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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION HOLDS THEMATIC DISCUSSION ON NON-CITIZENS AND DISCRIMINATION
02 March 2004
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Committee on the Elimination
of Racial Discrimination
2 March 2004
Decides to Establish Working Group to Draft New General
Comment on Non-Citizens
The Committee on the Elimination of Racial Discrimination held over two days a thematic discussion on the issue of non-citizens and racial discrimination during which Committee Experts exchanged views with representatives of States parties, non-governmental organizations and United Nations agencies.
The debate was held within the framework of the Committee's intention to draft a revised version of its general comment on non-citizens. The Chairperson of the Committee, Mario Jorge Yutzis, said the aim of the general discussion was to raise awareness of the situation of non-citizens and to find solutions to the daily problems that these people faced.
At the end of the debate, the Committee decided to create an open-ended Working Group to draft a revised general comment on non-citizens. Committee Expert Morten Kjaerum was designated to serve as coordinator and rapporteur to this Working Group.
David Weissbrodt, Special Rapporteur on the rights of non-citizens of the Sub-Commission on the Promotion and Protection of Human Rights, said there was still a very substantial gap between the legal principles and the actual situation facing non-citizens in many parts of the world. Mr. Weissbrodt expressed hope that the Committee would be motivated to draft a revised and updated general comment on the rights of non-citizens as a result of the information received in the course of the discussion.
Doudou Diène, the Special Rapporteur on racism of the Commission on Human Rights, stated that discrimination against non-citizens was a new type of discrimination and was connected to discrimination against refugees and immigrants. Non-citizens were extremely vulnerable in terms of exercising their rights and receiving social protection, including the right to health. In general, there had been a narrowing of their protection. He said that very few countries were able to accept non-citizens as members of their own culture and added that non-citizens were viewed as dangerous figures in many countries.
Gabriela Rodriguez Pizarro, the Commission's Special Rapporteur on the human rights of migrants, said she had paid special attention to the situation of migrants in political detention and isolation, including migrant children, overcrowded prisons, and the lack of education. The Rapporteur expressed serious concern over the allegations made by some media and in political speeches linking rising immigration statistics with rising crime rates. These xenophobic arguments, she said, fostered further racist discrimination. She emphasized the need for treaty bodies to set up criteria to protect the rights of non-citizens.
Several participants in the debate suggested that the Committee offer a definition of the term "non-citizens" to avoid misconceptions related to different usages of the term citizens. Some noted that the particular vulnerabilities of non-citizens were compounded by the fact that many were also racial or ethnic minorities. Most speakers emphasized the urgent need to ensure that all non-citizens, migrants and minorities enjoyed basic human rights, including, the right to life, education, freedom of expression, religion and justice.
Many of those participating shared their own personal testimonies and struggles in the context of discrimination. Roy Clark reported that he had been deported from Zambia earlier this year despite his permanent residency in the country for nearly 40 years. The Government, he said, had deported him for publishing an article critical of its members. K'Nyaw Paw Naw of the OSI Burma Project said she had grown up in a refugee camp on the Thai side of the Thai-Burma border after her parents had fled Burma due to human rights abuses they faced in the country. She said she was a stateless person and was not allowed to travel outside of the camps as a result of the Thai Government's official orders.
Other testimonies came from representatives of minority groups who had been discriminated against in their own countries. Among these were those representing Meskhetian Turks in Russia, Dominican-Haitians, European Roma and minority groups in Mexico and Northern Ireland.
A representative of the International Labour Organization said this discussion reflected a challenge and opportunity of historical proportion before the Committee. He expressed his view that a new general comment regarding non-nationals by the Committee would be an important, timely and extremely relevant contribution in this context as well as others of direct pertinence to the work of the Committee.
The Committee will reconvene at 3 p.m. this afternoon to consider the fifteenth to seventeenth periodic reports of Libya (CERD/C/431/Add.5).
Discussion
MARIO JORGE YUTZIS, Chairperson of the Committee, said in a brief statement that the aim of this general discussion was to raise awareness of the situation of non-citizens and to find solutions to the daily problems that these people faced.
DAVID WEISSBRODT, Special Rapporteur on the rights of non-citizens of the Sub-Commission on the Promotion and Protection of Human Rights, whose mandate was approved by the Commission on Human Rights and the Economic and Social Council in 2000, said he had produced three reports in 2001, 2002 and 2003. The principal objective was to gather all the diverse sources of international law protecting the rights of non-citizens. International human rights law advocated the equal treatment of citizens and non-citizens yet there was still a very substantial gap between the legal principles and the actual situation facing non-citizens in many parts of the world. The Rapporteur said if he had to select a single source of jurisprudence relating to the rights of non-citizens of which the Committee should and has taken into account, it would be the Human Rights Committee's general comment 15 of 1986 which provided an inclusive list of the rights of non-citizens. Mr. Weissbrodt expressed hope that the Committee would be motivated to draft a revised and updated general comment on the rights of non-citizens as a result of the information received in the course of the discussion. He urged that the Committee be particularly attentive to achieving an inclusive and comprehensive approach to the rights of non-citizens.
