Human Rights Council holds interactive dialogue with Special Rapporteurs on the rights of migrants and on minority issues

EVENING

15 June 2015

The Human Rights Council this evening held a clustered interactive dialogue with the Special Rapporteur on the human rights of migrants, François Crépeau, and with the Special Rapporteur on minority issues, Rita Izsák.

Mr. Crépeau deplored the continued ineffectiveness of the European Union’s border management system and the lack of a coherent human rights-based approach to migration. Sealing borders was a fantasy, and the only way countries could control their borders was by investing in mobility. The biggest failure of the European Agenda on Migration seemed to be that it did not propose to open any regular and safe migration channel for low skilled workers.

Ms. Izsák was concerned about problems of racism and extreme marginalization against Roma communities in Europe. Roma communities continued to face particular disadvantages in the fields of housing, health care, employment and education. Particularly vulnerable groups were women and girls, migrants and stateless persons. Recommendations included adding Roma history and culture in school curriculums, the need to monitor and respond to hate speech, encouraging Roma leadership, and the creation of conditions for the effective participation of Roma in all aspects of life.

During the interactive dialogue on the human rights of migrants, speakers expressed deep concern about the growing number of migrants who had lost their lives in the Mediterranean and insisted that the priority was to save lives. Speakers noted that migration was a global issue and called for a coordinated, holistic and rights-based response by the international community, including for tackling the root causes of migration. They expressed concerns about human rights violations against migrants in Europe, including racism, xenophobia and detention of irregular migrants.

On minority issues, speakers expressed concerns about marginalization and negative stereotyping of the Roma community, and called on concerned States to adopt measures to improve the inclusion of Roma persons as well as their access to education and health services.

States and organizations participating in the dialogue were: Algeria on the behalf of the African Group, European Union, Ecuador on behalf of the Community of Latin American and Caribbean States, Pakistan on behalf of the Organization of Islamic Conference, China, Brazil, Norway, Paraguay, Sierra Leone, Australia, India, Mexico, Bulgaria, Spain, Russian Federation, Council of Europe, Czech Republic, Algeria, Sudan, Tunisia, Venezuela, Turkey, Italy, Mali, Greece, Chile, Bolivia, Argentina, France, Switzerland, Burkina Faso, Costa Rica, Austria and Albania.

The European Union, Italy, Greece, Malta and Sri Lanka spoke as concerned countries.

Burundi, Japan, Bahrain, Egypt and the Republic of Korea spoke in right of reply.

The Council will reconvene on Tuesday, 16 June at 9 a.m. to conclude its clustered interactive dialogue on the rights of migrants and on minority issues. It will then hold clustered interactive dialogues with the Working Group on transnational corporations and human rights and the Special Rapporteur on trafficking, and with the Special Rapporteurs on violence against women and on internally displaced persons. In the afternoon, the Council will hold a panel on realizing the equal enjoyment of the right to education by every girl.

Documentation

The Council has before it the Report of the Special Rapporteur on the human rights of migrants, François Crépeau (A/HRC/29/36).

The Council has before it an addendum to the report of the Special Rapporteur on the human rights of migrants on the Mission to Sri Lanka (A/HRC/29/36/Add.1).

The Council has before it an addendum to the report of the Special Rapporteur on the human rights of migrants on the Follow-up mission to Italy (A/HRC/29/36/Add.2).

The Council has before it an addendum to the report of the Special Rapporteur on the human rights of migrants on the Mission to Malta (A/HRC/29/36/Add.3).

The Council has before it an addendum to the report of the Special Rapporteur on the human rights of migrants - Comments by Sri Lanka (A/HRC/29/36/Add.4).

The Council has before it an addendum to the report of the Special Rapporteur on the human rights of migrants – Comments by Malta (A/HRC/29/36/Add.5).

The Council has before it an addendum to the report of the Special Rapporteur on the human rights of migrants – Comments by Italy (A/HRC/29/36/Add.6).

