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Migration, Refugees and Asylum Seekers Caucus

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MIGRATION, REFUGEES AND ASYLUM SEEKERS CAUCUS
The Working Group on Migration and Xenophobia met five times formally, and many more times informally, during the 2nd WCRX PrepCom. The Working Group, which has actually been working as a caucus as it is open to any interested NGO representatives and has no fixed membership, will be referred to in the future as the Migration, Refugees and Asylum Seekers Caucus.
The Caucus had the opportunity to meet with representatives from GRULAC (Mexico and EL Salvador), and representatives from the EU (Sweden and Germany) to discuss aspects related to the current negotiations of the WCRX Declaration and Program of Action.
Mexico, in particular, expressed concern about the language we support for inclusion in the document making specific reference to 'documented and undocumented' migrants, as this apparent dichotomy, the Mexican delegate argued, would run counter to the indivisibility, inalienability and universality of human rights. Many NGO representatives, although there was no unanimity about it, emphasized the need of making reference to the protection of undocumented migrants as they are particularly at risk of abuse and gross violations of human rights. For an in-depth analysis of the political economy of undocumented migrant workers, please read attached article by the American journalist and activist David Bacon.
Please find attached the following documents prepared by the Caucus during the 2nd PrepCom:
* Statement made at the Plenary Session dealing with the Declaration;
* Statement made at the Plenary Session dealing with the Program of Action;
* Latest version of the Lobby Document;
* Draft version of the 'ideal document' (it includes the language participating organizations in the Caucus would like to see present in the final version of the government's document);
* Adopted text as of 31 May in the Declaration and Program of Action
* Article by David Bacon on Employer Sanctions and the Political Economy of Undocumented Immigration in USA
Third PrepCom in Geneva: 30 July to 10 August
The second session of the Preparatory Committee of the forthcoming World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance (WCRX) ended 1st June 2001 in Geneva with delegates deciding to meet again at the end of July.
The Committee, which is open to all Member States of the Organization, discussed proposals for inclusion in the draft declaration and programme of action that are to be forwarded to the World Conference in Durban (31 August to 7 September) . It took two weeks for delegates to finalize a draft preamble to the Declaration and try to consolidate the draft texts before them. A group of 21 countries representing all regions will meet for the next two weeks in Geneva to continue to work on the draft documents. That session will be followed by a third meeting of the full Preparatory Committee from 30 July to 10 August.
In closing remarks, High Commissioner for Human Rights and Secretary-General of the World Conference Mary Robinson welcomed the work achieved but said progress had been worryingly slow. "Can we dare hope that the third session will manage to reach a consensus on at least 80 to 85 per cent of the proposals? I recall that I said in my opening remarks to the PrepCom that the clock is ticking. That is even more the case now and if we are to have a successful conference we must make faster and better progress", she said.

Registration of NGOs to the WCRX
All NGOs that have been accredited up till now, will have to send in the registration form for each delegate and send those, with two color passport photographs
of each member enclosed, to the UN office in Geneva before the 15th of July. You can download the registration form at <mailto:major@wcar.racism.org.za>www.unhchr.ch

NGO Forum accreditation
The deadline has been extended at least until the 30th of June. You can find the forms on the Sangoco website <mailto:major@wcar.racism.org.za>www.racism.org.za

Amendments and additions to the NGO Draft Declaration and Program of Action
Send your suggestions to Major Kobese of Sangoco at <mailto:major@wcar.racism.org.za>major@wcar.racism.org.za until June 30.

350 scholarships for NGOs attending the WCRX
The United Nations has determined that there will be 350 scholarships for NGOs who want to attend the WCRX, which will take place from 31st August to 7th September in Durban, South Africa, but cannot afford travel and accommodation. If you want to apply for a scholarship you need to have accreditation/registration at the World Conference.. You can find more information and the application form on: <http://www.unhchr.ch/html/racism/05-ngo-cnt.html>http://www.unhchr.ch/html/racism/05-ngo-cnt.html
The deadline for applications is 15 June 2001!
The International Steering Committee
It has established four themes for the NGO Forum in Durban:
* colonization
* self determination
* globalization
* institutionalization of racism.
There will be 24 commissions throughout the Forum: migration, ethnic cleansing, genocide, sexual orientation, globalization, criminal justice, reparation/compensation, Roma/travellers, Palestinians, occupied
territories, gender and slavery, et all. There will also be workshops, hearings and caucuses ( I have just sent a request to Mayor Kobese a request on behalf of the Caucus to reserve a conference room (capacity for 200 people) everyday throughout the NGO Forum from 15:00 to 17:00 with interpretation into English, French and Spanish.)

Cauco sobre Migración, Refugiados y Solicitantes de Asilo
El Grupo de Trabajo sobre Migración y Xenofobia se reunió formalmente cinco veces, y muchas más veces informalmente, durante la 2da Reunión Preparatoria la Conferencia Mundial en Contra del Racismo, Discriminación Racial,Xenofobia y Formas Conexas de Intolerancia (WCRX). El Grupo de Trabajo, que ha en realidad trabajado como un cauco ya que es abierto a todo representante de ONG interesado en el tema y además no posee una membresía fija, será designado en el futoro como Cauco sobre la Migación, Refugiados y Solicitantes de Asilo.
El Cauco tuvo la oportunidad de reunirse con representantes gubernamentales del GRULAC (México y El Salvador), y con representantes de la Unión Europea (Suecia y Alemania) para discutir aspectos de las actuales negociaciones de los documentos de la WCRX sobre la Declaración y elPrograma de Acción.
México, en particular, expresó reticencias respecto del uso del lenguaje que el Cauco apoya sobre la inclusión específica de migrantes 'documentados e indocumentados', ya que esta aparente dicotomía, según el delegado mexicano, sería contraria al carácter indivisible, inalienable e universal de los derechos humanos. Muchos representantes de ONGs, aunque no hubo unanimidad sobre el tema, expresaron la necesidad de hacer referencia a la protección de los migrantes indocumentados ya que ellos corren especialmente el riezgo de sufrir serias violaciones de derechos humanos. Para un análisis en detalle sobre la ecnomía política de los migrantes indccumentados, por favor leer el artículo aquí adosado del escritor y activista norteamericano David Bacon.
Encuentre por favor adosado los siguientes documentos que el Cauco preparó durante la 2da Reunión Preparatoria:
* Presentación oral ante el Plenario encargado de negociar la Declaración;
* Presentación oral ante el Plenario encargado de negociar el Programa de Acción;
* Versión actualizada de nuestro Documento de Presión o Cabildeo;
* Versión preliminar del documento llamado 'ideal' que contendría el lenguaje que el Cauco considera necesario sea incluido en el documento final deDurban.
* Texto adoptado por los gobiernos durante la 2da Reunión Preparatoria.
* Artículo de David Bacon sobre Sanciones a Empleadores y La Política Económica de la imigración indocumentada en los EE.UU.
Tercera Reunión Preparatoria en Ginebra: 30 de julio al 10 de agosto
La segunda sesión del Comité Preparatorio de la próxima Conferencia Mundial en Contra del Racismo, Discriminación Racial,Xenofobia y Formas Conexas de Intolerancia (WCRX) finalizó el 1ero de junio, y los delegados decidieron volver a reunirse a finales de julio.
El Comité, que es abierto a todos los estados miembros de Naciones Unidas, discutió propuestas para la inclusión de texto en la declaración y el programa de acción preliminar. Estas propuestas serán finalmente discutidas durante laConferencia Mundial en Durban (31 de agosto al 7 de septiembre). Los delegados utilizaron dos semanas para finalizar la discusión del preábulo preliminar de la Declaración e intentar consolidar los documentos preliminares. Un grupo de 21 países, con representantes de las distintas regiones del mundo, se está reuniendo en Ginebra durante las dos próximas semanas para continuar trabajando sobre los documentos preliminares. Se realizará una 3era sesión preparatoria con el plenario del Comité Preparatorio del 30 de julio al diez de agosto en Ginebra.
La Alta Comisionada para los Derechos Humanos y además Secretaria General de la Conferencia Mundial, Mary Robinson, expresó al cerrar las deliberaciones de la 2da Reunión Preparatoria satisfacción por el trabajo realizado pero indicó además preocupación por el lento progreso de las negociaciones: "Podemos atrevernos a esperar que la 3era Reunión Preparatoria podrá alcanzar un concenso en por lo menos el 80 al 85% de las propuestas? Recuerdo haber mencionado en mi intervención inicial ante esta Reunión que el tiempo estaba pasando rápidamente. Esto es especialmente relevante ahora si queremos llevar a cabo una Conferencia exitosa; lo que exige de vuestra parte un progreso en las negociaciones mejor y más rápido," dijo Mary Robinson.