DOUDOU DIÈNE, Special Rapporteur of the Commission on Human Rights on racism, stated that discrimination against non-citizens was a new type of discrimination and was connected to discrimination against refugees and immigrants. Non-citizens were extremely vulnerable in terms of exercising their rights and receiving social protection including the right to health and, in general, there had been a narrowing of their protection. Mr. Diène cited the example of new move in France to limit health care for non-citizens. He mentioned that the issue of the non-citizen was not simply a legal one but a question of cultural identity. Very few countries were able to accept non-citizens as members of their own culture. He added that non-citizens were viewed as dangerous figures in many countries and how important it was to draw up new mechanisms so that these issues could be taken into account.
GABRIELA RODRIGUEZ PIZARRO, Special Rapporteur of the Commission on the human rights of migrants, said she was appointed to her current post in 1999 and in that capacity had been organizing training sessions and conducting investigations with the aim of protecting migrants. Ms. Rodriguez Pizarro said she had paid special attention to the situation of migrants in political detention and isolation, including migrant children, overcrowded prisons, and the lack of education. She mentioned that her report next month would address labour issues and migrants. Nearly all of the allegations she has received dealt with racial discrimination against migrants. The Rapporteur expressed serious concern over the allegations made by some media and in political speeches linking rising immigration statistics with rising crime rates. These xenophobic arguments, she said, fostered further racist discrimination. She emphasized the need for treaty bodies to set up criteria to protect the rights of non-citizens.
CRISTOPH BIERWIRTH, of the High Commissioner for Refugees, suggested that the Committee offer a definition of the term "non-citizens" to avoid misconceptions related to different usages of the term citizens, particularly in the Latin American context. He added that proper differentiation between racial discrimination and legitimate distinction between citizens and non-citizens was the key challenge to be addressed. In the context of social rights, Mr. Bierwirth recommended that the Committee provide guidance on intra-governmental confidentiality rules and other measures, in order to ensure that non-citizens felt able to approach, for instance, health or educational facilities.
JAMES GOLDSTON, of the Open Society Justice Initiative, highlighted two points: the connection between racial discrimination and discrimination based on citizenship status; and the growing problem of racial discrimination in access to citizenship and statelessness. He noted that the particular vulnerabilities of non-citizens were compounded by the fact that many were also racial or ethnic minorities. Another issue concerned manifestations of racial discrimination in the granting and deprivation of citizenship which often resulted in statelessness for racial and ethnic minorities. Among his organization's proposals was for the general comment to reaffirm that non-citizens enjoyed full and equal rights under the Convention to protection against racial discrimination.
AKHMED MAZMANOV, of the International Society of Meskhetian Turks ("Vatan"), briefed the Committee about the general situation of the persecuted Meskhetian Turks in Krasnodar Krai, a southern region in Russia. He drew attention to certain key issues, among them, formal status and citizenship, police harassment, deportation, employment and occupation, mob violence and the pressure upon local NGOs.
YURI DZHIBLADZE, of the Center for Development of Democracy and Human Rights, continued the discussion on Meskhetian Turks by stating that this ethnic minority had been singled out for harsh treatment. He called on the Committee to continue to examine the situation of discrimination against Turks and to adopt a decision expressing serious concern to the Russian Government and other human rights bodies dealing with the concerned question. He expressed further concern that there had been no positive shifts in Russia with regard to discrimination against Meskhetian Turks who were unable to apply for citizenship.
SONIA PIERRE, of the Women's Movement of Dominican-Haitians, briefed the Committee on the plight of Dominican-Haitians who had no rights to education, health and certain basic benefits in civil society. She stated that the situation with regard to this minority group was worsening and that among the topics of special concern was access to HIV/AIDS treatment.
ABBAS SHIBBLAK, of Oxford University's Refugee Studies Centre, said he had recently completed an overall study of refugees in the Arab region where some of the largest concentrations of refugees were located. He singled out the Palestinian refugees who were stateless, mostly as a result of the armed conflict. Mr. Shibblak highlighted the causes which contributed to this situation, among them was the fact that many of the laws in the region were out of date and not up to the standards of current international human rights law.
SERGIO CERDA (Argentina) questioned the link between migrant workers and domestic policies in Latin America. He mentioned that Argentina was very close to signing the International Convention on Protection of the Rights of Migrant Workers and Members of Their Families which was closely linked to the issue of non-citizens.
MORTEN SKOVGAARD HANSEN (Denmark) indicated that Danish policies were made up of legislative and non-legislative measures to promote equality of treatment between citizens and non-citizens. He also presented to the Committee a document concerning the economic and social situation of non-citizens in Denmark.
CORDULA DROEGE, of the International Commission of Jurists, speaking on behalf of a number of other non-governmental organizations, said there was considerable discrepancy between the situation of citizens and non-citizens and that several legal measures had had negative effects on non-citizens. She recalled the statement by the Special Rapporteur on racism, Mr. Diène, who reaffirmed that non-citizens were extremely vulnerable. Ms. Droege stressed the distinctions of discrimination on religion, administration of justice and non-refoulment. Asylum seekers should not be returned to countries where their lives might be at risk. There were specific risks for migrant workers, stateless persons, refugees and asylum seekers. Primary consideration, she said, should be given to non-citizen women and children.