The Council has before it the Report - Comprehensive study of the Special Rapporteur on minority issues on the human rights situation of Roma worldwide, Rita Izsák, with a particular focus on the phenomenon of anti-Gypsyism (A/HRC/29/24).

The Council has before it the Information presented by the Commissioner for Fundamental Rights of Hungary (A/HRC/29/NI/1).

Presentations by the Special Rapporteurs on the Human Rights of Migrants and on Minority Issues

FRANÇOIS CRÉPEAU, Special Rapporteur on the human rights of migrants, presented his conclusions after his visits to Italy, Malta and European Union institutions, and deplored the continued ineffectiveness of the European Union’s border management system and the lack of a coherent human rights-based approach to migration. Maintaining the status quo was unbearable on the long term as the human and resource costs associated were huge. Resources were lost through Member States failing to maximize the opportunities offered by migration at a time of significant demographic, economic and social change. Sealing borders was a fantasy, and the only way countries could control their borders was by investing in mobility. European Union Member States had to accept that migrants would come no matter what. Prohibition and repressive policies only entrenched smuggling operations and underground labour markets. The responsibility of receiving migrants continued to be left only to frontline States. More concerted efforts were needed from European Member States to assist frontline States such as Greece, Italy and Malta. With the continued crises in Syria, Eritrea and Yemen, the number of people seeking safety in Europe was not likely to decrease. Standardizing reception conditions and Refugee Status Determination procedures throughout the European Union should be a top priority. Registration at the earliest contact was an important element of migration governance, and it could be best implemented when incentives were offered to do so because benefits were attached to it.

Returning migrants to frontline countries was unsustainable in the long term. Moreover, European Union Member States had made little use of the family reunification clause, the sovereignty clause and the humanitarian clause that could enhance the mobility of migrants. The biggest failure of the European Agenda on Migration seemed to be that it did not propose to open any regular and safe migration channel for low skilled workers. This should be accompanied with a sharp increase in the effectiveness of labour inspections for ensuring the respect of labour conditions. This would lead to a considerable reduction in the smuggling numbers. Facilitating access to justice, education and health by irregular migrants, without fear of detection, detention or deportation, would go a long way forward. European countries should also combat negative stereotypes and tackle discrimination against migrants. With regard to his visit to Sri Lanka, as a country of origin for labour migration, the Special Rapporteur welcomed efforts to regulate labour migration and protect the rights of citizens migrating abroad, but noted the need to fully implement a human rights-based approach. Many Sri Lankan migrants experienced abuse and exploitation, which often began at the recruitment process. The Government should do more to train people to leave the country and focus more on creating income-generating opportunities in Sri Lanka.

RITA IZSÁK, Special Rapporteur on minority issues, presenting the global study on the human rights situation of Roma worldwide, said that she had particularly focused on the phenomenon of anti-Gypsyism. The term “Roma” in the report referred to heterogeneous groups, the members of which lived in various countries under different social, economic, cultural and other conditions. The term was also used to include all groups which identified themselves as Roma, Sinti, Kale, Travellers or Gypsies. Deep-rooted problems of racism and extreme marginalization remained serious in Europe, whereas outside of Europe, the ongoing invisibility of the plight of Roma communities was given attention.

The “Roma issue” was not exclusively a question of poverty and Roma should benefit from a wide range of minority rights protection measures. The first pillar in the framework of minority rights protection was focused on the need to acknowledge the Roma Holocaust, and to protect the identity and collective memories of Roma. The failure of law enforcement authorities to protect Roma promoted a climate of distrust. The protection and promotion of the Roma identity constituted the second pillar and meant that States had the obligation not only to protect Roma from forced assimilation, they also had the duty to address any discriminatory representations of Roma. Concerning the third pillar, non-discrimination and quality, Roma communities continued to face particular disadvantages in the fields of housing, health care, employment and education. Particularly vulnerable groups were women and girls, migrants and stateless persons. Effective and meaningful participation of Roma in the political arena, as the fourth pillar, was a pivotal element in breaking the vicious cycle of stigma, discrimination and marginalization.

