Mexico. An Expert reiterated his suggestion that the Committee formulate a position on the issue of the border wall. Another Expert expressed the view that it was not for the Committee to make judgements on particular activities undertaken by States. The Chairperson recalled that the competence of the Committee was strictly with regard to State parties. With regard to other issues, it was noted that the Special Rapporteur on the human rights of migrants had the competence to address any issue with regard to migrants concerning United Nations Member States.

At its next session, to be held from 23 to 27 April 2007 in Geneva, the Committee will examine the initial report of Egypt.

Concluding Observations and Recommendations on Mexico

After considering the initial report of Mexico, the Committee noted with satisfaction the existence of the Beta Migrant Protection Groups, with responsibility for protecting and counselling migrants on the country’s northern and southern borders. It also noted with satisfaction the initiation of migration regularization programmes by the Government, with the aim of documenting thousands of illegal migrants. Furthermore, the Committee recognized the efforts made to extend voting rights for Mexican citizens residing abroad. Finally, the Committee welcomed the ratification of the following international instruments: the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants By Land, Air and Sea, supplementing the United Nations Convention against Transnational Organized Crime, in 2003; International Labour Organization (ILO) Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour, in 2000; the Optional Protocols to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and on the involvement of children in armed conflict, in 2002; and the Optional Protocol to the Convention against Torture, in 2005.

Among principal subjects of concern, the Committee noted Mexico’s reservation to article 22, paragraph 4, of the Convention, given the fact that article 33 of the Constitution stipulated that the Executive had exclusive authority to expel from the national territory, immediately and without a judicial hearing, any foreigner whose residence in Mexico it deemed undesirable. The Committee remained concerned at the difficult detention conditions in certain centres, where cases of cruel and degrading treatment had been reported and overcrowding, lack of medical care and failure to notify consulates were commonplace. The Committee was also concerned at the fact that premises designed for pre-trial detention were still being used as migrant holding centres. The Committee was further concerned at reports confirming the widespread use of ill-treatment, extortion and theft by State officials and private security personnel against migrant workers and their families, including children and women, particularly those who had no migration papers.

The Committee recommended that the State party take the necessary steps to improve the working conditions of seasonal agricultural workers by, for example, ensuring systematic monitoring by the Federal Labour Inspectorate of compliance with the standards governing the work of agricultural day labourers. It also recommended that all workers have access to mechanisms for bringing complaints against employers and that all abuses, including ill-treatment, be investigated and punished. The Committee urged the State party to finalize the amendment to the Criminal Code in order to define trafficking in persons as a criminal offence; that it step up its efforts to counter migrant-smuggling and trafficking in persons, especially women and children; and that it properly investigate complaints of involvement by State officials in such offences and duly prosecute and punish the culprits. The Committee recommended that Mexico pay particular attention to the vulnerable situation of migrant unaccompanied minors. In particular, it should strengthen its programmes for safe and orderly repatriation of unaccompanied minors on the southern and northern borders; provide specific training in children’s rights for State officials working in border areas who came into contact with unaccompanied minors; ensure that detention of migrant children and adolescents, accompanied or otherwise, was carried out in accordance with the law and used only as a last resort and for the shortest possible time; and strengthen its cooperation with civil society and international organizations in order to address the growing problem of unaccompanied minors.

Members of the Committee

The members of the Committee are Francisco Alba (Mexico); José Serrano Brillantes (Philippines); Francisco Carrion-Mena (Ecuador); Ana Elizabeth Cubias Medina (El Salvador); Anamaría Dieguez Arévalo (Guatemala); Ahmed Hassan El-Borai (Egypt); Abdelhamid El Jamari (Morocco); Prasad Kariyawasam (Sri Lanka); Mehmet Sevim (Turkey); and Azad Taghizade (Azerbaijan).

Mr. Kariyawasam is the Chairperson. The Vice-Chairpersons are Mr. Brillantes, Ms. Cubias Medina and Mr. El Jamri. The Rapporteur is Mr. Alba.