Registro de las ONG a la Conferencia Mundial
Todas las ONGs que ya han recibido acreditación para la Conferencia, deberán enviar ahora formularios individuales de registro por cada delegado, junto con dos fotos color tipo pasaporte a la oficina de la ONU en Ginebra hasta el 15 de julio. El formulario de registro puede obtenerlo en:
<mailto:major@wcar.racism.org.za>www.unhchr.ch

Acreditación al Foro de ONGs en Durban
La fecha límite para el registro ha sido prolongada hasta el 30 de junio. El formulario de inscripción se encuentra en la página de Sangoco en:
<mailto:major@wcar.racism.org.za>www.racism.org.za

Correcciones y Inclusiones ante la Declaración y Programa de Acción Preliminar de las ONGs
Envíe sus sugerencias, hasta el 30 de junio, a Major Kobese a:
<mailto:major@wcar.racism.org.za>major@wcar.racism.org.za

350 Becas a ONGs interesadas en asistir a la Conferencia Mundial
Naciones Unidas proveerá 350becas a ONGs interesadas en asistir a la Conferencia Mundial en Durban del 31 de agosto al 7de septiembre pero que carecen de medios económicos para solventar los gastos de transporte y estadía. Como requisito para solicitar estas becas, vuestra organización debe estar registrada/acreditada ante la Conferencia Mundial. Para mayor información y obtener copia del formulario de solicitud de la beca, dirigirse a:
<http://www.unhchr.ch/html/racism/05-ngo-cnt.html>http://www.unhchr.ch/html/racism/05-ngo-cnt.html
La fecha límite par la solicitud de becas es el 15 de junio!

Comité Pilote Internacional
Este Comité ha establecido cuatro temas para el Foro de ONG en Durban:
* Colonización
* Auto-determinación
* Globalización
* Racismo institucional
Este Comité ha establecido también 24 comisiones, entre las que se icluyen: migración, exterminio étnico, genocidio, orientación sexual, globalización, justicia penal, reparacíón/compensación, Roma/viajeros, Palestinos/as, Territorios Ocupados, género y esclavitud. Habrán además talleres, audiencias (hearings), y reuniones de caucos (Acabo de enviar un formulario, hecha en nombre del Cauco, a Major Kobese solicitando una sala de conferencia (capacidad para 200 personas) para uso del Cauco todos los días durante el Foro de ONGs de 15:00 a 17:00 . He solicitado también interpretación al español, inglés y francés.


Suggested Language by the NGO Working Group on Migration and Xenophobia

Complete Text Version

Incorporating the

Proposed Amendments to the Draft Declaration and the Draft Programme of Action For Equality and Non-Discrimination Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance

May 31, 2001

Amendments on Working Subtitled Sections: Refugees, Immigration Policies, Migrants, and Trafficking

Note on formatting: Double strikethrough indicates suggested deletion of phrases; Bold indicates suggested addition of language; (parentheses) indicate large block deletions; italics replicate text in May 28 version

DRAFT DECLARATION

Additions to Section on Migrants in Draft Declaration

Consider that States should avoid discriminatory practices of racism, racial discrimination, xenophobia and related intolerance in employment and occupation by promoting the application and observance of international instruments and norms on workers rights, and should continue to work to protect the rights of workers who are particularly vulnerable to racism, racial discrimination, xenophobia and related intolerance. (Santiago Declaration, paragraph. 50.)

(Text is from PC.2/27, New 85, page 43, and in Draft Programme of Action, May 25, New 85, page 61)

Note with concern the manifestations and acts of racism, racial discrimination, xenophobia and other forms of related intolerance against documented and undocumented migrants and as are the stereotypes usually applied to them and stress the need for their fair, just and equitable treatment in the society and in the work place; (OP7bis4)

 

DRAFT PROGRAMME OF ACTION

Victims of Racism, Racial Discrimination, Xenophobia and Related Intolerance

Sub-title: Refugees

Paragraph 3 (page 28)

  1. The World Conference urges [Governments] and States:

g) bis To comply with their obligations relating to the protection and promotion of the human rights of refugees, asylum seekers and internally displaced persons; and comply with their obligations under international human rights, refugee, and humanitarian law in protecting refugees and other forced migrants, including internally displaced persons, recalling that persecution on account of race is one of the grounds of persecution recognized in international refugee law; and take seriously their humanitarian obligations, without discriminating among the different regions of the world, with regard to the principles of international protection, international cooperation and burden sharing.

[inserted language is New 136 b (page 80 of PC2/27) and 136c (page 80 of PC2/27), missing from May 28, 2001 draft]

Paragraph 63 (page 28)

  1. States should fulfill their legal humanitarian obligation UNDER THE 1951 CONVENTION RELATING TO THE STATUS OF REFUGEES, THE 1967 PROTOCAL AND OTHER REGIONAL REFUGEE INSTRUMENTS AND States should take seriously their LEGAL humanitarian obligations/commitments regarding the protection and assistance needs of refugees and internally displaced persons, without discriminating between/among the different regions of the world, with regard to and in keeping with the principles of international solidarity, the principles of international protection and international cooperation to share responsibilities, and burden-sharing/responsibility sharing and the resettlement of refugees in their countries. Regional Conference, Dakar (POASecr)
  2. Paragraph 63bis (page 28)

    Keep

    63bis Expressing its deep concern over the severity of humanitarian sufferings of affected civilian population, the World Conference requests the relevant international institutions to continue rendering urgent financial and humanitarian assistance to populations expelled from their homes and calls for enabling the refugees and internally displaced persons to return to their homes voluntarily, in safety and dignity.

