保护移民工人委员会与各国举行会议（部分翻译）

移民工人权利委员会

2016年9月5日

保护所有移民工人及其家庭成员权利委员会今天上午举行公开会议，期间与各国代表以及国际和非政府组织的代表们开展了会谈。

委员会专家们介绍了当前全球移民趋势的概览，以及为促进批准与落实《公约》所付出的努力。会上汇报了关于移民儿童的一般性意见的起草进程以及关于落实简化报告程序的最新情况。会上也提及了与民间社会组织和国家人权机构的合作。

在接下来的讨论中，各国和非政府组织问及如何以更优或不同的方式加速和促进《公约》批准进程，其希望听到更多关于协商进程以及起草关于移民儿童的一般性意见的时间表。他们也提出了关于与其他条约机构和特别程序、人权理事会和民间社会合作的问题。

委员会将于9月7日（周三）下午3点举行下一次公开会议并结束届会。

Statements by Committee Members

JOSE BRILLANTES, Chairperson of the Committee, said that there were over 244 million migrants throughout the world, some 20 percent of whom were estimated to be in an irregular situation. Migration was a daily reality, and that fact ought to be accepted. It should be ensured that migrants and their families fully enjoyed their human rights during their journeys, in schools and in workplaces across the globe. The abuses of migrants were intensified when their immigration status was irregular. It appeared that the world was on the eve of far greater international mobility largely due to work force decline and population ageing; a number of push and pull factors were at play. The Convention set out the best strategy to prevent abuses and address challenges faced by migrant workers; it explicitly provided a framework for human-rights based policy-making on migration, including irregular migration.

The Convention was ratified by only 48 States, the lowest of all human rights treaties. Gaining new ratifications remained a priority. Today’s dramatic migration crisis underscored the urgent need to begin a more honest discussion about obstacles to the ratification of the Convention. More work needed to be done to address the root causes of desperate attempts to flee – migration should be a choice. It was hoped that the High Level Meeting on Addressing Large Movements of Refugees and Migrants would result in greater commitments that would place the human rights of migrants at the forefront of migration laws and policies.

FATOUMATA ABDOURAHMANE DICKO, Vice-Chairperson of the Committee, on the issue of reporting under the Convention, stated that Articles 72 and 73 set up mechanisms for supervising the Convention. During its twenty-third and twenty-fourth sessions, the Committee had adopted concluding observations on eight States parties, as well as five lists prior to reporting. States parties were reporting under the simplified procedure, based on the lists of issues submitted in advance. Since 2006, the Committee had issued 47 concluding observations and adopted 49 lists of issues. Initial or periodic reports had not yet been received from 16 States parties, which impeded the work of the Committee. States could use technical support of the Office of the High Commissioner for Human Rights, as well as avail themselves of the simplified reporting procedure.

PRASAD KARIYAWASAM, Committee Member, said that the Committee continued to harmonize and strengthen its working methods, in support of the treaty body strengthening process. At its twenty-fourth session, the Committee had continued discussion on the Guidelines against intimidation and reprisals, and was deeply concerned about allegations of intimidation and reprisals against individuals and groups who cooperated with the treaty bodies. The Committee had also incorporated the Guidelines on the independence and impartiality of members of the human rights treaty bodies. At its twenty-eighth annual meeting of the Chairs of the treaty bodies in May-June 2016, the Chairs had, inter alia, called for the universal ratification of international and regional human rights treaties, recommended to all treaty bodies to promote the simplified reporting procedure, and welcomed innovative ideas in light of the 2020 review of the treaty body system.

PABLO CERIANI CERNADAS, Vice-Chairperson of the Committee, informed that the Committee had elaborated two General Comments, one on domestic migrant workers and one on the human rights of migrant workers in an irregular situation. The Committee was currently working on a General Comment on the human rights of children in the context of migration, jointly with the Committee on the Rights of the Child. Over 60 submissions had been received from various stakeholders, and a first draft was expected before the end of 2016. Mr. Ceriani Cernadas added that most States had not developed adequate policies and practices, much less child-sensitive ones, to address migration, and migration-related issues were largely absent from childhood policies. The Committee’s aim, hence, was that the General Comment would serve as a key reference and guidance for States parties in the design and implementation of migration and child protection policies.

