Joint Initiative by December 18 and Migrants Rights International.

MIGRANT.NEWS, Issue 63, 4 March 2003

1. UN Commission on Human Rights 2003

The fifty-ninth session of the UN Commission on Human Rights is to be held from 17 March to 25 April 2003 at the Palais des Nations in Geneva. Item 14, Special groups and individuals including Migrant Workers, is scheduled to be discussed during the 4^th week (7 April ñ 11 April). More information can be obtained from Migrants Rights International, Genevieve Gencianos at migrantwatch@vtx.ch.

As requested in the 2002 resolutions, several reports were prepared for the upcoming session. Both the resolutions, the list of co-sponsors and the reports are available on: http://www.december18.net/unchrreports2003.htm. This page also includes links to reports on the 58th session made by IMADR and the Quaker UN Office and to the 2002 GA resolutions.

International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

In resolution 2002/54, the Commission called on States to seriously consider ratification, bearing in mind only one more ratification is needed for the Convention to enter into force. Note that there is no official deposition yet of the 20^th ratification announced by Timor Leste. The Commission requested the Secretary-General to make necessary provisions for the establishment of the committee as soon as the convention comes into force. It also welcomed the activities of the global campaign for the entry into force of the convention. Report E/CN.4/2003/80 on the Status of the Convention is available on above-mentioned web page.

Violence against women migrant workers

In resolution 2002/58, the Commission stressed that binding legal instruments are the best way to protect migrant workers and encouraged ratification of the Convention on the protection of the rights of migrant workers and the Convention against Transnational Organised Crime and its protocols on human trafficking and migrant smuggling. It also called on the Secretary General to submit to the 60th session of the UNCHR in 2004, a comprehensive follow-up report on the problem based on information received from sources including NGOs. There will be no resolution on violence against women migrant workers at the 59^th session.

Protection of migrants and their families

In resolution 2002/59, the Commission called on States to facilitate family reunification, to remove obstacles to the transfer of earnings and pensions and to give special attention to the ìlack of protection, and in some cases exploitation, of trafficked persons, smuggled migrants and domestic workersî. It urged States to eradicate impunity for xenophobic and racist acts against migrants and requested them to take measures to prevent the violation of the rights of migrants in transit, including at ports, airports and border checkpoints.

Ecuador, leading sponsor of resolution UNCHR 2002/59, and its co-sponsors agreed in point 12 of that same resolution to explore at the 59^th session of merging it with the following resolution UNCHR 2002/62 on the human rights of migrants with a view to having one resolution covering all aspects of migrant rights and their protection. The Mexican and Ecuadorian delegations in Geneva confirmed that they are working on the merge of both resolutions. No draft is made available yet. The main NGO concern for the upcoming session is that all essential issues from both resolutions should be part of the new one and that it gets at least the same number of co-sponsors.

Human rights of migrants

In resolution 2002/62, the Commission decided to extend the mandate of Special Rapporteur on the Human Rights of Migrants, Ms. Gabriela Rodriguez (Costa Rica) for another three years. Her annual report and the reports on her visits to the Philippines, Mexico and the US-Mexican border are available on above-mentioned site. The resolution also called on States to comply with the Durban declaration and to consider reviewing and revising immigration policies to eliminate discriminatory practices against migrants. It urged States to ratify the Convention against Transnational Organised Crime and the Protocol on the Smuggling of Migrants by Land, Sea and Air, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

Traffic in women and girls (under Item 12 ñ Violence against women)

Anti-Slavery International considers resolution 2002/51 on "Traffic in women and girls" to be positive because progressive language was added to the text and the number of co-sponsors for the resolution increased by 22 to a total over 100 states. The resolution has many good operative paragraphs, including ones which call on states to consider signing and ratifying the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; to focus on the protection of victims human rights; to allocate resources to programmes to assist victims; and to ensure that the treatment of victims is non-discriminatory and allows them appropriate legal redress.

Anti-Slavery's priorities for 2003 include trying to ensure that minimum standards for the support, assistance and protection of trafficked people are incorporated into national legislation and that Governments fully implement the UN High Commissioner for Human Rights' Recommended Principles and Guidelines on Human Rights and Trafficking. Their major concern is to try and prevent Governments from responding to the problem of trafficking by introducing policies which will have a negative impact on migrants, asylum seekers or other groups.

Racism, racial discrimination, xenophobia and related intolerance

In resolution 2002/68, the Commission called upon States to formulate and implement without delay the national action plans required by the Durban Declaration and Programme of Action. It also set up the Intergovernmental Working Group on the Effective Implementation of Durban. As a Special Procedure within the Commission, the Working Group is mandated to make recommendations towards the effective implementation of the Durban Declaration and Programme of Action. It also mandated to prepare complementary international standards to strengthen and update international instruments against racism, racial discrimination, xenophobia and intolerance.

