UN RIGHTS EXPERT CALLS FOR NEW HUMAN RIGHTS PROTECTION REGIME FOR MIGRANTS

17 December 2002



The following is the message of the Special Rapporteur on the human rights of migrants on the occasion of the Third International Migrants Day, 18 December 2002:

Migration has always been part of the human condition, but our era of globalization has stimulated exceptionally large scale movements of people and will continue to do so. As we mark the third International Migrants Day today, some 175 million people are living outside their countries of origin. As migration flows increase, the need for a new human rights protection regime for migrants becomes more urgent.

Human rights are at the heart of the question of migration. The lack of peace, democracy and respect of all human rights, including economic, social and cultural rights, are the root causes of migration. Migrants are also particularly vulnerable to human rights violations in countries of transit and destination. I receive information every day about migrants falling victim to transnational trafficking and smuggling by organized criminal networks; to xenophobic attacks by extremist groups; to arbitrary detention, and to ill-treatment and exploitation.

Migration is a positive phenomenon that must be valued for the economic contribution, the cultural diversity and the richness of exchanges that produces. Migration must also take place in a context of dignity and respect. For this to be possible a new concept of migration management with human rights as an integral part must be pursued. Migration management is in fact an extremely complex series of processes which go well beyond unilateral punitive measures and control. States, international and regional organizations, financial institutions, NGOs, the private sector and the civil society at large have a shared responsibility in this regard.

As human rights are at the heart of migration, human rights must also be at the heart of any migration management debate. As there is a growing recognition of the fact that contemporary migration is a process to be managed in a comprehensive manner, I would like to stress that such process must also be based on the wealth of existing international human rights norms, principles and standards.

On 10 December 2002, Human Rights Day, Timor Leste’s National Parliament adopted the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Timor Leste’s ratification will be the twentieth, bringing the Convention finally into force. This is a great success for all those who have voiced the suffering of migrants and who have campaigned for an international legal framework for the protection of their human rights. The Convention offers a holistic approach to the human rights of migrants and summarizes in a single instrument a broad gamut of rights. The Convention also takes into account all the aspects of the migration process so as to protect effectively the victims of abuses in countries of origins, transit and destination.

Today’s commemoration is an important occasion to take stock of progress made and to celebrate achievements in the struggle for the human rights of migrants. We have a come a long way, but we still have a long way to go. The entry into force of the Convention is a strong signal that the human dimension of the migration phenomenon can no longer be overlooked. I trust that today will mark a renewed commitment of Governments, non-governmental organizations, international organizations and civil society at large to make the human rights of migrants a reality.



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