JASMINKA DŽUMHUR, Vice-Chairperson of the Committee, said that the Committee continued to encourage the input and support of civil society organizations and national institutions with respect to the reporting process and follow-up recommendations, as well as United Nations programmes, funds and specialized agencies. The Committee also continued to work with the Special Rapporteur on the human rights of migrants, including by issuing joint press statements and participating in joint press conferences. The Committee had been working with the Committee on the Rights of the Child on a joint General Comment, and had started to strengthen cooperation with UN Women. The Committee was very grateful for the cooperation and support received from civil society organizations. A successful event marking the twenty-fifth anniversary of the adoption of the Convention had been held during the twenty-third session. Ms. Džumhur encouraged States which had not yet done so to ratify the Convention.

KHEDIDJA LADJEL, Committee Member, stated that promoting the Convention was one of the crucial activities of the Committee. The Committee had participated in training programmes to strengthen capacities in Brazil, Mauritania, Mexico, Tunisia and Qatar. Given the low level of ratifications of the Convention, the Committee was building relations with other treaty bodies and international organizations, all with the view of further promoting the rights of migrant workers. A former Chair of the Committee had attended the Global Forum on Migration and Development in Istanbul in 2015. Other parallel events had been organized to promote the Convention, with the focus on border management of the European Union and migrants in crisis situations. The Committee had also strengthened its media strategy and had issued a number of press releases on the situation of Syrian migrants, the global migrant crisis, and deaths of migrants in the Mediterranean. The Committee would continue to actively promote the ratification of the Convention.

Discussion

Guatemala said that it was highly regrettable that the latest accession to the Convention had been in May 2015, in spite of all efforts, and that no major destination country had ratified the Convention. How did the Committee plan to give new impetus to the Convention, Guatemala asked. It also asked when the General Comment on child migrants would be finalized.

Terre des Hommes, also speaking on behalf of the Inter-Agency Working Group to End Child Immigration Detention, said that the detention of migrant children and families represented a serious threat to the rights to liberty, non-discrimination and family life enshrined in the Convention. Even very short periods of detention had been shown to undermine children’s psychological and physical well-being. Migrant children and members of their families continued to be detained on the basis of their migration status every day. Terre des Hommes had prepared a set of nine Recommended Principles for Children on the Move and Other Children Affected by Migration, which reflected a number of existing obligations already widely ratified by States.

Philippines stated that the simplified reporting procedure was a way forward, which lessened the burden of States parties. The rights of the child, especially in a migratory context, needed a timely intervention. It was hoped that the Committee’s General Comment would subsequently affect national policies. Penalties for parents who had children out of wedlock should not be applied to children. In certain countries, children were brought to detention centres with their parents. The Philippines wanted to know details about regional consultations on the draft General Comment. Was cooperation foreseen with other Special Procedures mandate holders?

Algeria said that some innovations could be tried out in the ratification campaign, so that the existing blockage could be overcome. The January 2016 report of 2,000 Syrian children who had gone missing in Europe was worrying. Had the Committee discussed that issue in the course of its activities and contacts with partners, asked Algeria?

Ecuador was happy to see efforts to improve the Committee’s cooperation with the Human Rights Council and other treaty bodies. Ecuador was currently awaiting the list of issues prior to reporting. It was comforting to hear that the Committee was working in line with the Addis Ababa guidelines, but, unfortunately, in some other committees, there had been examples of politicization, used to attack countries with progressive policies. The issue of unaccompanied migrant children was of concern to Ecuador and the whole Latin American region. The Committee’s work on finding alternatives to administrative detention was welcomed. The aim of the Convention was not to encourage irregular migration, but rather orderly and safe migration, which respected human rights. How could the Convention be promoted from a new perspective? The Committee was encouraged to partake in relevant international fora.