This Intergovernmental Working Group is a mechanism created by the Commission on Human Rights to help strengthen implementation of Durban, in addition to the 5 Independent Eminent Experts recommended by the Conference. It will hold a parallel meeting during the Commission on 21 March, 3-6pm inside the UN.

During the 59^th Session of the United Nations Commission on Human Rights, the Steering Committee for the Global Campaign for the ratification of the UN 1990 Convention is organising a lunch meeting to highlight the importance of an international instrument for the protection of migrantsí human rights, the entry into force and how perceived obstacles to ratification can be overcome.

The meeting is scheduled on April 9^th from 1:30pm to 2:30 pm at the Palais des Nations, Geneva. Details can be obtained from the SC Secretariat, Emily Lovrien [emily-migrantwatch@vtx.ch].

2. UN Convention on the protection of the human rights of all migrant workers and their families

As there is no official deposition yet of the 20^th ratification announced by Timor Leste, we still need one more ratification for the Convention to enter into force.

We prepared a special page on the Convention, see:

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

It includes information about the Convention (articles and bibliography, mostly in English), the Drafting Working Group, the Steering Committee for the Global Campaign, new national campaigns and links to other supporters of the Convention: ex. EU Parliament, OAS, Vatican, Euro - Mediterranean Parliaments and National Institutions, political parties, etcÖ The Convention text is now online available in English, French, Spanish, Arabic, Dutch, Italian, Portugese and German. Printed English, French, Spanish and Arabic versions can be ordered for free from the UN, Contact: Ms. Emmanuelle Croset (ecroset@ohchr.org).

The printed Italian translation can be ordered from Casa dei Diritti Sociali. For details, please contact Manfred Bergman (manberg@tin.it).

The section on International Migration and Multicultural Policies of UNESCO started research on the perspectives for ratification and implementation of the UN 1990 Convention. It aims at providing scientific analysis, empirical evidence and policy recommendations to national and international policy-makers and other stakeholders in society with the objective to contribute to better policy-making on international migration and social integration in multicultural societies.

See: http://www.unesco.org/most/migration/index.htm

3. UN Special Rapporteur on the Human Rights of Migrants

Last year, the UN Special Rapporteur on the Human Rights of Migrants received an open invitation by all EU member states. She plans to visit Spain, probably in June 2003. If organisations have reports, cases or concerns which they would like to share with Gabriela Rodriguez regarding policy or practice in relation to the migrant rights in Spain and other EU member states, they can send these to webinfo@ohchr.org (please add in subject line: addressed to the SR on the HR of Migrants).

In order to raise cases, the SR developed a questionnaire to facilitate the submission. It is available in the official UN languages on http://www.unhchr.ch/html/menu2/7/b/mmig.htm

You will also find it in Italian and Creole on http://www.december18.net/UNreportingform.htm

4. Europe (see also http://www.december18.net/instrumentsregion.htm)

27/02/03 ñ Council of Europe, Parliamentary Assembly Committee on Migration: Migrantsí rights: towards a European model for managing migratory flow http://stars.coe.fr/Main.asp?link=http%3A%2F%2Fstars.coe.fr%2F%2Fcommunication%2FTemporaryDocs%2FASmig%2FGeneva1E.htm

26/02/03 - The Mission with Regional Function (MRF) for Central Europe in Vienna of the International Organization for Migration (IOM)  launched a new website on Migration in Austria and the (IOM defined) region of Central Europe (Bulgaria, Czech Republic, Poland, Romania, Slovak Republic, Slovenia).

http://www.iomvienna.at

14/02/03 ñ The European Parliament has voted on two reports easing the free movement for EU citizens, and third country nationals (TCNs) in the Union. While the first was greeted with large approval, the TCN report was hard-fought.

http://www.euractiv.com/cgi-bin/cgint.exe/3422156-440?targ=1&204&OIDN=1504628&-home=home

11/02/03 ñ Asylum is a right, economic migration is an opportunity, says Antonio Vitorino, European Commissioner for Justice and Home Affairs.

http://europa.eu.int/rapid/start/cgi/guesten.ksh?p_action.gettxt=gt&doc=SPEECH/03/71|0|RAPID&lg=EN

5. Publications

Book of Solidarity: Providing Assistance to Undocumented Migrants in Belgium, Germany, The Netherlands and the UK

The Book of Solidarity is a publication by PICUM, Platform for International Cooperation on Undocumented Migrants in Europe. The exclusion of undocumented migrants creates social problems that need a response by civil society. Many citizensí and civil organizations provide humanitarian support to undocumented migrants. The mission of this book is to highlight the manifold ways solidarity is extended to undocumented migrants. The book also focuses on the rights of help providers because of the alarming tendency to criminalize assistance to undocumented migrants. Available in English only.