PIA OBEROI, of Amnesty International, said there was a pressing need for the Committee to issue a revised general comment on non-citizens which should incorporate language adequately reflecting the situation of non-citizen women and children. The general comment, she added, should recognize the fundamental rights of all non-citizens and state that they should not be deported to a country where they may be subject to persecution.
GENEVIEVE GENCIANOS, of Migrants Rights International, said migrants, due to their status as non-citizens in their host countries, were subject to racial discrimination, including in the workplace and in living conditions. Migrants were used as scapegoats for societal ills. They were negatively stereotyped and unjustifiable linked with illegality and criminality. Migrants Rights International invited the Committee to look at measures and policies that States had undertaken in view of their commitment to the Durban Declaration and Programme of Action of the 2001 World Conference Against Racism.
KARL GRUNBERG, of the Association Against Racism ACOR-SOS Racisme Suisse, noted two important laws being implemented in Switzerland dealing with non-citizens. He mentioned that the Swiss Government had submitted a draft resolution to Parliament which would deprive non-Europeans of applying for a residence permit. He called for action and support to reverse these and similar legal measures.
TATJANA ZHDANOK, Co-Chairperson of the Latvian Human Rights Committee, stated that presently there were about half a million people in Latvia, or 20 % of the population, who held the status of non-citizens. Latvian non-citizens were deprived of the right to participate not only in parliament but also in local elections. Among its recommendations, the Latvian Human Rights Committee called for the right for Latvian non-citizens to have the right to vote and for Latvia to provide in its national legislation the possibility of naturalization for all persons lawfully and habitually resident on its territory.
VADIM POLETSUK (Estonia) said that according to the national census, 20 per cent of persons living in Estonia were non-citizens, most of whom were of Russian origin. Citizens and non-citizens had the same rights although non-citizens accounted for twice as many unemployed people in-country compared to citizens; this was largely as a result of the language barrier. Estonia had recently introduced a simplified procedure of naturalization for certain categories of aliens, for example, for some disabled persons or stateless children under 15 years of age.
JEAN-PASCALE OBEMBO, of the Anti-Racism Information Service (AIRS), said it was essential to define who non-citizens were. He recalled that new anti-terrorism legislation/measures in most countries were focused on freedom of movement with devastating effect on non-citizens.
MARIANA SALAZAR, of the International Federation for Human Rights (FIDH), reiterated that non-citizens were among the most vulnerable in a population and were most susceptible to human rights violations. They were often deprived of many of the economic and social rights and health care and education opportunities. She made a recommendation that the definition of non-citizens be amended to provide distinction between their different categories and to condemn any discriminatory acts perpetrated against them.
CLAUDE KAAN, of the European Roma Rights Center (ERRC), said a new corpus of European Union rules, coming into effect now, had left individuals dangerously exposed to arbitrary treatment on grounds of nationality and/or status of non-citizens. This void in law, he said, had left non-citizens and others more exposed to discrimination. The ERRC was concerned about the impact of these developments on Roma in Europe and had provided a number of publications documenting issues related to human rights abuse of Romani non-citizens.
CLIVE BALDWIN of Minority Rights Group, expressed concerns from non-citizens belonging to minority groups which his organization represented; they included non-citizens in Fiji, the Dominican Republic and Kenya. He recalled that the issue of citizenship had become a central focus for several human rights groups in Africa and spoke of land rights in particular.
MARTA VILLAREAL, of Sin Fronteras-Mexico, highlighted the fact that the issue of freedom was not given the importance it deserved when it came to non-citizens. Unlike Mexican nationals, non-citizens in Mexico had to fight for their freedom in unfair and unequal conditions and their right to freedom was subordinate to Mexico's unclear migratory laws and policies. Being a migrant with irregular status in Mexico constituted a crime. Ms. Villareal referred to unfair discrimination by law, the right for non-citizens to work and access to justice.
ROY CLARK spoke about his own personal situation in which he was deported from Zambia earlier this year despite his permanent residency in the country for nearly 40 years. The Government had deported him for publishing an article critical of its members. However, the Minister's decision was under judicial review. His lawyer, Chaloka Beyani, provided insight on the general situation of deportation in Zambia and said that this case followed a pattern of a series of such cases exercised by the Zambian Government since 1994.
MERRILYN ONISKO, of the Palestinian Human Rights Organization, stated that Palestinian refugees in Lebanon had been deprived of human and civil rights and that Lebanon had been discriminating against them in every aspect of life. Lebanese discrimination affected Palestinian refugees with regard to the right to own property, the right to work, the right to health care, the right to freedom of movement and the right to nationality. She asked the Committee to urge the Lebanese Government to reverse these policies.
