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Statement of Mr. Prasad Kariyawasam, Chairperson of the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families
13 April 2005
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COMMISSION ON HUMAN RIGHTS
Sixty-first session
Item 18 of the provisional agenda
EFFECTIVE FUNCTIONING OF HUMAN RIGHTS MECHANISMS
(a) Treaty bodies
Geneva, 13 April 2005
Check against delivery
Mr. Chairman, Your Excellencies, Distinguished Delegates, Colleagues and Friends,
I am honoured to address this distinguished Commission in my capacity as the Chairperson of the newest human rights treaty body, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families.
As you are aware, the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families entered into force on 1 July 2003 and the Committee members were elected by States parties in December 2003. I reported last year about the first session of the Committee which was held in March 2004. The Committee will hold its second session at the end of April, just after the closure of this Commission’s session.
The members of my Committee have been kept busy and focused about its task and have also met at an informal meeting in October. At this meeting, the Committee agreed on provisional guidelines for the presentation of initial reports by States parties. These guidelines have since been communicated to all States parties to the Convention in order to assist them in fulfilling their reporting obligation. The Committee expects to receive the first reports under the Convention in the very near future.
Members of my Committee recognize that in the face of relentless globalization the 21st century is becoming a century of migration. In this context we reckon that this Convention can become a primary tool for protection of migrant workers. However, we also recognize that the Convention to be a meaningful instrument, it needs broad based adherence encompassing all regions of the world.
In this context, at its October meeting, the Committee continued its dialogue with other United Nations agencies and international governmental organisations as well as with representatives of civil society. The main focus of these discussions was on ways and means to promote the Convention. In this advocacy role the Committee is concerned about the lack of visibility of the Convention. For this purpose we have sought the cooperation of United Nations agencies and intergovernmental organisations as well as civil society, the most vocal advocate of the Convention.
The Convention has so far only attracted 28 States parties, which makes it the least ratified Convention of the seven core United Nations human rights treaties. Since last year, three more States have become parties to the Convention. Although this is an encouraging sign, we must endeavour to expand and broad base participation in the Convention from all regions of the world to make it an effective instrument that could in fact promote rights of migrant workers.
Nevertheless Mr. Chairman, there seems to be a certain reticence among authorities of some States about ratifying the Convention on Migrant Workers. It appears that xenophobic tendencies and discriminatory practices still create barriers on adherence to this Convention.
In this regard, I take this opportunity to remind all States that the Convention on Migrant Workers forms an integral part of the United Nations human rights treaty system. You are aware that a system is only as strong as its weakest element. Therefore, the small number of adherents to this Convention makes the whole treaty system vulnerable. The reluctance and scepticism in accepting the Convention on Migrant Workers, I would say weakens the entire system of human rights protection of the United Nations. May I also recall in this regard that provisions of the Convention on Migrant Workers are so broad that most norms in its provisions are already reflected in several other human rights instruments that have more general and wider adherence. The treaty bodies monitoring the implementation of these human rights instruments have made it abundantly clear that such norms and rights are guaranteed to nationals and aliens alike, with the exception of very few rights of purely political nature. Therefore, the hesitation by some States to embrace the Convention on Migrant Workers thus calls into question their commitment to apply without discrimination the human rights norms which they have already accepted under the other human rights instruments. On behalf of my Committee, I therefore call upon all States which have not yet done so to take the necessary steps to accede to or ratify the Convention.
At the same time, I call on the States parties to the Convention to submit their initial reports under the Convention without delay. The Committee will hold a meeting with States parties at its upcoming session at the end of April in order to discuss the modalities of reporting with a view to establishing an effective reporting system.
Mr. Chairman,
Allow me now to turn briefly to another subject of importance to the Committee on Migrant Workers and indeed to the treaty body system as a whole. I refer to the discussion on the reform of the treaty body reporting system.
I had the privilege to be elected Chairperson of the third Inter-Committee meeting and the sixteenth Chairpersons meeting in June 2004. At this meeting, we discussed among other things the streamlining of the reporting requirements under various human rights treaties. Facilitating the reporting by States parties and the implementation of treaty obligations is a concern of all treaty bodies and indeed of the States parties themselves. The participants at the inter-Committee meeting had an in-depth discussion on these issues. We decided that it would be good to promote the idea of an expanded core document and therefore agreed that any States wishing to prepare reports using the draft guidelines for such an expanded core document and treaty targeted reports should be entitled to do so. We encourage such States to seek technical assistance from the Office of the High Commissioner for Human Rights. I am pleased to inform you that some eight States are being given technical assistance in this context or have expressed interest in receiving such assistance.
Throughout the year, consultations have continued among the treaty bodies on the harmonization of reporting guidelines. I welcome the support of the Secretary General for harmonized guidelines on reporting to all treaty bodies as expressed in his report on UN reform entitled “In larger freedom”. The fourth inter-Committee meeting and the seventeenth meeting of Chairpersons will continue to discuss these matters. We count on the support of all States in order to assist us in implementing effective reforms that will result in lessening the States’ reporting burden while providing effective monitoring of the implementation of substantive treaty obligations by States.