Cost: 8 euro plus shipping. Visit www.picum.org for more information, or contact info@picum.org.

A World On the Move: A Report from the 2001 UN World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance; A Resource Guide on International Migrant Rights. (only in English)

A World On the Move presents a comprehensive look at the outcomes, lessons, and successes for immigrant and refugee rights from the 2001 UN World Conference Against Racism and Xenophobia. The report includes testimonies of participants in the U.S. based Migrant Rights Working Group and tips for NGOs on preparing for international conferences. This up-to-date resource kit also shares analysis of international migrant and refugee issues, with practical guides on connecting local issues with international human rights campaigns and systems. A must-have for any group thinking about immigrant and refugee rights in a global era! Available in English only.

Cost: $7.00 plus $3.00 shipping for the first report and $1.00 for each additional copy. US currency only. Visit www.nnirr.org for more information about the report, or contact echo@nnirr.org.

The Italian translation of the Declaration and Program of Action of the World Conference against Racism can be bought from Casa dei Diritti Sociali. . For details, please contact Manfred Bergman (manberg@tin.it).

6. Updates of the http://www.december18.net web site

Our site gets an average of 500 visitors/day, people interested in migrants rights issues. To share in our success, send us your new URLs, articles and list of activities.

English

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

- Flow of Immigrants into OECD Countries Continues to Rise

- The German immigration tremor: post-2000 issues & debates

- Civil enforcement, for better standards, Israel

- INS: Estimates of Unauthorized Immigrant Population in the US

- UNIFEM: Empowering women migrant workers in Jordan

- Country profile Spain: Forging an immigration policy

- German Immigration Law Clears Final Hurdle

- Germany's High Court Strikes Down Planned Immigration Law

- Latino Remittances Swell Despite US Economic Slump

- Billions in motion: Latino Immigrants, Remittances and Banking

Updated:

NGO Press releases: http://www.december18.net/pressreleases.htm

NGO Newsletters: http://www.december18.net/newsletters.htm

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

National legislation: http://www.december18.net/countrylegislation.htm

French

Articles and papers: http://www.december18.net/f-papers.htm

- Les syndicats canadiens demandent une loi pour protÈger la santÈ et la sÈcuritÈ des

travailleuses et travailleurs agricoles migrants

- Le Conseil de líEurope sur la situation des jeunes migrants en Europe

- Allemagne: Loi sur l'immigration : une nouvelle procÈdure lÈgislative est engagÈe

- Les politiques migratoires ont un rÙle prÈpondÈrant ý jouer pour gÈrer des flux

migratoires toujours croissants et renforcer l'intÈgration des immigrÈs, selon un

rapport de l'OCDE

- Parlement europÈen: Deux rapports approuvÈs sur la libre circulation des citoyens de

l'UE et des ressortissants des pays tiers dans l'Union

- LíUNESCO au secours des travailleuses migrantes chinoises

- LíHistoire díun bracero, Mexique-EU

- La dÈcision du RATP, premiËre entreprise publique ý embaucher des Ètrangers, est mal acceptÈe par certains syndicats

- CGP France: Immigration, marchÈ du travail, intÈgration

- Attac sur líimmigration

- Parcours et filiËres : Líultra-libÈralisme ý líúuvre en Italie

- Parcours et filiËres : StratÈgies roumaines

- Parcours et filiËres : Passeur et passager, deux figures insÈparables

Spanish

Articles and papers: http://www.december18.net/e-papers.htm

- Favorecen migraciones explotaciÛn de mujeres y niÒos

- CorrupciÛn oficial genera tr·fico de mujeres en MÈxico: ONU

- Sobre migraciÛn y mujer, Argentina

- Nuevas migraciones en la regiÛn de Asia y el PacÌfico: un potencial de cambio social y polÌtico.

- La ley de extranjÈria, Un fracasco?, EspaÒa

- El sistema de "cupos" o "contigentes" laborales - Area Federal de Migraciones de IU, EspaÒa

- OIT: Perspectivas sobre migraciones laborales - GlobalizaciÛn y migraciones laborales: importancia de la protecciÛn

Updated :

NGO Newsletters: http://www.december18.net/e-boletines.htm

Dutch

NGO Newsletters: http://www.december18.net/d-Nieuwsbrieven.htm

END

Spanish and French version available upon request at myriam@december18.net

Spanish version translated by Maria Ruiz, Spain and French version translated by Catherine Thomas, France.