KHARA NANDA TIMSANA, of the Centre for Protection of Minorities and Against Racism and Discrimination in Bhutan, said that although he is Bhutanese, he has been living in Nepal since the early 1990's along with several thousand others who were deported by the Bhutanese Government. The Bhutanese Citizenship Act of 1985 made it more difficult for ethnic Nepalese to gain Bhutanese citizenship. He said for reasons such as land ownership, the Bhutanese Government had deported thousands, and imprisoned and tortured many others.
GAVKAR DZHURAEVA, of the Tajikistan Foundation, said that in Central Asia, many conflicts which took place in the 1990s had resulted in a high number of internally displaced persons. The conflict in Tajikistan, as was known, had resulted in many deaths and many persons became refugees. Only a few of the 300,000 Tajiks who were now refugees in the Russian Federation had been able to gain refugee status. For the rest, they were not considered as refugees but as illegal immigrants.
PATRICK YU, of the Northern Ireland Council for Ethnic Minorities, reported on cases of racial harassment in the workplace and violence perpetrated against migrants in Northern Ireland. He cited examples of South African woman and Chinese immigrants who had been physically assaulted. Mr. Yu made several recommendations to the Committee to take measures to improve the situation for non-citizens in Northern Ireland.
K'NYAW PAW NAW, of the OSI Burma Project, said she had grown up in a refugee camp on the Thai side of the Thai-Burma border after her parents had fled Burma due to the human rights abuses that they had faced in the country. She said she was a stateless person and was not allowed to travel outside of the camps as a result of the Thai Government's official orders. As a result, she said there was no access to higher education or to legal help. She called on the Committee to help launch an in-depth study into the actions carried out by the Thai Government and urged the Government to recognize children born of refugee migrant workers born in Thailand as rightful citizens.
ERASMO MARTINEZ (Mexico) noted the statement made by the representative of Sin Fronteras and said his delegation would be submitting a response to that declaration in due course. He reaffirmed that Mexico was committed to improving the situation of human rights in the country.
PATRICK TARAN, of the International Labour Organization, said this discussion reflected a challenge and opportunity of historical proportion before the Committee. Of the 175 million people living outside their country of origin or citizenship, 86.3 million were economically active. In industrialized and some developing countries, growth of dual labour markets and demographic trends combined to expand demands for cheap labour that national workers were unavailable for. This exposed non-national workers to unconscionable violations of rights and dignity without recourse to legal protection or effective remedies. The ILO had long emphasized the need to mobilize the entirety of its standard-setting, technical cooperation and research in all its areas of competence to address persons with special needs, including non-national migrant workers. Mr. Taran expressed his view that a new general comment regarding non-nationals by the Committee would be an important, timely and extremely relevant contribution in this context as well as others of direct pertinence to application of the Committee.
Following the declarations made by the list of speakers, Committee Experts shared their comments on the debate. Several Experts expressed the view that political parties and the media were at the forefront of molding public opinion and were in a position to remedy the situation. Others welcomed the general comments made on migrant workers and emphasized the importance of ratifying the Migrant Workers Convention to help address the problem of non-citizens.
Committee Experts expressed the need to devise a broad-based and appropriate definition of the term non-citizen within the parameters of international human rights law. Many Experts drew attention to the restrictions which applied to foreigners and non-citizens in general. These restrictions include the denial of the right to have a religion, to own property and the right to education. It was expressed that States should not establish any differences between any type of citizen. An Expert raised the point that international law admitted certain exceptions with regard to foreigners and that migrants who did not have papers were often denied fundamental human rights, were tortured, treated as common criminals and denied access to fair trial.
An Expert suggested that, in view of the proposal to draft a new general comment, chapters on combating acts leading to racial hatred, detention, administrative justice, expulsion, a specific view to post September 11, and on slavery, should be included. Immigrant and stateless women and children should also be addressed when considering a general comment.
A Committee Expert suggested that non-citizens be classified into two categories: stateless migrant workers and non-citizens without any papers. With concern to this latter category, the Expert said these people were treated inhumanely.
An Expert said that the issue of non-citizens was at the heart of any fundamental national debate on sovereignty and that most national legislations distinguished between foreigners whose situation was regular and those whose situation was irregular; i.e. non-citizens. The need to prevent the spreading of discriminatory or racist views through the media and in politics was echoed by most Experts.
Among the other issues raised by Committee Experts was that of the administration of justice. Experts agreed that this was an important issue because non-citizens were often discriminated against by having no access to justice. An Expert made the recommendation that there should be enhanced training for judicial and penal authorities and that non-citizens should be better informed of their rights. Compensation to victims was also raised as an important issue.
An Expert stated that non-citizens often resorted to being assisted by human traffickers to escape their oppressive situations. In many cases this resulted in them becoming enslaved. This was the result of an unjust economic system which was the root cause of this situation and not so much the traffickers themselves, he said.
An Expert expressed the important role the Committee played to focus more attention on the situation of non-citizens and in particular non-discrimination when dealing with their civil and political rights, and economic and social rights. Other Experts underlined the need to guarantee basic human rights to non-citizens, including the right to life, equal right to employment and political rights.
A Committee Expert made the point that there was a rift between the north and south concerning levels of poverty which was very pertinent to the issue of non-nationals. She added that there were more cases of torture and murder, cultures were increasingly not valued and, in general, the situation was worse now than it was 10 years ago.