Thank you very much.
Sixty-first session
Item 18 of the provisional agenda
EFFECTIVE FUNCTIONING OF HUMAN RIGHTS MECHANISMS
(a) Treaty bodies
Geneva, 13 April 2005
Check against delivery
Mr. Chairman, Your Excellencies, Distinguished Delegates, Colleagues and Friends,
I am honoured to address this distinguished Commission in my capacity as the Chairperson of the newest human rights treaty body, the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families.
As you are aware, the Convention on the Protection of the Rights of All Migrant Workers and Members of their Families entered into force on 1 July 2003 and the Committee members were elected by States parties in December 2003. I reported last year about the first session of the Committee which was held in March 2004. The Committee will hold its second session at the end of April, just after the closure of this Commission’s session.
The members of my Committee have been kept busy and focused about its task and have also met at an informal meeting in October. At this meeting, the Committee agreed on provisional guidelines for the presentation of initial reports by States parties. These guidelines have since been communicated to all States parties to the Convention in order to assist them in fulfilling their reporting obligation. The Committee expects to receive the first reports under the Convention in the very near future.
Members of my Committee recognize that in the face of relentless globalization the 21st century is becoming a century of migration. In this context we reckon that this Convention can become a primary tool for protection of migrant workers. However, we also recognize that the Convention to be a meaningful instrument, it needs broad based adherence encompassing all regions of the world.
In this context, at its October meeting, the Committee continued its dialogue with other United Nations agencies and international governmental organisations as well as with representatives of civil society. The main focus of these discussions was on ways and means to promote the Convention. In this advocacy role the Committee is concerned about the lack of visibility of the Convention. For this purpose we have sought the cooperation of United Nations agencies and intergovernmental organisations as well as civil society, the most vocal advocate of the Convention.
The Convention has so far only attracted 28 States parties, which makes it the least ratified Convention of the seven core United Nations human rights treaties. Since last year, three more States have become parties to the Convention. Although this is an encouraging sign, we must endeavour to expand and broad base participation in the Convention from all regions of the world to make it an effective instrument that could in fact promote rights of migrant workers.
Nevertheless Mr. Chairman, there seems to be a certain reticence among authorities of some States about ratifying the Convention on Migrant Workers. It appears that xenophobic tendencies and discriminatory practices still create barriers on adherence to this Convention.
In this regard, I take this opportunity to remind all States that the Convention on Migrant Workers forms an integral part of the United Nations human rights treaty system. You are aware that a system is only as strong as its weakest element. Therefore, the small number of adherents to this Convention makes the whole treaty system vulnerable. The reluctance and scepticism in accepting the Convention on Migrant Workers, I would say weakens the entire system of human rights protection of the United Nations. May I also recall in this regard that provisions of the Convention on Migrant Workers are so broad that most norms in its provisions are already reflected in several other human rights instruments that have more general and wider adherence. The treaty bodies monitoring the implementation of these human rights instruments have made it abundantly clear that such norms and rights are guaranteed to nationals and aliens alike, with the exception of very few rights of purely political nature. Therefore, the hesitation by some States to embrace the Convention on Migrant Workers thus calls into question their commitment to apply without discrimination the human rights norms which they have already accepted under the other human rights instruments. On behalf of my Committee, I therefore call upon all States which have not yet done so to take the necessary steps to accede to or ratify the Convention.
At the same time, I call on the States parties to the Convention to submit their initial reports under the Convention without delay. The Committee will hold a meeting with States parties at its upcoming session at the end of April in order to discuss the modalities of reporting with a view to establishing an effective reporting system.
Mr. Chairman,
Allow me now to turn briefly to another subject of importance to the Committee on Migrant Workers and indeed to the treaty body system as a whole. I refer to the discussion on the reform of the treaty body reporting system.
I had the privilege to be elected Chairperson of the third Inter-Committee meeting and the sixteenth Chairpersons meeting in June 2004. At this meeting, we discussed among other things the streamlining of the reporting requirements under various human rights treaties. Facilitating the reporting by States parties and the implementation of treaty obligations is a concern of all treaty bodies and indeed of the States parties themselves. The participants at the inter-Committee meeting had an in-depth discussion on these issues. We decided that it would be good to promote the idea of an expanded core document and therefore agreed that any States wishing to prepare reports using the draft guidelines for such an expanded core document and treaty targeted reports should be entitled to do so. We encourage such States to seek technical assistance from the Office of the High Commissioner for Human Rights. I am pleased to inform you that some eight States are being given technical assistance in this context or have expressed interest in receiving such assistance.
Throughout the year, consultations have continued among the treaty bodies on the harmonization of reporting guidelines. I welcome the support of the Secretary General for harmonized guidelines on reporting to all treaty bodies as expressed in his report on UN reform entitled “In larger freedom”. The fourth inter-Committee meeting and the seventeenth meeting of Chairpersons will continue to discuss these matters. We count on the support of all States in order to assist us in implementing effective reforms that will result in lessening the States’ reporting burden while providing effective monitoring of the implementation of substantive treaty obligations by States.
Thank you very much.