    Paragraph 64 (page 29)

    Keep

  3. The World Conference urges States to recognize the different barriers that refugees and immigrants face as they endeavour to participate in the economic, social, political, and cultural life of their countries and encourages States to develop strategies to facilitate inter alia the long term integration of these persons into their new countries of residence and the full enjoyment by them of their human rights in consultation with the UNHCR and other organizations as appropriate. Regional Conference, Santiago Cf. Regional Conference, Dakar (POASecr)

Paragraph 65 (page 29)

  1. Special attention should be given to the violations of the human rights of refugees in refugee camps and detention centers. Notes in this regard that, in the absence of effective protection measures, In these places women and girls are often vulnerable to who are bereft of effective protection often face particular problems. Under these circumstances, women and girls are often subjected to sexual or other assaults or other forms of violence. The World Conference urges States, in collaboration with the UNHCR and other relevant organizations as appropriate to take effective steps to protect internally displaced or refugee women and girls from violence and to investigate any such violations and bring those responsible to justice (Canada). Expert seminar on remedies, Geneva (POASecr)

ADD FOLLOWING TEXT:

  1. The world conference urges [governments) and states:

(g) The World Conference urges Governments to monitor and ensure/ pay increased attention to the non-discriminatory/ fair and equitable treatment of migrants and refugees/ non-nationals regardless of their status, including asylum seekers and refugee, as well as members of minority groups detained by public authorities. Specifically these detainees should receive effective legal assistance and, where appropriate, the assistance of a competent interpreter. This should happen at all stages of their detention, particularly during interrogation; (POASecr)

[Added text is PARAGRAHPH 3 (g) ON DETENTION FROM SUB-SECTION ON MIGRANTS, PAGE 33, May 28 draft]

ADD FOLLOWING TEXT:

New 141 The World Conference….. furthermore recognizes the effect arbitrary detention of asylum-seekers and undocumented persons MIGRANTS REGARDLESS OF THEIR STATUS has on growth of a climate of xenophobia. The World Conference calls for all measures relating to asylum-seekers and refugees to be fully in accordance with the 1951 Convention and the 1967 Protocol relating to the Status of Refugees. (Mexico)

[ADDED TEXT FROM LAST TWO SENTENCES OF PARAGRAPH NEW 141 ON DETENTION FROM SUB-SECTION ON MIGRANTS, PAGE 35, May 28 draft]

ADD FOLLOWING TEXT:

New 143 The World Conference underlines that family reunification has a positive effect on integration and calls upon States to facilitate family reunion, with due regard to the need for an independent status on the part of family members. The World Conference urges all States to grant asylum-seekers, refugees and migrants access to basic economic and social rights. (Mexico)

[Added text from paragraph 143 on Family Reunification from sub-section on migrants, page 35]

New 152 (page 29)

The World Conference recalls that human rights and fundamental freedoms apply to all persons on territories of all states, irrespective of their nationality or legal status. The World Conference further calls for all measures relating to asylum-seekers and refugees to be fully in accordance with the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. All countries that have maintained a geographical limitation incompatible with the intention of the 1967 Protocol should withdraw it. The principle of non-refoulement must be scrupulously observed. The World Conference urges all States to grant asylum-seekers, refugees and internally displaced persons access to economic, social and cultural rights in accordance with international human rights obligations; (European Union)

New 153 (page 29)

Keep

The World Conference notes with concern that racism, racial discrimination and related intolerance are among the causes which compel people to leave their countries of origin and seek asylum abroad ;

NOTES on Sub-section on Refugees

  • There should be more explicit language added on COMPLIANCE with and ACCESSION to 1951 Refugee Convention, 1967 Protocol and regional refugee instruments.

  • There should be more explicit references to NON-REFOULEMENT and NON-DISCRIMINATION as fundamental principles of refugee protection.

  • THE RIGHT TO SEEK AND ENJOY ASYLUM should be clearly stated

 

 

Victims of Racism, Racial Discrimination, Xenophobia and Related Intolerance

Sub-title: Immigration Policies

New 52 (page 30)

Delete

[New 52 is duplicated in 3bis (page 34)]

Urge all States to revise their immigration policies and practices in order to eliminate any policy or practice that discriminates against migrants in a manner incompatible with their obligations under international human rights instruments, including excessive use of force. Also urge that it should be ensured that police and immigration authorities respect the standards regarding dignified and non-discriminatory treatment of migrants, among other aspects, through specialized training courses for administrators, police officers, immigration officials and other interested groups, stressing the importance of effective action to create conditions that will promote greater harmony and respect between societies;

New 133 (page 30)

Delete

[Language in New 133 is duplicated in New 141 (page 35) and New 143 (page 35)]

The World Conference calls upon the States to promote the positive aspects of immigration among the general public, including by stressing the value of diversity and the contribution made by migrants to society. The World Conference notes that undue stress on restrictive admission/immigration policies may produce negative stereotyping and thus adversely affect persons belonging to targeted groups and the integration of non-nationals. It underlines that promoting the social inclusion of migrants is the key instrument in combating racism, racial discrimination, xenophobia and related intolerance. It further underlines that family reunification has a positive effect on integration and calls upon states to facilitate family reunion, with due regard to the need for an independent status on the part of family members;

New 134 (page 30)

Delete

The World Conference recognizes that orderly migration can provide a benefit to all our societies.

New 135 (page 30)

The World Conference reaffirms the sovereign right of each urges States, in formulating legal frameworks and policies for migration, including the granting of permissions to migrants to enter, stay, or engage in economic activity, to do so in the context of applicable international human rights instruments and domestic human rights and labor laws in protecting the rights of migrants and their families.

[Added text is New 136(a) (page 80, PC.2/27)]

Sub-Title: Migrants

New 50 (page 31)

Keep

Request all States to condemn any proposal that would lead to a generalized rejection of migrants and actively to discourage all racist demonstrations that generate negative feelings of rejection against migrants;

New 51 (page 31)

Urge states, non-governmental organizations, and civil society to include monitoring and protection of the human rights of migrants within their programmes and activities and to make support and encourage non-governmental organizations and civil society efforts to sensitize Governments and public opinion about the need to prevent and punish unlawful acts based on racism, racial discrimination, xenophobia, and related intolerance;)

New 53 (page 31)

Keep

Request States to promote and protect effectively the human rights and fundamental freedoms of all migrants as reflected in the Universal Declaration of Human Rights and the international human rights instruments to which they are parties; also to furnish information and education on those rights and to adopt and promote integration policies;

New 54 (page 31)

Request States to participate in an ongoing regional dialogue on problems of migration and call on them to negotiate bilateral, and regional agreements on migrant workers in compliance with international human rights instruments, and to promote contracts with States of other regions to protect the rights of migrants from the Americas;

New 56 (page 31)

Reiterate the need for all States to provide full protection for the universally recognized human rights of migrants, and in particular those of women, children and detainees regardless of their legal immigration status, and to treat them with humanity with respect to legal protection and, where appropriate, material assistance;

[deletion of ‘detainees’ is covered in New 94.3.g (page 33)]

 

 

 

 

New 57 (page 31)

Keep

Urge States to seek full respect for, and compliance with, the 1963 Vienna Convention on Consular Relations, especially as it relates to the right of foreign nationals, regardless of their immigration status, to communicate with a consular officer of their own State in the case of arrest or detention;

New 58 (page 31)

Delete

[New 58 is duplicate of Paragraph 55 (page 36)]

Invite States to promote the study and adoption of an integral, objective and long-term approach to all phases and aspects of migration, that will deal effectively with both its causes and manifestations and pay special attention to the prevention and punishment of illegal acts motivated by racism, racial discrimination, xenophobia and related intolerance, wherever they may occur;

New 59 (page 32)

Keep

Request the Office of the United Nations High Commissioner for Human Rights to pay special attention to violations of the human rights of migrants, to promote international cooperation in combating xenophobia and, to this end, develop programmes which can be applied in the countries on the basis of appropriate cooperation agreements;

New 60 (page 32)

Keep

Call upon international organizations having areas dealing specifically with migration issues to exchange information and coordinate their activities on matters involving discrimination and xenophobia against migrants, with the support of the Office of the United Nations High Commissioner for Human Rights;

New 61 (page 32)

Invite States and regional American organizations to consider the question of the recognition of the professional and technical work of migrants, with a view to recognizing their contribution in their new countries of residence;

New 62 (page 32)

Invite states to consider, as a matter of priority, signing, ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990);

New 63 (page 32)

[Added text is from paragraph 57 (page 37) and new 67 (page 32), which should be deleted after this text is combined with this paragraph]

Countries receiving migrants, asylum seekers and refugees should strengthen training and awareness-raising activities designed for State personnel, immigration officials, border police, staff of migrant detention centres, especially the police and other civil servants in charge of enforcing laws, as well as teachers and local authorities, in order to prevent racial conflicts acts of racism, racial discrimination, xenophobia, and related intolerance.

