COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANT WORKERS CONCLUDES TWELFTH SESSION

The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families this afternoon concluded its twelfth session after issuing its concluding observations and recommendations on the initial report of Algeria.

In its concluding observations on the report of Algeria, the Committee was pleased to note that Algeria had harmonized its state laws with international treaties so that these treaties took precedence over national law. The Committee also applauded the State’s bilateral and multilateral agreements at the international and regional levels which promoted equitable and humane conditions on migration. The Committee expressed concerns about the lack of the State’s data collection on migrant workers, including with regard to the population of irregular workers. It also noted the absence of specific measures whereby migrant workers were made aware of their rights, and raised the issue of the lack of protection of victims of human trafficking and support services for those victims. Among its recommendations, the Committee suggested that the State strengthen and expand its training programmes for all officials working in the area of migration, including members of the judiciary and social workers and to ensure access by migrant workers to information about their rights under the Convention. It also recommended that Algeria take the necessary measures to establish a legal framework which regulated the expulsion/deportation procedures in accordance with articles 23 and 24 of the Convention.

In addition to considering Algeria’s report, the Committee discussed possible activities for the twentieth anniversary of the adoption of the International Convention on the Protection of All Migrant Workers and Members of Their Families. One suggestion made by the Chairperson of the Committee, Abdelhamid El Jamri, concerned the possibility of holding a joint event with the Office of the High Commissioner for Human Rights and organizing a day of general discussion and inviting States who had ratified the Convention to speak about their positive experiences in the ratification and implementation of the Convention. Representatives of non-governmental organizations also outlined ways in which they would mark the twentieth anniversary of the Convention.

This afternoon the Committee discussed its draft General Comment on migrant domestic workers. Committee members pointed out that there were a number of non-governmental organizations and civil society groups that had written reports on the topic and asked if these reports could be included or taken into account in the draft General Comment. Committee members found the reports of Amnesty International and Human Rights Watch to be particularly helpful and relevant to the topic of migrant domestic workers. The Chairperson noted that it was important to see that the efforts of civil society organizations and other Committee partners were headed in the same direction and that with the draft General Comment the Committee would attempt to integrate all the important aspects of these reports by non-governmental organizations.

The Committee adopted its annual report to the General Assembly and agreed to hold a day of general discussion on how States parties have benefited from the Convention at the next session. The Chairperson also asked Committee members to think about the Global Forum on Migration and Development to be held next year in Mexico and what the Committee could do to contribute to that meeting.

The next session of the Committee will be held from 22 November to 3 December 2010, when it is scheduled to consider the initial reports of Albania, Ecuador and Senegal.

Concluding Observations and Recommendations on Algeria

The Committee welcomed the constructive and fruitful dialogue initiated with the competent delegation. It recognized that migrant flows had changed considerably and become more complex in Algeria in the last few years, and that it had moved from a country of origin and had also become a country of transit and destination, with significant numbers of migrant workers in its territory. The Committee welcomed the recent establishment of the Consultative Council of National Community Abroad with the objective of allowing the State party to better take into account concerns of national communities living abroad. It also welcomed the suppression of exit visa, as stipulated in Law N°08-11 of 25 June 2008 concerning the conditions of entry, stay and circulation on migrants in Algeria. The Committee was pleased to note that Algeria had harmonized its national laws with international treaties so that these treaties took precedence over national law. The Committee also applauded the State’s bilateral and multilateral agreements at the international and regional level which helped to promote equitable and humane conditions on migration, as well as its suppression of exit visas concerning the conditions of entry, stay and circulation of migrants in Algeria. It also welcomed Algeria’s establishment of the Consultative Council of National Community Abroad which allowed the State party to better take into account the concerns of national communities abroad.

Among principal subjects of concern, the Committee took note of the lack of the State’s data collection and statistics on migrant flows, including with regard to the population of irregular workers. The Committee also noted the absence of specific measures whereby migrant workers were made aware of their rights. It pointed out that the lack of complaints on record with State organs regarding violations of the rights of migrant workers could be a reflection of the difficulties faced by migrant workers and members of their families, particularly those in an irregular situation. Another issue the Committee raised was the lack of protection of victims of human trafficking and support services for those victims. In addition, there were concerns expressed that the law governing the right to form trade unions was not in conformity with Article 40 of the Convention and it excluded migrants from forming such unions. The Committee considered of particular concern the situation of female migrant workers and children of migrant workers in an irregular situation. It was concerned that the right to appeal was not guaranteed in cases where expulsion orders were issued by walis (governors).

Among its recommendations, the Committee strongly encouraged the State party to improve its data collection with a view to assessing and monitoring the situation on migrant workers in Algeria, including those who were in an irregular situation. It suggested that the State strengthen and expand its training programmes for all officials working in the area of migration, including members of the judiciary and social workers and to ensure access by migrant workers to information about their rights under the Convention. The Committee urged the State party to ensure that migrant workers and members of their families, including those in an irregular situation, enjoyed the same rights as nationals of the State party, in law and in practice, to file complaints about violations of their human rights and hade access to redress mechanisms before the courts. The Committee also recommended that the State party amend its legislation governing the right to form trade unions to harmonize it with article 40 of the Convention as well as continue efforts to coordinate governmental offices working on migration in order to ensure their effectiveness. The Committee also suggested that the State party take the necessary measures to establish a legal framework which regulated the expulsion/deportation procedures in accordance with articles 23 and 24 of the Convention.

Members of the Committee

The members of the Committee are Francisco Alba (Mexico); José Serrano Brillantes (Philippines); Francisco Carrion Mena (Ecuador); Ana Elizabeth Cubías Medina (El Salvador); Fatoumata Abdourhamana Dicko (Mali); Ahmed Hassan El-Borai (Egypt); Abdelhamid El Jamri (Morocco); Miguel Angel Ibarra Gonzalez (Guatemala); Prasad Kariyawasam (Sri Lanka); Andrea Miller-Stennett (Jamaica); Myriam Poussi Konsimbo (Burkina Faso); Mehmet Sevim (Turkey); and Azad Taghizade (Azerbaijan); Ahmadou Tall (Senegal).

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


For use of the information media; not an official record

CMW10/005E