Download the full report in PDF: MigrantsRights.pdf

      The UK has not signed up to the 'International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'. NCADC would ask all UK recipients of this message to contact their MP's and request that they raise the issue in parliament.

"a continuing deterioration in the human rights situation of migrants and in particular those with irregular administrative status. The most frequent abuses against immigrants occur in the context of discriminatory, xenophobic and racist practices, the administrative detention of undocumented immigrants, and various forms of exploitation of migrant workers." Gabriela Rodríguez Pizarro

+++++++++++++++++++++++++++++++++++++
Report on the human rights of migrants

by Gabriela Rodríguez Pizarro,
Special Rapporteur of the Commission on Human Rights

The Special Rapporteur asks Member States to consider ratifying:

'International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families'  (Came into force on 1st July 2003)

'United Nations Convention against Transnational Organized Crime'  (Came into force on 29th September 2003)

'Protocol against the Smuggling of Migrants by Land, Sea and Air'  (Came into force on 25 December 2003 and 28 January 2004)

'Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children' (Came into force on 25 December 2003 and 28 January 2004)

She believes that regularization procedures for immigrants with irregular administrative status must be carried out with absolute respect for the human rights of those concerned, so that they cannot be blackmailed if regularization is left to their employers.

Lastly, she urges the General Assembly to continue its work on the codification of the draft articles on responsibility of States for internationally wrongful acts, submitted by the International Law Commission, and urges the Commission on Human Rights to do likewise with regard to the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law.

7. Ever since she began her work, the Special Rapporteur has focused in large part on "fault lines". During the first years of her mandate, for example, she analyzed the migratory flows triggered by the economic disparities between the countries to the north of the United States-Mexico border and those to the south;1 during the period covered by the present report she has concentrated on the European and Mediterranean migratory context. . . . . .

 8. In addition, the issue of mixed migration and its relationship to refugee outflows . . .

10. In all her work, as mandated by the Commission on Human Rights, the Special Rapporteur takes into account a gender perspective when analyzing information received and pays special attention to cases of discrimination and violence against women.

 . . . . She also considers it essential to take account of the composition and source of migration flows in order to better protect the human rights of migrants, given the risks and abuses they may face during the migration process. . . .

11 . . . . working and employment conditions of migrant workers employed in domestic service.  . . .

In the Special Rapporteur's view, the situation of this group illustrates three of the most important challenges of international migration in modern times: first, the extent and feminization of migration. What is new about these movements is no longer their magnitude so much as the increase in the number of countries of origin and the high proportion of women involved, particularly in certain Asian countries; second, the difficulty of obtaining recognition of the human rights of immigrants, particularly those with irregular administrative status; and lastly, the need for rightsbased migration management.

12. . . . the Special Rapporteur analyzed in her report the treatment of female migrant workers employed in this sector in the light of the principal international human rights instruments and the legal framework developed by ILO in this area. The Special Rapporteur observes again in her report that, even when there exists a range of basic human rights norms that are applicable to non-citizens, the reality that immigrant women - particularly those in domestic service - face is a far cry from what is laid down in international law. Women employed in domestic service must accept abusive clauses in their contracts, are lured into debt by recruitment agencies, have their documents withheld and, in many cases, are subjected to ill-treatment and sexual violence by their employers.

 . . . . The Special Rapporteur describes how many women selected by recruitment agencies end up as victims of trafficking and, consequently, of labour exploitation which may involve conditions that are tantamount to servitude or forced labour. In the Special Rapporteur's view, the reason for the abuse and discrimination suffered by these women is their triple status as women, immigrants and, in many cases, as undocumented persons.

13. In her report the Special Rapporteur encourages States which admit such workers under a sponsorship and special visa system to review their legislation and ensure that the workers' status does not depend directly on the employment relationship with a given employer, since such dependent status leaves these women without protection and even leads them to remain silent about abuses for fear of being dismissed and/or repatriated.

14. During the period under review, the Special Rapporteur continued to receive complaints of alleged violations of the human rights of migrants.

15 . . . . The situations in which violations of the human rights of this group are alleged to have occurred during the period under review, giving rise to the intervention of the Special Rapporteur, include cases of:

(a) arbitrary detention;

(b) harsh detention conditions;

(c) torture and abuse during detention, including cases involving unaccompanied minors;

(d) denial of the right to consular protection for detained immigrants, even in the case of immigrants sentenced to death;

(e) deaths of immigrants in police custody;

(f) deaths as a result of the excessive use of force by members of the police and security forces;

(g) failure to provide minimum guarantees of a fair trial; (h) refoulement at the border as a result of arbitrary decisions;

(j) summary expulsions;

(k) massive deportations and violations of the human rights of deported persons;

(l) impunity for crimes committed against immigrants;

(m) gender violence.

16. In her communications to governments, the Special Rapporteur has also expressed her concern at a number of situations involving violations of the human rights of migrant workers, including:

(a) abusive working conditions imposed by employers, sometimes under conditions similar to slavery or forced labour;

(b) withholding of passports;

(c) non-payment of wages;

(d) restrictions on freedom of movement, verbal and physical abuse and precarious conditions in housing that employers may be required to provide;

(e) denial of the right of association and assembly;

(f) abuses by migrant worker recruitment agencies resulting from inadequate regulation of the sector.