New 65 (page 32)

Delete

[Text in New 65 is duplicate of 55 (page 36)]

The World Conference recommends that further studies be conducted on how racism, racial discrimination, xenophobia and related intolerance are reflected in laws, policies, institutions and practices and how this has contributed to the vulnerability, victimization and exclusion of migrants, especially women and children.

New 67 (page 32)

Delete

[New 67 is duplicated by 57 (page 37), which has been combined with New 63, above.]

The World Conference recommends the training of immigration officials, border police and staff of migrant detention centres in human rights, especially the human rights of migrants, in order to avoid situations where prejudices lead to decisions based on. and acts of, racism, xenophobia and discrimination.

New 93 (page 33)

Delete

[Subject matter of this paragraph is covered more precisely by New 131 (page 34) and New 142 (page 35)]

Recommend that host countries for migrants consider the provision of adequate services in the areas of health, education and accommodation as a matter of priority in their cooperation measures with the United Nations agencies, the Organization of American States and international financial bodies and also request that these agencies should provide an adequate response to such requests;

New 94 (page 33)

Keep

Invite the international institutions to study the causes of migrations in specific cases and to cooperate with the countries of origin in addressing the causes of migratory flows; (GRULAC)

New 94.3.f (page 33)

The World Conference Urges Governments to ensure the development of specific measures concerning migrants and refugees/non-nationals, which actively involve the host society and non-nationals in integration programmes and encourage respect for cultural diversity, to promote their fair treatment for non-nationals and to facilitate where appropriate their integration into social, cultural, political and economic life

New 94.3.g (page 33)

Keep and replicate in section on refugees

3. The World Conference urges [Governments] and States;

(g) The World Conference urges Governments to monitor and ensure/pay increased attention to the non-discriminatory/fair and equitable treatment of migrants and refugees/non-nationals regardless of their status, including asylum seekers and refugees, as well as members of minority groups detained by public authorities. Specifically, these detainees should receive effective legal assistance and, where appropriate, the assistance of a competent interpreter. This should happen of all stages of their detention, particularly during interrogation; (POASecr)

3 bis (page 34)

Keep

Urge States to revise their immigration laws, policies and practices to eliminate any discrimination against migrants in a manner incompatible consistent with their obligation under international human rights instruments…

[Inserted text includes language from 54 bis, "laws" and from New 52 "practices," which were are duplicated in 3 bis).

13bis 1 (page 34)

Delete

[55 (page 32) is the same as 13bis1, thus delete 13 bis1]

Recommends that further studies be conducted on how racism, racial discrimination, xenophobia and related intolerance are reflected in laws, policies, institutions and practices and how this has contributed to the vulnerability, victimisation and exclusion of migrants, especially women and children.

13bis3 (page 34)

Keep

Calls for studies to address the effects of economic globalization on migration trends and the resurgence of racism, racial discrimination, xenophobia and related intolerance.

New 131 (page 34)

The World Conference calls upon urges all States to establish national programs to provide full protection for the universally recognized human rights of migrants regardless of their immigration status, and to give them legal protection and, where appropriate, material assistance, including health care, education, the right to housing, as well as access to other social and economic rights, bearing in mind a gender-perspective;

[Inserted text includes language from new 93 (page 33) and new 142 (page 35)]

New 132 (page 34)

The World Conference calls on States to take or reinforce preventive measures to combat discrimination, intolerance, xenophobia, and acts of violence against migrants, persons of migrant origin and foreign workers. Special attention should be given to protecting foreign domestic workers from discrimination and violence, as well as combating prejudice against them

New 137 (page 34)

Delete

The World Conference recognizes that documented long-term resident migrants should have the same economic opportunity and bear equivalent responsibilities, corresponding appropriately to non-citizens, as other members of society. (USA)

New 140 (page 34)

Keep

The World Conference condemns manifestations and acts of racism, racial discrimination, xenophobia and related intolerance that may take place against migrants and emphasizes the need for a fair, just and equitable treatment to them in the society and at the place of work; (India)

New 141 (page 35)

The World Conference calls upon States to promote the positive aspects of immigration among the general public, including by stressing the value of diversity and the contribution made by migrants asylum seekers and refugees to society. It underlies that promoting the social inclusion of migrants asylum seekers and refugees is a key instrument in combating racism, xenophobia and related intolerance. The World Conference notes that undue stress on restrictive admission/immigration policies may produce negative stereotyping and thus adversely affect persons belonging to targeted groups and the integration of non-nationals. (It furthermore recognizes the effect arbitrary detention of asylum-seekers and undocumented persons migrants regardless of their status has on growth of a climate of xenophobia. The World Conference calls for all measures relating to asylum seekers and refugees to be fully in accordance with the 1951 Convention and the 1967 Protocol relating to the Status of Refugees.)

[Remove bracketed section, as modified, to grouping on refugees]

New 142 (page 35)

Delete

The World Conference urges States to establish national programs to promote access, without any discrimination of migrants (and other racial, national, cultural and linguistic groups or minorities and indigenous populations, where they exist) to basic social services including primary education and basic health care. (Mexico)

[Intent of language covered in edited New 131 (page 34)]

New 143 (page 35)

Keep and replicate in section on refugees

The World Conference underlines that family reunification has a positive effect on integration and calls upon States to facilitate family reunion, with due regard to the need for an independent status on the part of family members. The World Conference urges all States to grant to asylum-seekers, refugees and migrants access to basic economic and social rights. (Mexico)

New 144, 145 (page 35)

Keep

The World Conference urges States to specifically include prohibition of direct and indirect discrimination on grounds of actual or presumed nationality or national origin in civil, administrative and labour law to combat effectively discrimination against non-nationals, particularly migrant workers and refugees. National anti-discrimination legislation should specifically include access to and provision for effective judicial, administrative and other remedies for non-citizens. (Mexico)

New 147 (page 36)

Keep

The World Conference calls upon States to reinforce and implement preventive measures to combat intolerance and acts of violence directed against migrants, persons of migrant origin and resident foreign workers and to promote the participation of these groups in the decision-making processes in society. (Mexico)

54bis (page 36)

Delete

The World Conference calls upon the Governments to review their existing immigration laws to be free of racial discrimination and urges states to fully respect human rights of migrants, with or without legal status; (European Union)

[Intent of 54 bis is covered in 3bis (page 34)

54bis7 (page 36)

Delete:

The World Conference urges States to provide for integration programs for migrants.

[intent of 54bis7 is covered by New 94.3.f (page 33)]

54bis8 (page 36)

Delete:

The World Conference urges States to fully respect all human rights implications for migrants with or without legal status.

[intent of 54bis8 is covered by New 53 (page 31) and New 131 (page 34)]

Paragraph 55 (page 36)

Keep

[Delete New 58 (page 31), New 65 (page 32), 13 bis 1 (page 34) and 55 bis 2 (page 36).]

[The World Conference recommends that further studies be conducted on how racism, racial discrimination, xenophobia and related intolerance may be/are reflected in laws, policies, institutions and practices and how this may have/has contributed to the vulnerablilty, victimization and exclusion of migrants, especially women and children.] The World Conference invites States to promote the study and adoption of an integral, objective and long-term approach to all phases and aspects of migration, that will deal effectively with both its causes and manifestations and pay special attention to the prevention and punishment of illegal acts motivated by racism, racial discrimination, xenophobia, and related intolerance.

