Commission on Human Rights

MIGRANT.NEWS

Joint Initiative by December 18 and Migrants Rights International.

MIGRANT.NEWS, Issue 66, 30 April 2003

1. Special Rapporteur on the Human Rights of Migrants

At the UN Commission on Human Rights, Gabriela Rodriguez met with the member organisations of Migrants Rights International and other NGOs. She informed them that her 2004 report will focus on domestic migrant workers and invited them to provide input through a special questionnaire that soon will be made available on her web site and on the December 18 web site.

To date, no dates are confirmed for the Special Rapporteurís visit to Spain.

Reports about her previous visits to Canada (2001), Ecuador (2002), Mexico (2003), the US-Mexican border (2003) and the Philippines (2003) can be found at

http://www.december18.net/unchrreports2001.htm

http://www.december18.net/unchrreports2002.htm

http://www.december18.net/unchrreports2003.htm

The UNHCHR researcher working together with the Special Rapporteur is looking for information on Morocco. NGOs and migrant organisations are invited to send her information about the situation of migrants (both documented and undocumented, including immigrants, transiting migrants, Moroccans planning to leave and returned migrants) and their rights in that country to webinfo@ohchr.org. Please use the following form available on http://www.december18.net/UNreportingform.htm and indicate in the subject line of your email message that the info is addressed to the SR on the HR of Migrants. This reporting form is available in the six UN languages.

2. UN Commission on Human Rights 2003

The work of the UNCHR was finalised on April 25. A summary of all Item 14 reports are available on the following web page:

http://www.unhchr.ch/html/menu2/2/59chr/summary/item14.doc

Item 14. - Specific groups and individuals:
(a)       Migrant workers;
(b)       Minorities;
(c)        Mass exoduses and displaced persons;
(d)       Other vulnerable groups and individuals

Oral and written statements by NGOs and intergovernmental organizations related to Item 14 are available on http://www.december18.net

The full text of the resolutions will soon be available online at:

http://www.unhchr.ch/huridocda/huridoca.nsf/FramePage/Docs%2059CHR?OpenDocument&Start=1&Count=15&Expand=3

http://www.ohchr.org/news/Draft%20Resolutions.htm

The following information on the resolutions was received from or obtained in cooperation with the Human Rights Advocates, International Catholic Migration Commission and Migrants Rights International.

Human Rights of Migrants - sponsored by Mexico

Item 14 - Draft resolution 2003/L63 - Adopted without a vote - Final document 2003/46

The 2002 Ecuadorian resolution on the protection on migrants and their families (with a focus on social and economical rights) and the 2002 Mexican resolution on the human rights of migrants (political rights and the Special Rapporteur) were successfully merged. While some issues were further developed and in some cases the wording was improved, an additional point was added regarding respect for the human rights of migrants, when enacting national security legalisation measures. Compared to 2002, no major changes were noted among the co-sponsors, except that Portugal is no longer included to the list.

Status of the Convention on the Protection of the Human Rights of All Migrant Workers and Members of Their Families ñ sponsored by Mexico

Item 14 - Draft resolution 2003/67 ñ Adopted without a vote ñ Final document 2003/48

This resolution is usually a ëroutineí one that goes through the process without much discussion but this year, it was slightly different. While the final resolution ëacknowledges with appreciationí the upcoming entry into force of the Convention, Mexico and the countries that did ratify wanted at first ëto celebrateí the entry into force. Under pressure of mainly northern opposition, they settled for an acknowledgement. The US and Australia were in their statement concerned about the budgetary aspect of this entry into force, especially as it is servicing a limited number of States Parties. The US position vis-ý-vis UN Conventions is one in which the States Parties only should be providing the resources for the conventions they ratified. Now, all expenses related to the follow-up of Conventions fall under the general UN budget. The US reconfirmed that it will not ratify as it does not see the Migrant Workersí Convention as a valid legal framework.

Canada however stated again that it does not need this Convention as they prefer to work on the basis of long term residency. More information about the Canadian situation can be found in the following articles:

Why it makes sense for Canada to reconsider ratifying the Migrant Workers Convention by Tom Clark, 1999, see http://www.december18.net/paper12CanadaConvention.htm

You sure Know How to Pick ëEm: Human Rights and Migrant Farm Workers in Canada by Rachel Li Wai Suen, 2000, see http://www.december18.net/paper6CanadaFarm.htm

It is interesting to note that the list of co-sponsoring states went beyond those that did ratify the convention to date. The non-party states were: Bangladesh, Burkina Faso, Chile, Cuba, Democratic Republic of Congo, Equatorial Guinea, Haiti, Paraguay, Peru, Nicaragua, Timor Leste, Tunisia and Turkey. Bangladesh, Burkina Faso, Chile, Paraguay and Turkey are signatories to the Convention. A move to ratification is expected shortly by Burkina Faso.

