Another human rights tragedy in the Mediterranean: UN experts call on States to prioritize migrants’ human rights

The Committee on the Rights of All Migrant Workers and Members of their Families, deplores the recent tragedy involving the loss of life of migrants,   the latest in a long line of migration-related deaths at borders, be it in deserts, in mountainous regions, as well as the sea. It is believed some 400 migrants died when their boat capsized in the Mediterranean on 13 April.

Given the severity and repetition of such incidents, the Committee firmly asserts that it is time for States to make a clear commitment to ensure a comprehensive rights-based approach to migration, including its root causes, through short, medium and long term measures at national, bilateral, regional and global level.
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Migrants are placing their lives in the hands of often unscrupulous smugglers to escape desperate conditions – conflict and violence, war, insecurity, poverty and climate change.  These smugglers take advantage of the lack of legal channels of migration, which affects the right to leave one’s country, seeking better work opportunities and brighter futures  

The human rights challenges which these flows of migrants generate are complex.   Although Governments have the sovereign right to determine which non-nationals might enter and remain in their territories, the processes of addressing migration in all its forms must be carried out in accordance with all relevant international legal standards with due consideration given to the specific human rights issues affecting women, children, persons with disabilities and other groups in situations of vulnerability. 

The Committee endorses the Recommended Principles and Guidelines on Human Rights at International Border recently published by the Office of the High Commissioner for Human Rights. It urges States to adopt these normative guidelines for effective border governance to ensure that all migrants, regardless of their legal status, how they arrive at the border, where they come from or what they look like, are able to enjoy their human rights. 

European Union Member States as well as other major States of destination must adopt a new approach to migration that places the rights of migrants at the forefront.   States of destination, origin and transit must also address root causes that lead to smuggling and trafficking in persons with collaboration of the international community and the United Nations. 

At a time of such significant human mobility, we are seeing increasingly harsh and restrictive responses to migration in the developed world.  If countries continue to criminalize irregular migration without adopting new legal channels for migration that would allow migrants to safely and regularly reach countries of destination, the number of migrants risking their lives will only increase. 

At the same time, the contributions that migrants make to both countries of origins and destination are substantial and this information needs to be disseminated widely to raise awareness and counter stereotypes.

 Migrants contribute to the economy of the host country, they pay taxes and bring diversity that should be celebrated.  The UN High Commissioner for Human Rights has warned that the depiction of migrants as “invasive hordes”, who are “threatening our way of life” and “jumping the queue” must stop, and States must act with full respect for the human rights of all – including migrants.   “Rich countries” he said, “must not become gated communities, their people averting their eyes from the bloodstains in the driveway.” 

The Committee calls on States to ratify the CMW Convention, which has not been ratified by most countries of destination.   According to the Chair of the Committee, the Convention is the best strategy to prevent abuses and address the vulnerabilities that migrant workers face as well as provides guidance on the elaboration of national migration policies for international cooperation based on respect for human rights and the rule of law. 

The Committee also calls on the United Nations and other relevant international organizations, the Global Forum on Migration and Development and the Global Migration Group, as well as all other stakeholders to take concrete measures to address this issue urgently at the international level. 

ENDS

For more information, please contact Bradford Smith: bsmith@ohchr.org

BACKGROUND:

The CMW, composed of 14 independent human rights experts, oversees implementation of the Convention by States parties.  Many of the 47 States parties are not only nations of origin but now also transit and destination countries given the changing patterns of migration.