Paragraph 55bis1

Keep

The World Conference, concerned by the situation of all migrants and members of their families, encourages States to develop policies and action plans to foster greater harmony and tolerance between migrant workers and host societies with the aim of eliminating the growing manifestations of racism, racial discrimination, xenophobia and related intolerance perpetrated in many societies by individuals or groups and directed towards migrant workers and their families.

55bis2 (page 36)

Delete

[55bis2 is duplicate of paragraph 55 (page 36)]

The World Conference invites States to promote the study and adoption of an integral, objective and long-term approach to all phases and aspects of migration, that will deal effectively with both its causes and manifestations and pay special attention to the prevention and punishment of illegal acts motivated by racism, racial discrimination, xenophobia and related intolerance, wherever they may occur.

56bis (page 37)

The World Conference urges States to support or otherwise establish national, bilateral, regional, and international comprehensive dialogues on migration that focus not only on law enforcement and border control, but also on the promotion and protection of the human rights of migrants and on the relationship between migration and development. The World Conference calls upon States to involve civil society in these dialogues.

56bis1 (page 37)

The World Conference urges States to consider adopting and implementing immigration policies and programmes that would enable immigrant women and children who are victims of spousal or domestic violence to free themselves from abusive relationships. These policies could, for example, allow abused immigrant women to file for immigration relief legal immigration status without their abuser’s knowledge and give them the ability to cooperate with law enforcement to prosecute the abusers.

Paragraph 57 (page 37)

Delete

[intent of Paragraph 57is same as New 67 (page 32), which was merged with merged with New 63 (page 32)]

[The World Conference recommends the training of immigration officials, border police and staff of migrant detention centers in human rights, especially the human rights of migrants, in order to avoid situations where prejudices lead to decisions based on acts of racism, racial discrimination, xenophobia and discrimination and related intolerance.]

New 150 (page 37)

Delete

[New 150 is a duplicate of New 60 (page 32)

Calls upon international organizations dealing specifically with migration issues to exchange information and coordinate their activities on matters involving discrimination and xenophobia against migrants, with the support of the Office of the United Nations High Commissioner for Human Rights.

Paragraph 86 (page 37)

The World Conference urges States to design, promote and implement effective legislative and administrative policies against the serious situation experienced by migrant certain groups of workers including migrant workers, who are vulnerable to racism, racial discrimination, xenophobia and related intolerance, including persons involved in prostitution and others who may be exploited or victims of illegal trafficking.

Paragraph 95bis1 (page 37)

Keep

The World Conference requests States to take measures to ensure that migrant workers and members of their families enjoy all human rights, particularly those related to fair remuneration, pensions, access to education, social services and protection of culture irrespective of their race, colour, descent, ethnic origin, gender, religion or political affiliation.

Other Edits:

  • Place New 151 (page 86 doc/26) in page 79 of new Draft Programme of Action "MEASURES OF PREVENTION, EDUCATION...." Under Section "C. International Level" page 79.

  • Add as a new paragraph suggested by the Special Rapporteur on the Human Rights of Migrants, Gabriela Rodriguez Pizarro, in the Section MEASURES OF PREVENTION, EDUCATION…:

Urge States to reject legislation, political platforms, practices and organizations based on xenophobic principles. The World Conference reaffirms that the promotion of xenophobic ideas and the stigmatization of migrants, refugees and asylum seekers by public authorities, institutions, the media, political parties or national and local organizations, violate the human rights of migrants, refugees and asylum seekers and should be declares offences punished by law.

 

 

 

Sub-Title: Trafficking

New 55 (page 42)

Delete

Encourage those Member States that have not yet done so, to enact and implement, as the case may be, laws against trafficking in persons and smuggling of migrants; and to take into account, in particular, practices that endanger their lives or leads to various kinds of servitude and exploitation, such as debt bondage, slavery and sexual or labour exploitation, and to reinforce bilateral, regional and international cooperation to combat this traffic

[text in new 55 is covered in 58]

New 68 (page 42)

Delete

The World Conference encourages those Member States that have not yet done so to enact and implement, as appropriate, laws against trafficking in and smuggling of migrants, and to take into account, in particular, practices that endanger their lives or lead to various kinds of servitude and exploitation, such as debt bondage, slavery and sexual or labour exploitation, and to reinforce bilateral, regional and international cooperation to combat this traffic.

[text in new 68 is covered in 58]

New 58 (page 42)

[The World Conference encourages/ urges those Member States that have not yet done so to enact and implement, as appropriate, laws against trafficking in and smuggling of migrants, and to take into account, in particular, policies, practices that endanger their lives or lead to various kinds of servitude and exploitation, such as debt bondage, slavery and sexual or labour exploitation, and to reinforce bilateral, sub-regional, regional and international cooperation, including with non-governmental organizations that assist victims to combat this traffic.]

New proposed paragraph (taken from New 58, second part)

The World Conference urges those states that have not yet done so to sign and ratify the UN convention against transitional organized crime and its protocol to prevent, suppress and punish trafficking in persons, especially in women and children, in order to end practices that lead to various kinds of servitude and exploitation, such as debt bondage, slavery and sexual or labour exploitation (European Union). Regional Conference, Santiago (POASecr)

New 71 (page 42)

Delete

The World Conference encourages all States to develop bilateral and cross-border cooperation to eliminate trafficking in persons.

[text in New 71 is covered in 55, 68, 58]

54bis2 (page 42)

Keep

The World Conference encourages Governments (States) to conclude bilateral, sub-regional, regional and international agreements to address the problem of trafficking in women and children, in particular girls. (Philippines)

[Although 54bis2 is covered in 58 the particular focus on gender and children in 54bis 2 means that it should be kept]

59, (page 42)
Delete

[The World Conference encourages/urges all states to develop bilateral and cross-border, multilateral, and regional cooperation to eliminate trafficking in persons and smuggling of migrants.]

[text in 59 is covered in paragraph 58]

New 147 (page 43)

Delete

The World Conference calls upon States to reinforce and implement preventive measures to combat intolerance and acts of violence directed against migrants, persons of migrant origin and resident foreign workers and to promote the participation of these groups in the decision-making processes in society.

[covered under Sub-section: Migrants, page 36]

New 64 (page 43)

The World Conference encourages all States to develop national laws that deal with trafficking in persons, and to allocate resources to ensure law enforcement and the creation of access to adequate judicial institutions to deal with trafficking cases. States should be further encouraged to create inter-ministerial task forces or national focal points to combat trafficking in persons. to assist victims of trafficking.

New 69 (page 43)

Delete

The World Conference urges States to take special measures to ensure that every child, woman and man is registered and issued with legal identity documents to reduce the incidence of statelessness and trafficking. This preventive measure would protect individuals and gain them access to available legal procedures and remedies and development opportunities.

[already covered in paragraph 60]

60 (page 43)

The World Conference urges States to take special measures to ensure that every child, woman and man is all individuals especially women and children are registered and issued with/ has access to appropriate national [legal identity] documents to reduce the incidence of statelessness and trafficking. [This preventive measure would], in order to protect individuals and gain them access to available legal procedures and remedies and development opportunities.]/ The World Conference urges States to ensure that all persons have the necessary documentation and/ or registration to enable them to access available legal procedures, remedies and development opportunities. (European Union). (POASecr) (NB: many asylum seekers are forced to flee their countries without documentation. These provisions should in no way impede the fundamental right of any individual to seek and enjoy asylum. Article 31 of the 1951 Refugee prohibits the punishment of refugees who arrive in a territory without authorization – this includes the arbitrary detention of asylum seekers who arrive without valid documentation.)