* *** *
of Racial Discrimination
2 March 2004
Decides to Establish Working Group to Draft New General
Comment on Non-Citizens
The Committee on the Elimination of Racial Discrimination held over two days a thematic discussion on the issue of non-citizens and racial discrimination during which Committee Experts exchanged views with representatives of States parties, non-governmental organizations and United Nations agencies.
The debate was held within the framework of the Committee's intention to draft a revised version of its general comment on non-citizens. The Chairperson of the Committee, Mario Jorge Yutzis, said the aim of the general discussion was to raise awareness of the situation of non-citizens and to find solutions to the daily problems that these people faced.
At the end of the debate, the Committee decided to create an open-ended Working Group to draft a revised general comment on non-citizens. Committee Expert Morten Kjaerum was designated to serve as coordinator and rapporteur to this Working Group.
David Weissbrodt, Special Rapporteur on the rights of non-citizens of the Sub-Commission on the Promotion and Protection of Human Rights, said there was still a very substantial gap between the legal principles and the actual situation facing non-citizens in many parts of the world. Mr. Weissbrodt expressed hope that the Committee would be motivated to draft a revised and updated general comment on the rights of non-citizens as a result of the information received in the course of the discussion.
Doudou Diène, the Special Rapporteur on racism of the Commission on Human Rights, stated that discrimination against non-citizens was a new type of discrimination and was connected to discrimination against refugees and immigrants. Non-citizens were extremely vulnerable in terms of exercising their rights and receiving social protection, including the right to health. In general, there had been a narrowing of their protection. He said that very few countries were able to accept non-citizens as members of their own culture and added that non-citizens were viewed as dangerous figures in many countries.
Gabriela Rodriguez Pizarro, the Commission's Special Rapporteur on the human rights of migrants, said she had paid special attention to the situation of migrants in political detention and isolation, including migrant children, overcrowded prisons, and the lack of education. The Rapporteur expressed serious concern over the allegations made by some media and in political speeches linking rising immigration statistics with rising crime rates. These xenophobic arguments, she said, fostered further racist discrimination. She emphasized the need for treaty bodies to set up criteria to protect the rights of non-citizens.
Several participants in the debate suggested that the Committee offer a definition of the term "non-citizens" to avoid misconceptions related to different usages of the term citizens. Some noted that the particular vulnerabilities of non-citizens were compounded by the fact that many were also racial or ethnic minorities. Most speakers emphasized the urgent need to ensure that all non-citizens, migrants and minorities enjoyed basic human rights, including, the right to life, education, freedom of expression, religion and justice.
Many of those participating shared their own personal testimonies and struggles in the context of discrimination. Roy Clark reported that he had been deported from Zambia earlier this year despite his permanent residency in the country for nearly 40 years. The Government, he said, had deported him for publishing an article critical of its members. K'Nyaw Paw Naw of the OSI Burma Project said she had grown up in a refugee camp on the Thai side of the Thai-Burma border after her parents had fled Burma due to human rights abuses they faced in the country. She said she was a stateless person and was not allowed to travel outside of the camps as a result of the Thai Government's official orders.
Other testimonies came from representatives of minority groups who had been discriminated against in their own countries. Among these were those representing Meskhetian Turks in Russia, Dominican-Haitians, European Roma and minority groups in Mexico and Northern Ireland.
A representative of the International Labour Organization said this discussion reflected a challenge and opportunity of historical proportion before the Committee. He expressed his view that a new general comment regarding non-nationals by the Committee would be an important, timely and extremely relevant contribution in this context as well as others of direct pertinence to the work of the Committee.
The Committee will reconvene at 3 p.m. this afternoon to consider the fifteenth to seventeenth periodic reports of Libya (CERD/C/431/Add.5).
Discussion
MARIO JORGE YUTZIS, Chairperson of the Committee, said in a brief statement that the aim of this general discussion was to raise awareness of the situation of non-citizens and to find solutions to the daily problems that these people faced.
DAVID WEISSBRODT, Special Rapporteur on the rights of non-citizens of the Sub-Commission on the Promotion and Protection of Human Rights, whose mandate was approved by the Commission on Human Rights and the Economic and Social Council in 2000, said he had produced three reports in 2001, 2002 and 2003. The principal objective was to gather all the diverse sources of international law protecting the rights of non-citizens. International human rights law advocated the equal treatment of citizens and non-citizens yet there was still a very substantial gap between the legal principles and the actual situation facing non-citizens in many parts of the world. The Rapporteur said if he had to select a single source of jurisprudence relating to the rights of non-citizens of which the Committee should and has taken into account, it would be the Human Rights Committee's general comment 15 of 1986 which provided an inclusive list of the rights of non-citizens. Mr. Weissbrodt expressed hope that the Committee would be motivated to draft a revised and updated general comment on the rights of non-citizens as a result of the information received in the course of the discussion. He urged that the Committee be particularly attentive to achieving an inclusive and comprehensive approach to the rights of non-citizens.