World Conference against racism, racial discrimination, xenophobia and related intolerance and the comprehensive implementation of and follow-up to the Durban Declaration and Programme of Action ñ sponsored by South Africa

Item 6 - Draft resolution 2003/L4 ñ recorded vote: 38 yes/1 no/13 abstentions

see list of vote/country: http://www.unhchr.ch/html/menu2/2/59chr/voting23am.htm

This resolution aimed at ensuring, if not strengthening, the implementation of the WCAR. The African Group which introduced the resolution experienced a very hard time achieving consensus on the language of the draft resolution, particularly from the Western and Other Countries Group (which includes the US, Canada, Australia, and the EU). There is very low support from the EU on this resolution and in the general issue of the WCAR implementation.

The draft resolution was put to a vote, with the western and other countries, including the EU abstaining from it. Nevertheless, it got adopted. The Resolution supports the mandate of the Intergovernmental Working Group on the Effective Implementation of the WCAR and the

Experts Working Group on Peoples of African Descent for an initial period of three years. It also supports the mandate of the Special Rapporteur on contemporary forms of racism and racial discrimination. This resolution "notes with appreciation" the entry into force of the UN Migrant Workers Convention. Also here there was strong opposition from the Western and Other Countries group.

NGOs are urged to continue to push their governments to adhere to their WCAR commitments. Please send any updates about national plans of action and their implementation to Migrants Rights International at migrantwatch@vtx.ch

MRI is following up the WCAR developments at the UN level and through its partner organisations in various countries.

Protection of Human Rights and fundamental freedom while countering terrorism ñ sponsored by Mexico

Draft resolution 2003/L.094 ñ adopted without a vote

Following the 2002/57/219 UN General Assembly resolution, the Mexicans introduced a new resolution on the necessity of ensuring respect for human rights in the international campaign to eliminate the practice and threat of terrorism. This resolution passed without a vote (consensus) with many co-sponsors, this time including all EU members, Switzerland and Japan.

It could have been further strengthened with strong language regarding the non-negotiability of human rights, including protections to non-nationals, migrants and refugees. But since the resolution was newly introduced and the discussions were not easy, it was preferred to work on the initial text towards a consensus. Further development of the human rights concepts will be taken up by the NGOs at the 2004 UNCHR session.

Other resolutions

The resolution on Trafficking of women and girls sponsored by the Philippines was not presented at this session but will be every two years as of 2004. The Philippines Delegation stressed that in the meantime they would concentrate on the trafficking resolution at the forthcoming session of the General Assembly and in particular on gaining support for the proposed Year on Trafficking, as recommended at the World Conference against Racism and Racial Discrimination. For more information, please contact Mike Kaye at Anti-Slavery International. Email: m.kaye@antislavery.org - Website: http://www.antislavery.org

Economic, Social, and Cultural Rights

Adequate housing as a component on the right to an adequate standard of living

The right of everyone to the enjoyment of the highest attainable standard of physical and mental health

Human Rights and Mass Exoduses

Internally Displaced Persons

3. International Labour Conference 2004

By decision of the ILO Governing Body, the key issues of labour migration will be the main topic of the General Discussion among the 2,000-some delegates from government labour ministries and worker and employer organizations from all 175 ILO member countries at the June 2004 annual International Labour Conference. The main themes for this discussion are migration and globalization, migration policies and practices, and possible updating of relevant standards (including ILO Conventions 97 and 143, which are earlier instruments complementary to the more detailed 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families). As of this year, consultations are being conducted among the ILO constituents, both governments and social partner groupings-- employers and workers. Current regional activities on labour migration themes also serve to enhance capacity and encourage discussion of the issues to be addressed at ILC 2004.

International non-governmental organisations, other than unions, are welcome to attend the Conference, subject to prior application. NGOs should submit their request to the Director-General of the ILO. For the conditions and procedures, please check:

http://www.ilo.org/public/english/standards/relm/ilc/pdf/note.pdf

4. Publications

World Migration 2003 - IOM

To be released in June 2003. For the table of content and to order, please view http://www.december18.net/publications.htm

Immigration Law and Management in Greece - Towards an exodus from underdevelopment and a comprehensive immigration policy by Dr Nicholas Sitaropoulos

For info on the content and to order, please view http://www.december18.net/publicationsNGO.htm

Book of Solidarity by PICUM. This book aims to make visible the solidarity that is extended to undocumented migrants residing within Belgium, Germany, the United Kingdom and The Netherlands. For details and to order, please check:

http://www.picum.org/HOMEPAGE/BoS%20published.htm

5. International Calendar

For details about following events and for more events, see

http://www.december18.net/calendar.htm

To include yours, please contact at info@december18.net.