30. The communications from the Special Rapporteur to governments show a steady deterioration of the human rights situation of migrants, particularly in the case of those with irregular administrative status. From the complaints of alleged human rights violations that have been received, it appears that the most frequent abuses against this group are those that occur in the context of discriminatory, xenophobic and racist practices, administrative detention of undocumented immigrants and different forms of exploitation of migrant workers. In her visits, the Special Rapporteur has noticed an increase in the pressures stemming from international migration and an aggravation of certain problems pertaining to the smuggling of migrants.

31. This situation contrasts with the scant attention given to the human rights of this very vulnerable group in debates on immigration policies.

32.  . . . . The Special Rapporteur has expressed on numerous occasions her profound concern at the denial of human rights to this group. It is of little use for a State to say that it agrees with the text of the human rights conventions when its legislation on aliens allows for discrimination in the application of those rights.

37. The increasingly prevalent and disturbing practice of administrative detention of undocumented immigrants entails the violation of the principle of nondiscrimination with regard to migrants with irregular status.

38. A State may take action against persons who enter its territory without authorization, but such measures must respect the human rights of the persons detained, regardless of their migration status.

50. The Special Rapporteur considers that there are three key factors in managing migratory flows from a human rights perspective: first, an overall, long-term view of the phenomenon that takes account of its causes and effects; second, a dialogue process that establishes an appropriate framework for adopting migration policies that place individuals and their rights at the centre of legislation; and third, migration management based on the shared responsibility of States, i.e., intergovernmental cooperation and collaboration in which States meet their obligations towards migrants properly and in which the role of States varies depending on whether they are a source, transit or destination country.

52. The scant importance given to the human rights of migrants in migration policy debates is reflected most clearly in the structure of these policies, which by  and large focus on controlling migratory flows and regulating the presence of  foreign nationals in the territory of the State, and on relations with sending States, all areas in which the human rights of immigrants are not the primary concern.

53. It is common knowledge that migratory flows generate positive effects when properly managed. International migration is a factor of economic development and social progress; however, the way in which this is formulated publicly is worrying. Politicians and the media often portray immigrants as the solution to a series of issues affecting host societies, such as lack of manpower in some sectors of the economy or problems stemming from the ageing of the population as a result of low birth rates. In accordance with this approach, migratory flows should therefore be managed on the basis of the number of immigrants "necessary" for the development of the economy of the host country. However, this instrumental view of immigration does not take into account that the reasons for migration are as many and as varied as the migrants themselves, nor does it conceive of the possibility that immigrants may wish to reside permanently in the host country. That may be why it is so difficult right now to imagine a political agenda on immigration that envisages (very necessary) discussions of the challenges posed to democracy by immigration, such as the inadequacy of the current model of citizenship. Moreover, an in-depth study should be carried out into the effects of the message being sent to the population of the host country through this political model of immigration management. The Special Rapporteur wishes to note that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopts a different approach, as it refers to migrant workers throughout as social beings with families and recognizes the important role that they play in the global economy, while emphasizing that they nonetheless belong to a highly vulnerable group.

54.  . . .  In general, there are many foreign nationals living in transit and destination countries who, despite not having a residency permit, are nonetheless employed. Such people cannot regularize their status because they work in the shadow economy, but at the same time cannot find legal employment because of their irregular administrative status.

55. The concept that immigration is a security issue has continued to gain ground since 11 September 2001 and has taken precedence over all other issues, including human rights. The erosion of rights sometimes caused by anti-terrorist measures affects immigrants in particular. The Special Rapporteur stresses that efforts to  combat terrorism and organized crime must be solidly grounded in the rule of law and respect for human rights.

59. Through a concise description of the activities carried out during the period under review, the Special Rapporteur notes a continuing deterioration in the human rights situation of migrants and in particular those with irregular administrative status. The most frequent abuses against immigrants occur in the context of discriminatory, xenophobic and racist practices, the administrative detention of undocumented immigrants, and various forms of exploitation of migrant workers.

61. The Special Rapporteur considers that traditional ways of managing migratory flows have become obsolete now that immigration takes place in the context of globalization. Up to now the management of migratory flows has been based on the logic of the nation State; however, the extraordinary compatibility between globalization and international migration has led to the failure of immigration policies based on internal security and specific economic interests. Moreover, the phenomenon of migration highlights the existence of structural problems that cannot be resolved through ad hoc measures, much less unilateral ones. The Special Rapporteur would like to point out that, as long as disparities in development persist, immigration flows to rich countries and more prosperous developing countries will continue.

64. . . .  States must ensure that their migration policies and domestic immigration laws (as well as their application) are in line with the principles laid down in international human rights law . . . .

65. The Special Rapporteur calls on Member States to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the United Nations Convention against Transnational Organized Crime, as well as its additional protocols against the smuggling of migrants and trafficking in persons. She considers that regularization processes for immigrants with irregular administrative status must be carried out with absolute respect for their human rights so that they cannot be blackmailed if regularization is left to their employers. Lastly, she urges the General Assembly to continue its work of codification of the draft articles on responsibility of States for internationally wrongful acts submitted by the International Law Commission, and urges the Commission on Human Rights to do likewise with regard to the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law.


Note by the Secretary-General
The Secretary-General has the honour to transmit to the General Assembly the report on the human rights of migrants submitted by Gabriela Rodríguez Pizarro, Special Rapporteur of the Commission on Human Rights, pursuant to General Assembly resolution 58/190 and Commission resolution 2004/53.


Fifty-ninth session Agenda item 105 (b)
Human rights questions: human rights questions, including alternative approaches for improving the effective enjoyment of human rights and fundamental freedoms

Source for data in this page:
http://www.un.org/Docs/journal/asp/ws.asp?m=A/59/377