DOUDOU DIÈNE, Special Rapporteur of the Commission on Human Rights on racism, stated that discrimination against non-citizens was a new type of discrimination and was connected to discrimination against refugees and immigrants. Non-citizens were extremely vulnerable in terms of exercising their rights and receiving social protection including the right to health and, in general, there had been a narrowing of their protection. Mr. Diène cited the example of new move in France to limit health care for non-citizens. He mentioned that the issue of the non-citizen was not simply a legal one but a question of cultural identity. Very few countries were able to accept non-citizens as members of their own culture. He added that non-citizens were viewed as dangerous figures in many countries and how important it was to draw up new mechanisms so that these issues could be taken into account.
GABRIELA RODRIGUEZ PIZARRO, Special Rapporteur of the Commission on the human rights of migrants, said she was appointed to her current post in 1999 and in that capacity had been organizing training sessions and conducting investigations with the aim of protecting migrants. Ms. Rodriguez Pizarro said she had paid special attention to the situation of migrants in political detention and isolation, including migrant children, overcrowded prisons, and the lack of education. She mentioned that her report next month would address labour issues and migrants. Nearly all of the allegations she has received dealt with racial discrimination against migrants. The Rapporteur expressed serious concern over the allegations made by some media and in political speeches linking rising immigration statistics with rising crime rates. These xenophobic arguments, she said, fostered further racist discrimination. She emphasized the need for treaty bodies to set up criteria to protect the rights of non-citizens.
CRISTOPH BIERWIRTH, of the High Commissioner for Refugees, suggested that the Committee offer a definition of the term "non-citizens" to avoid misconceptions related to different usages of the term citizens, particularly in the Latin American context. He added that proper differentiation between racial discrimination and legitimate distinction between citizens and non-citizens was the key challenge to be addressed. In the context of social rights, Mr. Bierwirth recommended that the Committee provide guidance on intra-governmental confidentiality rules and other measures, in order to ensure that non-citizens felt able to approach, for instance, health or educational facilities.
JAMES GOLDSTON, of the Open Society Justice Initiative, highlighted two points: the connection between racial discrimination and discrimination based on citizenship status; and the growing problem of racial discrimination in access to citizenship and statelessness. He noted that the particular vulnerabilities of non-citizens were compounded by the fact that many were also racial or ethnic minorities. Another issue concerned manifestations of racial discrimination in the granting and deprivation of citizenship which often resulted in statelessness for racial and ethnic minorities. Among his organization's proposals was for the general comment to reaffirm that non-citizens enjoyed full and equal rights under the Convention to protection against racial discrimination.
AKHMED MAZMANOV, of the International Society of Meskhetian Turks ("Vatan"), briefed the Committee about the general situation of the persecuted Meskhetian Turks in Krasnodar Krai, a southern region in Russia. He drew attention to certain key issues, among them, formal status and citizenship, police harassment, deportation, employment and occupation, mob violence and the pressure upon local NGOs.
YURI DZHIBLADZE, of the Center for Development of Democracy and Human Rights, continued the discussion on Meskhetian Turks by stating that this ethnic minority had been singled out for harsh treatment. He called on the Committee to continue to examine the situation of discrimination against Turks and to adopt a decision expressing serious concern to the Russian Government and other human rights bodies dealing with the concerned question. He expressed further concern that there had been no positive shifts in Russia with regard to discrimination against Meskhetian Turks who were unable to apply for citizenship.
SONIA PIERRE, of the Women's Movement of Dominican-Haitians, briefed the Committee on the plight of Dominican-Haitians who had no rights to education, health and certain basic benefits in civil society. She stated that the situation with regard to this minority group was worsening and that among the topics of special concern was access to HIV/AIDS treatment.
ABBAS SHIBBLAK, of Oxford University's Refugee Studies Centre, said he had recently completed an overall study of refugees in the Arab region where some of the largest concentrations of refugees were located. He singled out the Palestinian refugees who were stateless, mostly as a result of the armed conflict. Mr. Shibblak highlighted the causes which contributed to this situation, among them was the fact that many of the laws in the region were out of date and not up to the standards of current international human rights law.
SERGIO CERDA (Argentina) questioned the link between migrant workers and domestic policies in Latin America. He mentioned that Argentina was very close to signing the International Convention on Protection of the Rights of Migrant Workers and Members of Their Families which was closely linked to the issue of non-citizens.
MORTEN SKOVGAARD HANSEN (Denmark) indicated that Danish policies were made up of legislative and non-legislative measures to promote equality of treatment between citizens and non-citizens. He also presented to the Committee a document concerning the economic and social situation of non-citizens in Denmark.
CORDULA DROEGE, of the International Commission of Jurists, speaking on behalf of a number of other non-governmental organizations, said there was considerable discrepancy between the situation of citizens and non-citizens and that several legal measures had had negative effects on non-citizens. She recalled the statement by the Special Rapporteur on racism, Mr. Diène, who reaffirmed that non-citizens were extremely vulnerable. Ms. Droege stressed the distinctions of discrimination on religion, administration of justice and non-refoulment. Asylum seekers should not be returned to countries where their lives might be at risk. There were specific risks for migrant workers, stateless persons, refugees and asylum seekers. Primary consideration, she said, should be given to non-citizen women and children.