29/04/03 - Mexican migration and labour unions: obstacles to bi-national labour solidarity, San Diego, USA - http://www.ccis-ucsd.org/Programs/seminar.htm

06/05/03 - Seminar on the entry into force of the Convention for Migrants' Rights, Rome, Italy. manberg@tin.it

07-09/05/03 - I Encuentro Continental sobre GlobalizaciÛn, MigraciÛn y Refugio, Bogotý, Columbia. - http://www.vatican.va/

09/11/05/03 - La diversitÈ culturelle : un enjeu pour les quartiers ?, Geneva, Switzerland.

info@mqsj.ch

10/05/03 - Belgian Social Forum: Workshop on the UN Migrant's Rights Convention (in Dutch and French), Brussels, Belgium. - http://www.december18.net/d-frontpage.htm

12/05/03 - Remittances as a Development Tool in Ecuador, Quito, Ecuador.

http://www.iadb.org/mif/website/static/en/may12.doc

14-25/05/03 - Summer Course on Refugee Issues, Toronto, Canada.

http://www.yorku.ca/crs/

18-23/05/03 - EU-Erweiterung Anforderung an die Migrationspolitik , Berlin, Germany.

http://www.migration-online.de/beitrag.html?_=b536a6c0c0bc46bd1ad6ded0fc7acafa&id=1095

23/05/03 - Launch of the European Migration Policy Dialogue, Brussels, Belgium.

katrin@solidar.org

21-23/05/03 - Workshop on Migration and Health in Asia, Bintan, Indonesia.

http://www.populationasia.org/Migration%20and%20Health%20in%20Asia.htm

24/05/03 - 3rd Annual Undergraduate Research Conference of the Center for Comparative Immigration Studies, San Diego, USA - http://www.ccis-ucsd.org/conferences.htm

26/05/03 - International Conference on Undocumented Migrants, Brussels, Belgium

http://www.picum.org/HOMEPAGE/LabConference.htm

03-04/06/03 - Migration and Integration, Dortmund, Germany.

http://www.ibb-d.de

12-15/06/03 - Caritas Europe Migration Forum, Madrid, Spain.

bkapfer@caritas-europa.org

16-20/06/03 ñ La situation lÈgale des Ètrangers en France, Paris, France.
http://www.gisti.org

16-27/06/03 - 6th Session of the Summer Course on refugees, Strasbourg, France. http://www.iidh.org

17-24//06/03 - Migration, Race, and Ethnicity in Europe, Salzburg, Austria. www.salzburgseminar.org

18-24/06/03 ñ Summer Institute on International Migration, San Diego, USA

http://www.ccis-ucsd.org/Programs/seminar.htm

19-21/06/03 ñ Paths of integration: similarities and differences in the settlement process of immigrants in Europe, 1880-2000

http://www.imis.uni-osnabrueck.de/

20/06/03 ñ International Refugee Day

http://www.unhcr.ch

25-29/06/03

The Intercultural action in an expanding Europe ñ Developing anti-discrimination tools in a new European context, Luxemburg

http://www.unitedagainstracism.org

27-28/06/03 - Conference on Trafficking in Persons, Nottingham, UK

http://www.ccc.nottingham.ac.uk/law/hrlc

28-29/06/03 - Irregular Migration and Human Rights Conference, Leicester, UK

http://www.le.ac.uk/law/celi/migration.html

30/06-01/07-03

ILO Regional Tripartite Meeting on Challenges to Labour Migration Policy and Management in Asia, Bangkok, Thailand.
http://www.ilo.org/public/english/region/asro/bangkok/conf/index.htm

01/07/03

Entry into force of the 1990 UN Convention on the protection of the rights of all migrant workers and members of their families. This will be celebrated in Geneva and worldwide.

http://www.december18.net/calender.htm

6. Translations of MIGRANT.NEWS and the Steering Committee web site

MIGRANT.NEWS is now also available in Italian. If you wish to receive it in Italian, please send us a message to info@december18.net and write in the subject: MIGRANT.NEWS in Italian.

Also the site of the Steering Committee for the Global Campaign for the ratification of the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Family is now available in Italian.

See http://www.migrantsrights.org/index_italian.htm

Both are joint initiatives by December 18 and Casa Diritti Sociali, members of the Steering Committee for the Global Campaign and the Italian Steering Committee.

7. Update December 18 site

Photo gallery online: GO NO GO

Radio online: Migrant women in the workforce, Australia

http://www.december18.net/intro.htm

UN Commission on Human Rights page

http://www.december18.net/unchrreports2003.htm

http://www.december18.net/f-unchrreports2003.htm

http://www.december18.net/e-unchrreports2003.htm

http://www.december18.net/d-unchrreports2003.htm

http://www.december18.net/i-unchrreports2003.htm

Articles and papers

http://www.december18.net/papers.htm