The study highlighted a number of good practices using the pillar framework, and included effective Holocaust awareness campaigns, effective anti-discrimination initiatives and diverse campaigns to empower Roma communities. The marginalization experienced by Roma was often interconnected with disadvantage in the area of economic and social rights, but there was tendency of Roma programmes to focus on short-term, issue-specific projects, which failed to adopt an integrated approach that addressed multi-sectorial disadvantages. Projects focused on long-term sustainable should be prioritized.

Recommendations included adding Roma history and culture in school curriculums, the need to monitor and respond to hate speech, encouraging Roma leadership, and the creation of conditions for the effective participation of Roma in all aspects of life.

Statements by Concerned Countries

European Union, speaking as a concerned country, said that the development of an integrated border management policy was only one response to addressing migration pressure. A common asylum policy was being implemented and a framework for a common immigration policy was being developed at the European Union level. The situation that Europe was facing on its southern borders was unprecedented, not only in terms of the number of migrants arriving by boats, but also in terms of the response of the Union and its Member States. The European Agenda on Migration contained a set of immediate actions in order to save lives and assist frontline Member States. The Agenda also proposed ways to manage better migration in all aspects in the longer term, such as a proposal to increase resettlement efforts and enhance legal opportunities to reach Europe.

Italy, speaking as a concerned country, said that since 2014, Italy had been facing an escalating humanitarian crisis in the Mediterranean, with hundreds of thousands of people arriving at its shores. Its “Mare Nostrum” search and rescue operation had saved 150,000 lives between October 2013 and October 2014. Italy remained fully committed to the principles of the protection at sea and active search and rescue operations in the Mediterranean. The magnitude of the task ahead required international cooperation and sharing of responsibility, and Italy welcomed the European Agenda on Migration which proposed a wide range of short and long-term measures dealing with migrant smuggling, resettlement of refugees, relocation of asylum seekers, common asylum policy and enhanced cooperation with countries of transit and origin.

Malta, speaking as a concerned country, said its geography placed it at the heart of the migration flows in the Mediterranean, adding that it attached paramount importance to saving lives. Malta was committed to strengthening cooperation with countries of origin, particularly African countries, and tackling the root causes of migration. Reforms would be introduced in Malta to improve migrant and asylum seekers’ access to justice and legal aid. Detention periods would be reviewed to ensure that no person should be detained beyond what was absolutely necessary. Contrary to allegations in the report of the Special Rapporteur, migrant children were no longer detained in Malta.

Sri Lanka, speaking as a concerned country, said an estimated 1.8 million Sri Lankans were living overseas as migrant workers. Sri Lanka had been among the first countries to ratify the International Convention on the Rights of Migrant Workers and their Families. Sri Lanka had also ratified the Convention against Human Trafficking and the Convention on the Rights of Persons with Disabilities. Migrant resource centres had been set up. The Government had also completed bilateral agreements with receiving countries, including Saudi Arabia and Oman. Sri Lanka was taking action against traffickers while addressing the needs of migrants.

Interactive Debate

Algeria, speaking on the behalf of the African Group, said that the situation of migrants had significantly worsened over recent years. Thousands of men, women and children were taking daily risks in perilous conditions in order to provide better lives for themselves. Priority had to be given to saving lives. European Union said that its plan to support Roma addressed education, employment, health and housing. The European Union now held annual Roma summits with the aim of taking stock on how plans of action were being implemented. The European Union shared concern that very little had been done across the region to combat discrimination and marginalization. Ecuador, speaking on behalf of the Community of Latin American and Caribbean States, stressed that the human rights based approach should prevail, and migration ought to be integrated in the post-2015 sustainable development agenda. Unaccompanied minors should be given priority, and their best interests had to be taken into consideration. Pakistan, speaking on behalf of the Organization of Islamic Cooperation, noted with concern that migrants faced myriad challenges in the European Union, including racism, xenophobia and extended use of detention. The international community was urged to ensure the full participation of Roma in social, economic and political spheres.