PIA OBEROI, of Amnesty International, said there was a pressing need for the Committee to issue a revised general comment on non-citizens which should incorporate language adequately reflecting the situation of non-citizen women and children. The general comment, she added, should recognize the fundamental rights of all non-citizens and state that they should not be deported to a country where they may be subject to persecution.
GENEVIEVE GENCIANOS, of Migrants Rights International, said migrants, due to their status as non-citizens in their host countries, were subject to racial discrimination, including in the workplace and in living conditions. Migrants were used as scapegoats for societal ills. They were negatively stereotyped and unjustifiable linked with illegality and criminality. Migrants Rights International invited the Committee to look at measures and policies that States had undertaken in view of their commitment to the Durban Declaration and Programme of Action of the 2001 World Conference Against Racism.
KARL GRUNBERG, of the Association Against Racism ACOR-SOS Racisme Suisse, noted two important laws being implemented in Switzerland dealing with non-citizens. He mentioned that the Swiss Government had submitted a draft resolution to Parliament which would deprive non-Europeans of applying for a residence permit. He called for action and support to reverse these and similar legal measures.
TATJANA ZHDANOK, Co-Chairperson of the Latvian Human Rights Committee, stated that presently there were about half a million people in Latvia, or 20 % of the population, who held the status of non-citizens. Latvian non-citizens were deprived of the right to participate not only in parliament but also in local elections. Among its recommendations, the Latvian Human Rights Committee called for the right for Latvian non-citizens to have the right to vote and for Latvia to provide in its national legislation the possibility of naturalization for all persons lawfully and habitually resident on its territory.
VADIM POLETSUK (Estonia) said that according to the national census, 20 per cent of persons living in Estonia were non-citizens, most of whom were of Russian origin. Citizens and non-citizens had the same rights although non-citizens accounted for twice as many unemployed people in-country compared to citizens; this was largely as a result of the language barrier. Estonia had recently introduced a simplified procedure of naturalization for certain categories of aliens, for example, for some disabled persons or stateless children under 15 years of age.
JEAN-PASCALE OBEMBO, of the Anti-Racism Information Service (AIRS), said it was essential to define who non-citizens were. He recalled that new anti-terrorism legislation/measures in most countries were focused on freedom of movement with devastating effect on non-citizens.
MARIANA SALAZAR, of the International Federation for Human Rights (FIDH), reiterated that non-citizens were among the most vulnerable in a population and were most susceptible to human rights violations. They were often deprived of many of the economic and social rights and health care and education opportunities. She made a recommendation that the definition of non-citizens be amended to provide distinction between their different categories and to condemn any discriminatory acts perpetrated against them.
CLAUDE KAAN, of the European Roma Rights Center (ERRC), said a new corpus of European Union rules, coming into effect now, had left individuals dangerously exposed to arbitrary treatment on grounds of nationality and/or status of non-citizens. This void in law, he said, had left non-citizens and others more exposed to discrimination. The ERRC was concerned about the impact of these developments on Roma in Europe and had provided a number of publications documenting issues related to human rights abuse of Romani non-citizens.
CLIVE BALDWIN of Minority Rights Group, expressed concerns from non-citizens belonging to minority groups which his organization represented; they included non-citizens in Fiji, the Dominican Republic and Kenya. He recalled that the issue of citizenship had become a central focus for several human rights groups in Africa and spoke of land rights in particular.
MARTA VILLAREAL, of Sin Fronteras-Mexico, highlighted the fact that the issue of freedom was not given the importance it deserved when it came to non-citizens. Unlike Mexican nationals, non-citizens in Mexico had to fight for their freedom in unfair and unequal conditions and their right to freedom was subordinate to Mexico's unclear migratory laws and policies. Being a migrant with irregular status in Mexico constituted a crime. Ms. Villareal referred to unfair discrimination by law, the right for non-citizens to work and access to justice.
ROY CLARK spoke about his own personal situation in which he was deported from Zambia earlier this year despite his permanent residency in the country for nearly 40 years. The Government had deported him for publishing an article critical of its members. However, the Minister's decision was under judicial review. His lawyer, Chaloka Beyani, provided insight on the general situation of deportation in Zambia and said that this case followed a pattern of a series of such cases exercised by the Zambian Government since 1994.
MERRILYN ONISKO, of the Palestinian Human Rights Organization, stated that Palestinian refugees in Lebanon had been deprived of human and civil rights and that Lebanon had been discriminating against them in every aspect of life. Lebanese discrimination affected Palestinian refugees with regard to the right to own property, the right to work, the right to health care, the right to freedom of movement and the right to nationality. She asked the Committee to urge the Lebanese Government to reverse these policies.
KHARA NANDA TIMSANA, of the Centre for Protection of Minorities and Against Racism and Discrimination in Bhutan, said that although he is Bhutanese, he has been living in Nepal since the early 1990's along with several thousand others who were deported by the Bhutanese Government. The Bhutanese Citizenship Act of 1985 made it more difficult for ethnic Nepalese to gain Bhutanese citizenship. He said for reasons such as land ownership, the Bhutanese Government had deported thousands, and imprisoned and tortured many others.