New 70, (page 43)

Keep

States should encourage the business sector, in particular the tourist industry and Internet providers, to develop codes of conduct with a view to protecting trafficked persons, especially those in prostitution, against gender-based and racial discrimination and promoting their rights, dignity and security. States should encourage the establishment of independent civil society committees to monitor compliance with such codes of conduct.

 

61, (page 43)

States should encourage the business sector, in particular the tourist industry and Internet providers, [to develop codes of conduct with a view to protecting trafficked persons with a view to prevent trafficking in persons and protect the victims of such traffic, especially those in prostitution, against gender-based and racial discrimination and promoting their rights, dignity and security. States should encourage the establishment of independent civil society committees to monitor compliance with such codes of conduct/ educate themselves on the global phenomenon of trafficking in migrants, and on the protection needs of trafficked persons, so as to avoid the risk of unwittingly participating in illegal activities].

New 72, (page 44)

Keep

The World Conference recommends that the General Assembly declare a United Nations Year or Decade against Trafficking in Persons, especially in Women and Children.

 

62, (page 44)

Delete

The World Conference recommends that the General Assembly declare a year or decade against trafficking in persons, especially women and children.

(covered by New 72)

 

54, (page 44)

Delete

[The World Conference encourages/urges all states to develop national laws that deal with trafficking in persons, and to allocate resources to ensure law enforcement and the creation of adequate judicial institutions to deal with trafficking cases. States should be further encouraged to create as appropriate inter-ministerial task forces or national focal points to combat trafficking in persons.]

[Covered in New 64]

54bis1 (page 44)

Keep

The World Conference calls upon Governments (States) to criminalize trafficking in women and children in all its forms and to condemn and penalize traffickers and intermediaries, while ensuring protection and assistance to the victims of trafficking with full respect for their human rights.

 

54bis3 (page 44)

Keep

The World Conference encourages Governments (States) in co-operation with non-governmental organizations, to undertake campaigns aimed at clarifying opportunities, limitations and rights in the event of migration so as to enable women to make informed decisions and to prevent them from becoming victims of trafficking.

54bis5 (page 44)

Keep

The World Conference urges States to take or strengthen measures, including through bilateral or multilateral co-operation, to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.

 

54bis4 (page 44)

Keep

The World Conference calls upon concerned Governments (States) to allocate resources, as appropriate, to provide comprehensive programmes designed to heal and rehabilitate into society victims of trafficking, including through job training, legal assistance and health care, and by taking measures to co-operate with non-governmental organizations to provide for the social, medical and psychological care of the victims.

 

54bis6 (page 45)

The World Conference urges States to provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting on the protection of the rights of victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child – and gender-sensitive issues and it should encourage co-operation with non-governmental organizations, other relevant organizations and other elements of civil society. (Philippines)

New 148, (page 45)

The World Conference urges states to devise, enforce and strengthen effective measures at the national, regional and international level to prevent, combat and eliminate all forms of trafficking in women and children, in particular girls, through comprehensive anti-trafficking strategies which include legislative measures, prevention campaigns, information exchange, assistance and protection for and reintegration of the victims and prosecution of all offenders involved, including intermediaries; (European Union)

59 bis (page 45)

Delete

The World Conference calls on states to devise, enforce and strengthen effective measures to combat and eliminate all forms of trafficking in women and girls through a comprehensive anti-trafficking strategy consisting of, inter alia, legislative measures, prevention campaigns, information exchange, assistance and protection for and reintegration of the victims and prosecution of all the offenders involved, including intermediaries.

[covered in paragraph New 148]

 

Notes on Trafficking:

  • The right of trafficked persons to seek asylum or legal status should be recognized in the text.






Suggested Language by the NGO Working Group on Migration and Xenophobia

Complete Text Version

Incorporating the

Proposed Amendments to the Draft Declaration and the Draft Programme of Action For Equality and Non-Discrimination Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance

May 31, 2001

Amendments on Working Subtitled Sections: Refugees, Immigration Policies, Migrants, and Trafficking

Note on formatting: Double strikethrough indicates suggested deletion of phrases; Bold indicates suggested addition of language; (parentheses) indicate large block deletions; italics replicate text in May 28 version

DRAFT DECLARATION

Additions to Section on Migrants in Draft Declaration

Consider that States should avoid discriminatory practices of racism, racial discrimination, xenophobia and related intolerance in employment and occupation by promoting the application and observance of international instruments and norms on workers rights, and should continue to work to protect the rights of workers who are particularly vulnerable to racism, racial discrimination, xenophobia and related intolerance. (Santiago Declaration, paragraph. 50.)

(Text is from PC.2/27, New 85, page 43, and in Draft Programme of Action, May 25, New 85, page 61)

Note with concern the manifestations and acts of racism, racial discrimination, xenophobia and other forms of related intolerance against documented and undocumented migrants and as are the stereotypes usually applied to them and stress the need for their fair, just and equitable treatment in the society and in the work place; (OP7bis4)

 

DRAFT PROGRAMME OF ACTION

Victims of Racism, Racial Discrimination, Xenophobia and Related Intolerance

Sub-title: Refugees

Paragraph 3 (page 28)

  1. The World Conference urges [Governments] and States:

g) bis To comply with their obligations relating to the protection and promotion of the human rights of refugees, asylum seekers and internally displaced persons; and comply with their obligations under international human rights, refugee, and humanitarian law in protecting refugees and other forced migrants, including internally displaced persons, recalling that persecution on account of race is one of the grounds of persecution recognized in international refugee law; and take seriously their humanitarian obligations, without discriminating among the different regions of the world, with regard to the principles of international protection, international cooperation and burden sharing.

[inserted language is New 136 b (page 80 of PC2/27) and 136c (page 80 of PC2/27), missing from May 28, 2001 draft]

Paragraph 63 (page 28)

  1. States should fulfill their legal humanitarian obligation UNDER THE 1951 CONVENTION RELATING TO THE STATUS OF REFUGEES, THE 1967 PROTOCAL AND OTHER REGIONAL REFUGEE INSTRUMENTS AND States should take seriously their LEGAL humanitarian obligations/commitments regarding the protection and assistance needs of refugees and internally displaced persons, without discriminating between/among the different regions of the world, with regard to and in keeping with the principles of international solidarity, the principles of international protection and international cooperation to share responsibilities, and burden-sharing/responsibility sharing and the resettlement of refugees in their countries. Regional Conference, Dakar (POASecr)
  2. Paragraph 63bis (page 28)

    Keep

    63bis Expressing its deep concern over the severity of humanitarian sufferings of affected civilian population, the World Conference requests the relevant international institutions to continue rendering urgent financial and humanitarian assistance to populations expelled from their homes and calls for enabling the refugees and internally displaced persons to return to their homes voluntarily, in safety and dignity.