China said that the issue of illegal migrants was a complex one and the international community should strengthen cooperation to actively respond to the needs of migrants from conflicts and natural disasters. Brazil agreed that migratory policies in major countries should be reviewed to include human rights and expressed regret that security concerns continued to guide responses to migration in many countries of destination. Security driven migratory approaches were ineffective. Norway thanked the Special Rapporteur on minority issues for highlighting the ways to prevent violence against Roma and for the four pillars of her protective framework that addressed Roma disadvantages. Paraguay said that migration needed not only a humanitarian approach, but one conceived from the angle of human rights and gender, while policies should focus on protecting people so that migrants could freely choose to return or be integrated in the host country.

Sierra Leone was greatly concerned about the growing number of deaths of migrants at sea. Sierra Leone was concerned about the increasing criminalization of migrants. Regarding minorities, Sierra Leone was concerned about discrimination and stereotypes, and called for further cooperation to ensure access to education and healthcare. Australia underlined the importance of a coordinated approach to address migration, including for rescue operations, and recognized the necessity of establishing regular migration flows. India was concerned about the marginalization and vulnerability of the Roma community in Europe, including negative stereotyping in the media and over-representation in detention facilities. India requested the concerned authorities to strengthen Roma organizations. Mexico was convinced that the international community and all actors should find a holistic, inclusive and human rights-based answer to migration. This would reduce the risks that migrants faced and limit trafficking networks.

Bulgaria said that the protection of minorities was ensured by the Bulgarian Constitution, and the authorities were committed to the full integration of Roma. The integration programme stipulated equal integration, and sharing the burden of responsibilities was the key to achieving success. Spain shared the concerns about the issues faced by the Roma population. Spain had devoted considerable financial and political efforts to fighting discrimination against Roma and improving their employment prospects. How could the Roma population’s knowledge of the existing instruments be increased? Russia said that for more than 500 years Roma had been the most vulnerable, marginalized groups in most of Europe, subject to discrimination, deportation and denial of citizenship. In some European countries, neo-Nazis were holding hate marches and driving Roma out. The current situation with Mediterranean migrants was partly caused by irresponsible meddling in Middle Eastern affairs. Council of Europe said it had started to develop its strategies for the protection of Roma more than 40 years ago. Some efforts in particular included the empowerment of Roma women and youth, training of mediators and teaching of Roma history, including on the Roma holocaust. Roma policies should not be reduced simply to poverty reduction.

Czech Republic said it had adopted a Comprehensive Strategy for Roma Inclusion 2020 which aimed to reverse by 2020 the negative trends in education, housing, health and employment, effectively protecting Roma from discrimination and violence. Algeria said that migratory movements in the Sahel region were a challenge, and stressed that European countries must protect migrant workers and members of their families who were more vulnerable to effects of economic crises, and must address the upsurge of racism and intolerance in societies. Sudan thanked the Special Rapporteur for his recommendations and hoped that he would be able to conduct a study into the core reasons of undocumented migration and make recommendations to countries of origin, transit and destination. Tunisia agreed that the highest priority was safe rescue missions, and added that there was a need to find ways to prevent irregular migratory flows.