Uruguay also brought up the issue of the ratification of the Convention. The narrative on which the Convention was built needed to be better developed; for example, the fact should be stressed that the Convention did not create new rights. The political aspects of the process ought to be addressed. The future General Comment on child migrants would be helpful for the Group of Latin American and Caribbean-European Union leadership on the resolutions on children in the Human Rights Council.

El Salvador hoped that the Committee’s support for a new Human Rights Council resolution on children’s rights would be welcome. El Salvador was ready to contribute to any work which would lead to a greater number of ratifications.

An Expert, answering to the questions on the timeframe for the General Comment on children migrants, said that the drafting should be finalized by the end of 2017. A number of States had expressed interest in supporting the consultations. Regional consultations would be confirmed in the coming period; such consultations would address specific challenges. The rights of children in the context of migration needed to address both push factors and needs of migrants in host communities, as well as issues such as xenophobia and terrorism.

Another Expert added that the Committee was looking into ways to contribute to the upcoming Summit on migrants and refugees in New York. The Committee Chairperson had written to the President of the General Assembly, requesting that it participate in Round Table 5 of the Summit. The schedule for regional consultations would be promptly distributed once finalized. On arbitrary detention, it was explained that the Committee had met with the Working Group on arbitrary detention, and continued to cooperate with all relevant treaty bodies.

Responding to the question on ratifications, one Expert concurred that it was indeed a burning issue, which was one of the reasons that the Committee was trying to strengthen its cooperation with other treaty bodies, such as the committees on the rights of women, children and persons with disabilities. Lists of indicators were being created, which other committees could use in their work. A compilation of treaty body recommendations for countries of destination could be developed. The Committee would continue to develop cooperation with the relevant Special Rapporteurs. It was crucial to further engage regional partners on promoting the visibility of the Convention.

The Committee played a dual role – that of a treaty body seeking to monitor the implementation of the Convention, and that of promotion, which was closely linked to the approach that each country had to migration. More interaction was needed with other treaty bodies on specific issues, commented an Expert. Labour migrants were the largest group of migrants, which was why the structural causes of their migration ought to be looked into, along with a number of related issues. There were, regrettably, still a number of countries which were, for various reasons, reluctant to ratify the Convention. Governments should not allow ideological factors to prevail, but the focus had to be on human rights.

An Expert stated that in Latin America it seemed that recalcitrant countries were coming closer to ratifying the Convention. It was critical that delegates based in Geneva, New York and other regional fora kept their capitals informed of the ongoing discussions.

A side event at the International Labour Organization had already discussed the issue of the 2,000 missing Syrian children, informed a Committee Member.

IBRAHIM SALAMA, Chief of the Human Rights Treaties Branch, Human Rights Council and Treaty Mechanism Division of the Office of the High Commissioner for Human Rights, described the discussion as very thoughtful and useful, adding that it could be described with three key words - “dilemma”, “crisis” and “window”. The Convention was still the least ratified, and the business as usual seemed not to be going anywhere. Those who pretended to be asleep could not be awoken, stressed Mr. Salama. OHCHR shared the frustration of the Committee. There was, nonetheless, consciousness of the need for a serious discussion. In order to have change, a new, dedicated space for discussion ought to be opened and centralized around the rights-based approach.

An Expert noted that the Addis Ababa Principles had been supported by the Committee from the beginning, even though the Committee itself was not concerned. Meetings of Committee Chairs were being held also outside of Geneva and New York, allowing for strengthening regional contacts. Thematic cooperation ought to be further looked into, said the Expert. The largest obstacle to further ratifications was of a political nature.

More awareness-raising of the Convention in the States parties to the Convention was necessary to improve the level of its implementation, noted another Expert.

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For use of the information media; not an official record

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