    Paragraph 64 (page 29)

    Keep

  3. The World Conference urges States to recognize the different barriers that refugees and immigrants face as they endeavour to participate in the economic, social, political, and cultural life of their countries and encourages States to develop strategies to facilitate inter alia the long term integration of these persons into their new countries of residence and the full enjoyment by them of their human rights in consultation with the UNHCR and other organizations as appropriate. Regional Conference, Santiago Cf. Regional Conference, Dakar (POASecr)

Paragraph 65 (page 29)

  1. Special attention should be given to the violations of the human rights of refugees in refugee camps and detention centers. Notes in this regard that, in the absence of effective protection measures, In these places women and girls are often vulnerable to who are bereft of effective protection often face particular problems. Under these circumstances, women and girls are often subjected to sexual or other assaults or other forms of violence. The World Conference urges States, in collaboration with the UNHCR and other relevant organizations as appropriate to take effective steps to protect internally displaced or refugee women and girls from violence and to investigate any such violations and bring those responsible to justice (Canada). Expert seminar on remedies, Geneva (POASecr)

ADD FOLLOWING TEXT:

  1. The world conference urges [governments) and states:

(g) The World Conference urges Governments to monitor and ensure/ pay increased attention to the non-discriminatory/ fair and equitable treatment of migrants and refugees/ non-nationals regardless of their status, including asylum seekers and refugee, as well as members of minority groups detained by public authorities. Specifically these detainees should receive effective legal assistance and, where appropriate, the assistance of a competent interpreter. This should happen at all stages of their detention, particularly during interrogation; (POASecr)

[Added text is PARAGRAHPH 3 (g) ON DETENTION FROM SUB-SECTION ON MIGRANTS, PAGE 33, May 28 draft]

ADD FOLLOWING TEXT:

New 141 The World Conference….. furthermore recognizes the effect arbitrary detention of asylum-seekers and undocumented persons MIGRANTS REGARDLESS OF THEIR STATUS has on growth of a climate of xenophobia. The World Conference calls for all measures relating to asylum-seekers and refugees to be fully in accordance with the 1951 Convention and the 1967 Protocol relating to the Status of Refugees. (Mexico)

[ADDED TEXT FROM LAST TWO SENTENCES OF PARAGRAPH NEW 141 ON DETENTION FROM SUB-SECTION ON MIGRANTS, PAGE 35, May 28 draft]

ADD FOLLOWING TEXT:

New 143 The World Conference underlines that family reunification has a positive effect on integration and calls upon States to facilitate family reunion, with due regard to the need for an independent status on the part of family members. The World Conference urges all States to grant asylum-seekers, refugees and migrants access to basic economic and social rights. (Mexico)

[Added text from paragraph 143 on Family Reunification from sub-section on migrants, page 35]

New 152 (page 29)

The World Conference recalls that human rights and fundamental freedoms apply to all persons on territories of all states, irrespective of their nationality or legal status. The World Conference further calls for all measures relating to asylum-seekers and refugees to be fully in accordance with the 1951 Convention relating to the Status of Refugees and its 1967 Protocol. All countries that have maintained a geographical limitation incompatible with the intention of the 1967 Protocol should withdraw it. The principle of non-refoulement must be scrupulously observed. The World Conference urges all States to grant asylum-seekers, refugees and internally displaced persons access to economic, social and cultural rights in accordance with international human rights obligations; (European Union)

New 153 (page 29)

Keep

The World Conference notes with concern that racism, racial discrimination and related intolerance are among the causes which compel people to leave their countries of origin and seek asylum abroad ;

NOTES on Sub-section on Refugees

  • There should be more explicit language added on COMPLIANCE with and ACCESSION to 1951 Refugee Convention, 1967 Protocol and regional refugee instruments.

  • There should be more explicit references to NON-REFOULEMENT and NON-DISCRIMINATION as fundamental principles of refugee protection.

  • THE RIGHT TO SEEK AND ENJOY ASYLUM should be clearly stated

 

 

Victims of Racism, Racial Discrimination, Xenophobia and Related Intolerance

Sub-title: Immigration Policies

New 52 (page 30)

Delete

[New 52 is duplicated in 3bis (page 34)]

Urge all States to revise their immigration policies and practices in order to eliminate any policy or practice that discriminates against migrants in a manner incompatible with their obligations under international human rights instruments, including excessive use of force. Also urge that it should be ensured that police and immigration authorities respect the standards regarding dignified and non-discriminatory treatment of migrants, among other aspects, through specialized training courses for administrators, police officers, immigration officials and other interested groups, stressing the importance of effective action to create conditions that will promote greater harmony and respect between societies;

New 133 (page 30)

Delete

[Language in New 133 is duplicated in New 141 (page 35) and New 143 (page 35)]

The World Conference calls upon the States to promote the positive aspects of immigration among the general public, including by stressing the value of diversity and the contribution made by migrants to society. The World Conference notes that undue stress on restrictive admission/immigration policies may produce negative stereotyping and thus adversely affect persons belonging to targeted groups and the integration of non-nationals. It underlines that promoting the social inclusion of migrants is the key instrument in combating racism, racial discrimination, xenophobia and related intolerance. It further underlines that family reunification has a positive effect on integration and calls upon states to facilitate family reunion, with due regard to the need for an independent status on the part of family members;

New 134 (page 30)

Delete

The World Conference recognizes that orderly migration can provide a benefit to all our societies.

New 135 (page 30)

The World Conference reaffirms the sovereign right of each urges States, in formulating legal frameworks and policies for migration, including the granting of permissions to migrants to enter, stay, or engage in economic activity, to do so in the context of applicable international human rights instruments and domestic human rights and labor laws in protecting the rights of migrants and their families.

[Added text is New 136(a) (page 80, PC.2/27)]

Sub-Title: Migrants

New 50 (page 31)

Keep

Request all States to condemn any proposal that would lead to a generalized rejection of migrants and actively to discourage all racist demonstrations that generate negative feelings of rejection against migrants;

New 51 (page 31)

Urge states, non-governmental organizations, and civil society to include monitoring and protection of the human rights of migrants within their programmes and activities and to make support and encourage non-governmental organizations and civil society efforts to sensitize Governments and public opinion about the need to prevent and punish unlawful acts based on racism, racial discrimination, xenophobia, and related intolerance;)

New 53 (page 31)

Keep

Request States to promote and protect effectively the human rights and fundamental freedoms of all migrants as reflected in the Universal Declaration of Human Rights and the international human rights instruments to which they are parties; also to furnish information and education on those rights and to adopt and promote integration policies;

New 54 (page 31)

Request States to participate in an ongoing regional dialogue on problems of migration and call on them to negotiate bilateral, and regional agreements on migrant workers in compliance with international human rights instruments, and to promote contracts with States of other regions to protect the rights of migrants from the Americas;

New 56 (page 31)

Reiterate the need for all States to provide full protection for the universally recognized human rights of migrants, and in particular those of women, children and detainees regardless of their legal immigration status, and to treat them with humanity with respect to legal protection and, where appropriate, material assistance;

[deletion of ‘detainees’ is covered in New 94.3.g (page 33)]

 

 

 

 

New 57 (page 31)

Keep

Urge States to seek full respect for, and compliance with, the 1963 Vienna Convention on Consular Relations, especially as it relates to the right of foreign nationals, regardless of their immigration status, to communicate with a consular officer of their own State in the case of arrest or detention;

New 58 (page 31)

Delete

[New 58 is duplicate of Paragraph 55 (page 36)]

Invite States to promote the study and adoption of an integral, objective and long-term approach to all phases and aspects of migration, that will deal effectively with both its causes and manifestations and pay special attention to the prevention and punishment of illegal acts motivated by racism, racial discrimination, xenophobia and related intolerance, wherever they may occur;

New 59 (page 32)

Keep

Request the Office of the United Nations High Commissioner for Human Rights to pay special attention to violations of the human rights of migrants, to promote international cooperation in combating xenophobia and, to this end, develop programmes which can be applied in the countries on the basis of appropriate cooperation agreements;

New 60 (page 32)

Keep

Call upon international organizations having areas dealing specifically with migration issues to exchange information and coordinate their activities on matters involving discrimination and xenophobia against migrants, with the support of the Office of the United Nations High Commissioner for Human Rights;

New 61 (page 32)

Invite States and regional American organizations to consider the question of the recognition of the professional and technical work of migrants, with a view to recognizing their contribution in their new countries of residence;

New 62 (page 32)

Invite states to consider, as a matter of priority, signing, ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990);

New 63 (page 32)

[Added text is from paragraph 57 (page 37) and new 67 (page 32), which should be deleted after this text is combined with this paragraph]

Countries receiving migrants, asylum seekers and refugees should strengthen training and awareness-raising activities designed for State personnel, immigration officials, border police, staff of migrant detention centres, especially the police and other civil servants in charge of enforcing laws, as well as teachers and local authorities, in order to prevent racial conflicts acts of racism, racial discrimination, xenophobia, and related intolerance.