Venezuela said the international community should draw a rights-based migration policy and promote cooperation and solidarity between countries of origin and destination to ensure safe migratory flows. Venezuela called upon concerned countries to adopt measures to combat structural racism and discrimination against Roma persons and other minorities. Turkey underlined the importance of an integrated rights-based approach to migration, rather than a security-based approach. Turkey was worried about racism and xenophobia against migrant workers in the European Union. Turkey was disappointed to see references of discrimination against Roma persons in Turkey in the report by the Special Rapporteur on minority issues. Italy said it had adopted the first national Roma strategy characterized by a human rights-based approach, and had put in place an integrating governance system. Roma women and girls could be the driving force to tackle discrimination. Mali said it was a country of origin and transit of migrants, and had been affected by the loss of lives in the Mediterranean. Mali had established cooperation with European countries to respond to migrant flows and protect the rights of migrants.

Greece said that cooperation between the European Union and countries of origin and transit was of vital importance. Greece had recently made radical changes to the existing detention centres. Greece fully subscribed to the European Union measures to improve the conditions of Roma. Chile said that on the operational front, search and rescue operations through the Mare Nostrum and Trident operations were of critical importance. There should be no impunity for those who violated the rights of migrants. What measures could be taken to prevent migrants from falling prey to smugglers? Bolivia stated that, without doubt, the European Union States were feeling a challenge faced by migrants from countries ravaged by war and crises. Migrants contributed to the growth and productivity of countries. There were also more and more migrants from Europe heading to Latin America. Argentina was particularly concerned about the migratory crisis in the Mediterranean. An approach based on security and border control could no longer be defended; migrants ought to be at the centre of governmental policies. The Argentinean Government’s approach was to establish direct dialogue with the leaders of the Roma community.

France said that the migrant crisis in the Mediterranean was a tragedy and there was a need to work in partnership with countries of origin and transit to tackle the root causes, and prevent illegal migration and trafficking in human beings. In relation to the situation of Roma, racist statements were prohibited by the French law and the human rights of all persons were protected regardless of their origin. Switzerland said that in 2013 the Second High-Level Debate on Migration and Development had opened with tragic news of the loss of migrants’ lives in the Mediterranean and asked how to challenge the negative perception of migration and migrants and involve the private sector in the discussions on migration. Burkina Faso said that the management of migration was of great importance, as it raised a number of issues and challenges, and affected national cohesion, land ownership and the integration of migrants in their host countries. Costa Rica said that the world was witnessing the highest level of human movement since the end of the World War II, which required a coordinated and coherent approach. There was a need to create alternatives to the detention of migrants arriving at borders and create a protection and complaint mechanism for migrants.

Austria shared the view that the political participation of the Roma minority played a key role in addressing discrimination and stereotyping. Austria also agreed on the importance of political will to address this issue, and expressed its commitment to combat racism and xenophobia and to raise awareness on this issue. Albania said the international community had a responsibility to collectively tackle the situation in the Mediterranean Sea. Albania welcomed efforts by the European Union to improve the protection of the rights of migrants. On minorities, Albania expressed concerns about reports of negative stereotyping of the Roma population in the media.

Right of Reply

Burundi, speaking in a right of reply, regretted that there was a twisting of the facts about what was occurring in Burundi within this Council. Insurrection instigated from certain organizations from abroad sought to destabilize Burundi. This was terrorism.

Japan, speaking in a right of reply, said it had faced issues from the past with remorse more than 50 years ago.

Bahrain, speaking in a right of reply, said that it was committed to cooperating with the Office of the High Commissioner for Human Rights. A draft bilateral cooperation agreement was still being considered. The seriousness of certain crimes in Bahrain should not be underestimated, and the law should be applied equally to everyone regardless of their religious or political affiliation. Rulings were prerogatives of the judge.

Egypt, speaking in a right of reply, said that the accusations by the United Kingdom were self-defeating and disregarded the reasons why some had been sent to trial. In Egypt, all were equal in rights and general duties. Torture in all forms was a strictly proscribed crime. It was not acceptable to comment on court rulings in the Council.

Republic of Korea said that it was highly regrettable that the “DPRK” continued to make false statements about the Republic of Korea. It reminded that the core responsibilities of the field-based mandates established by the Council were to monitor and help improve the structures of countries under the monitoring mechanisms.

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