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Geneva, 15 April 2002



Panel on Migrants

Introductory Statement by
Mary Robinson

United Nations High Commissioner
for Human Rights



Palais des Nations
Conference Room XXI




Distinguished members of the Panel,
Ladies and gentlemen,

This parallel event at the 58th session of the Commission has been convened with one purpose in mind – to give a boost to the need for ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. I am here as a cheerleader of the campaign. Like all of you I care deeply about the subject. Migration has always been part of the human condition, not some thing new. But our era of globalisation has stimulated large scale movement of people and will continue to do so. As migration flows increase around the world, the need for a new human rights protection regime for migrants becomes ever more urgent. The Convention will open a new chapter in the history of efforts to establish the rights of migrant workers in international law and ensure that those rights are protected and respected.

The Convention needs 20 ratifications to enter into force. Nineteen instruments of ratification or accession have already been deposited with the Secretary-General. One more to go! We had hopes that the twentieth might be received by the opening date of this Commission session. That has not happened; but let us not give up hope. We could suggest that those States considering their future adherence to the Convention, organize a “competition” among themselves as to who might be number 20. By speeding up their domestic procedures to subscribe to this important human rights treaty, one of them will win the honour of becoming the twentieth State party. Its name will be identified forever with helping the projection of a vision into reality- bringing into force a new legal mechanism for the international protection of migrants.

Last week there was great excitement when the 60th Ratification of the Statute of the International Criminal Court was deposited in New York. How soon can we celebrate another such event when the 20th ratification of the Migrant Workers Convention is deposited? Indeed you may have noticed that there were six ICC instruments of ratifications deposited at the same time, and all were treated as the 60th! So on that precedent we could get more than the minimum ratifications needed. And we do need more than the minimum number of countries to become parties. We are campaigning for universal ratification.

Let me express my appreciation of the work of the Global Campaign for the ratification of the Convention. My Office is of course a part of the Campaign. The campaign has made a tangible difference in getting us this close to an operative convention. The co-operation generated by the campaign for ratifications has involved UN agencies, the Special Rapporteur, Gabriela Rodriquez, other experts, religious communities and NGOs, all of whom are represented in this meeting today. It exemplifies a global alliance for human rights in action and it is the way we should be working for human rights for the future.

Within six months from the entry into force of the Convention, OHCHR as secretariat will organize the first meeting of the States parties to elect the ten members of the Committee on Migrants, the monitoring mechanism of the Convention. Members will serve in their personal capacity for a term of fours years.

States parties will have the obligation to report regularly on the steps they have taken to implement the Convention. The reports are expected to indicate problems encountered in implementing the Convention, and to provide information on migration flows. After examining the reports, the Committee will transmit such comments as it may consider appropriate to the State party concerned. Close co-operation between the Committee and international agencies, in particular the International Labour Organisation is foreseen in the Convention and I am delighted to see Constance Thomas from the ILO on the platform today.

I hope that States parties who ratify will also make the declarations necessary for the entry into force of the individual complaint procedure under article 77 of the Convention. Ten such declarations are necessary for this purpose and I note that none has been made so far.

Ladies and Gentlemen,

Poverty and the inability to earn enough or produce enough to support an individual or a family are major reasons behind the movement of work-seekers from one State to another. These are not only characteristics of migration from poor to rich States; poverty and opportunity also fuel movements from one developing country to another where work prospects seem – at a distance, at least – to be better.

There are other reasons why people go abroad in search of work. War, civil strife, insecurity or persecution arising from discrimination on the grounds of race, ethnic origin, colour, religion, language or political opinion all contribute to the flow of migrants. As we know too well, migrants in turn may find themselves the target of discrimination or xenophobia in the host countries. This aspect of the subject was a major focus of the World Conference against Racism in Durban last year. We should remind states that ratification of the Migrants Convention was one of the commitments they made in the Plan of Action of the World Conference. I can assure you that my Office will bear in mind that promise in our own campaign to see the Durban Plan of Action implemented. The World Conference texts also gave us important and positive language on the need to cherish the diversity of the human family, language which should be invoked in working to foster harmony and tolerance between migrant workers and the rest of the society in host States.

On 18 December 2001, International Migrant’s Day, the Secretary-General in urging ratification by States noted that “the fate of many migrants lies in stark contrast to the aspirations reflected in the Universal Declaration of Human Rights, human rights norms and labour conventions.”

I support the Secretary-General’s appeal for ratification of the Convention and remind States that the “race” to become the twentieth State party is still open.

Thank you and keep up the good work!