GAVKAR DZHURAEVA, of the Tajikistan Foundation, said that in Central Asia, many conflicts which took place in the 1990s had resulted in a high number of internally displaced persons. The conflict in Tajikistan, as was known, had resulted in many deaths and many persons became refugees. Only a few of the 300,000 Tajiks who were now refugees in the Russian Federation had been able to gain refugee status. For the rest, they were not considered as refugees but as illegal immigrants.
PATRICK YU, of the Northern Ireland Council for Ethnic Minorities, reported on cases of racial harassment in the workplace and violence perpetrated against migrants in Northern Ireland. He cited examples of South African woman and Chinese immigrants who had been physically assaulted. Mr. Yu made several recommendations to the Committee to take measures to improve the situation for non-citizens in Northern Ireland.
K'NYAW PAW NAW, of the OSI Burma Project, said she had grown up in a refugee camp on the Thai side of the Thai-Burma border after her parents had fled Burma due to the human rights abuses that they had faced in the country. She said she was a stateless person and was not allowed to travel outside of the camps as a result of the Thai Government's official orders. As a result, she said there was no access to higher education or to legal help. She called on the Committee to help launch an in-depth study into the actions carried out by the Thai Government and urged the Government to recognize children born of refugee migrant workers born in Thailand as rightful citizens.
ERASMO MARTINEZ (Mexico) noted the statement made by the representative of Sin Fronteras and said his delegation would be submitting a response to that declaration in due course. He reaffirmed that Mexico was committed to improving the situation of human rights in the country.
PATRICK TARAN, of the International Labour Organization, said this discussion reflected a challenge and opportunity of historical proportion before the Committee. Of the 175 million people living outside their country of origin or citizenship, 86.3 million were economically active. In industrialized and some developing countries, growth of dual labour markets and demographic trends combined to expand demands for cheap labour that national workers were unavailable for. This exposed non-national workers to unconscionable violations of rights and dignity without recourse to legal protection or effective remedies. The ILO had long emphasized the need to mobilize the entirety of its standard-setting, technical cooperation and research in all its areas of competence to address persons with special needs, including non-national migrant workers. Mr. Taran expressed his view that a new general comment regarding non-nationals by the Committee would be an important, timely and extremely relevant contribution in this context as well as others of direct pertinence to application of the Committee.
Following the declarations made by the list of speakers, Committee Experts shared their comments on the debate. Several Experts expressed the view that political parties and the media were at the forefront of molding public opinion and were in a position to remedy the situation. Others welcomed the general comments made on migrant workers and emphasized the importance of ratifying the Migrant Workers Convention to help address the problem of non-citizens.
Committee Experts expressed the need to devise a broad-based and appropriate definition of the term non-citizen within the parameters of international human rights law. Many Experts drew attention to the restrictions which applied to foreigners and non-citizens in general. These restrictions include the denial of the right to have a religion, to own property and the right to education. It was expressed that States should not establish any differences between any type of citizen. An Expert raised the point that international law admitted certain exceptions with regard to foreigners and that migrants who did not have papers were often denied fundamental human rights, were tortured, treated as common criminals and denied access to fair trial.
An Expert suggested that, in view of the proposal to draft a new general comment, chapters on combating acts leading to racial hatred, detention, administrative justice, expulsion, a specific view to post September 11, and on slavery, should be included. Immigrant and stateless women and children should also be addressed when considering a general comment.
A Committee Expert suggested that non-citizens be classified into two categories: stateless migrant workers and non-citizens without any papers. With concern to this latter category, the Expert said these people were treated inhumanely.
An Expert said that the issue of non-citizens was at the heart of any fundamental national debate on sovereignty and that most national legislations distinguished between foreigners whose situation was regular and those whose situation was irregular; i.e. non-citizens. The need to prevent the spreading of discriminatory or racist views through the media and in politics was echoed by most Experts.
Among the other issues raised by Committee Experts was that of the administration of justice. Experts agreed that this was an important issue because non-citizens were often discriminated against by having no access to justice. An Expert made the recommendation that there should be enhanced training for judicial and penal authorities and that non-citizens should be better informed of their rights. Compensation to victims was also raised as an important issue.
An Expert stated that non-citizens often resorted to being assisted by human traffickers to escape their oppressive situations. In many cases this resulted in them becoming enslaved. This was the result of an unjust economic system which was the root cause of this situation and not so much the traffickers themselves, he said.
An Expert expressed the important role the Committee played to focus more attention on the situation of non-citizens and in particular non-discrimination when dealing with their civil and political rights, and economic and social rights. Other Experts underlined the need to guarantee basic human rights to non-citizens, including the right to life, equal right to employment and political rights.
A Committee Expert made the point that there was a rift between the north and south concerning levels of poverty which was very pertinent to the issue of non-nationals. She added that there were more cases of torture and murder, cultures were increasingly not valued and, in general, the situation was worse now than it was 10 years ago.
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