New 65 (page 32)

Delete

[Text in New 65 is duplicate of 55 (page 36)]

The World Conference recommends that further studies be conducted on how racism, racial discrimination, xenophobia and related intolerance are reflected in laws, policies, institutions and practices and how this has contributed to the vulnerability, victimization and exclusion of migrants, especially women and children.

New 67 (page 32)

Delete

[New 67 is duplicated by 57 (page 37), which has been combined with New 63, above.]

The World Conference recommends the training of immigration officials, border police and staff of migrant detention centres in human rights, especially the human rights of migrants, in order to avoid situations where prejudices lead to decisions based on. and acts of, racism, xenophobia and discrimination.

New 93 (page 33)

Delete

[Subject matter of this paragraph is covered more precisely by New 131 (page 34) and New 142 (page 35)]

Recommend that host countries for migrants consider the provision of adequate services in the areas of health, education and accommodation as a matter of priority in their cooperation measures with the United Nations agencies, the Organization of American States and international financial bodies and also request that these agencies should provide an adequate response to such requests;

New 94 (page 33)

Keep

Invite the international institutions to study the causes of migrations in specific cases and to cooperate with the countries of origin in addressing the causes of migratory flows; (GRULAC)

New 94.3.f (page 33)

The World Conference Urges Governments to ensure the development of specific measures concerning migrants and refugees/non-nationals, which actively involve the host society and non-nationals in integration programmes and encourage respect for cultural diversity, to promote their fair treatment for non-nationals and to facilitate where appropriate their integration into social, cultural, political and economic life

New 94.3.g (page 33)

Keep and replicate in section on refugees

3. The World Conference urges [Governments] and States;

(g) The World Conference urges Governments to monitor and ensure/pay increased attention to the non-discriminatory/fair and equitable treatment of migrants and refugees/non-nationals regardless of their status, including asylum seekers and refugees, as well as members of minority groups detained by public authorities. Specifically, these detainees should receive effective legal assistance and, where appropriate, the assistance of a competent interpreter. This should happen of all stages of their detention, particularly during interrogation; (POASecr)

3 bis (page 34)

Keep

Urge States to revise their immigration laws, policies and practices to eliminate any discrimination against migrants in a manner incompatible consistent with their obligation under international human rights instruments…

[Inserted text includes language from 54 bis, "laws" and from New 52 "practices," which were are duplicated in 3 bis).

13bis 1 (page 34)

Delete

[55 (page 32) is the same as 13bis1, thus delete 13 bis1]

Recommends that further studies be conducted on how racism, racial discrimination, xenophobia and related intolerance are reflected in laws, policies, institutions and practices and how this has contributed to the vulnerability, victimisation and exclusion of migrants, especially women and children.

13bis3 (page 34)

Keep

Calls for studies to address the effects of economic globalization on migration trends and the resurgence of racism, racial discrimination, xenophobia and related intolerance.

New 131 (page 34)

The World Conference calls upon urges all States to establish national programs to provide full protection for the universally recognized human rights of migrants regardless of their immigration status, and to give them legal protection and, where appropriate, material assistance, including health care, education, the right to housing, as well as access to other social and economic rights, bearing in mind a gender-perspective;

[Inserted text includes language from new 93 (page 33) and new 142 (page 35)]

New 132 (page 34)

The World Conference calls on States to take or reinforce preventive measures to combat discrimination, intolerance, xenophobia, and acts of violence against migrants, persons of migrant origin and foreign workers. Special attention should be given to protecting foreign domestic workers from discrimination and violence, as well as combating prejudice against them

New 137 (page 34)

Delete

The World Conference recognizes that documented long-term resident migrants should have the same economic opportunity and bear equivalent responsibilities, corresponding appropriately to non-citizens, as other members of society. (USA)

New 140 (page 34)

Keep

The World Conference condemns manifestations and acts of racism, racial discrimination, xenophobia and related intolerance that may take place against migrants and emphasizes the need for a fair, just and equitable treatment to them in the society and at the place of work; (India)

New 141 (page 35)

The World Conference calls upon States to promote the positive aspects of immigration among the general public, including by stressing the value of diversity and the contribution made by migrants asylum seekers and refugees to society. It underlies that promoting the social inclusion of migrants asylum seekers and refugees is a key instrument in combating racism, xenophobia and related intolerance. The World Conference notes that undue stress on restrictive admission/immigration policies may produce negative stereotyping and thus adversely affect persons belonging to targeted groups and the integration of non-nationals. (It furthermore recognizes the effect arbitrary detention of asylum-seekers and undocumented persons migrants regardless of their status has on growth of a climate of xenophobia. The World Conference calls for all measures relating to asylum seekers and refugees to be fully in accordance with the 1951 Convention and the 1967 Protocol relating to the Status of Refugees.)

[Remove bracketed section, as modified, to grouping on refugees]

New 142 (page 35)

Delete

The World Conference urges States to establish national programs to promote access, without any discrimination of migrants (and other racial, national, cultural and linguistic groups or minorities and indigenous populations, where they exist) to basic social services including primary education and basic health care. (Mexico)

[Intent of language covered in edited New 131 (page 34)]

New 143 (page 35)

Keep and replicate in section on refugees

The World Conference underlines that family reunification has a positive effect on integration and calls upon States to facilitate family reunion, with due regard to the need for an independent status on the part of family members. The World Conference urges all States to grant to asylum-seekers, refugees and migrants access to basic economic and social rights. (Mexico)

New 144, 145 (page 35)

Keep

The World Conference urges States to specifically include prohibition of direct and indirect discrimination on grounds of actual or presumed nationality or national origin in civil, administrative and labour law to combat effectively discrimination against non-nationals, particularly migrant workers and refugees. National anti-discrimination legislation should specifically include access to and provision for effective judicial, administrative and other remedies for non-citizens. (Mexico)

New 147 (page 36)

Keep

The World Conference calls upon States to reinforce and implement preventive measures to combat intolerance and acts of violence directed against migrants, persons of migrant origin and resident foreign workers and to promote the participation of these groups in the decision-making processes in society. (Mexico)

54bis (page 36)

Delete

The World Conference calls upon the Governments to review their existing immigration laws to be free of racial discrimination and urges states to fully respect human rights of migrants, with or without legal status; (European Union)

[Intent of 54 bis is covered in 3bis (page 34)

54bis7 (page 36)

Delete:

The World Conference urges States to provide for integration programs for migrants.

[intent of 54bis7 is covered by New 94.3.f (page 33)]

54bis8 (page 36)

Delete:

The World Conference urges States to fully respect all human rights implications for migrants with or without legal status.

[intent of 54bis8 is covered by New 53 (page 31) and New 131 (page 34)]

Paragraph 55 (page 36)

Keep

[Delete New 58 (page 31), New 65 (page 32), 13 bis 1 (page 34) and 55 bis 2 (page 36).]

[The World Conference recommends that further studies be conducted on how racism, racial discrimination, xenophobia and related intolerance may be/are reflected in laws, policies, institutions and practices and how this may have/has contributed to the vulnerablilty, victimization and exclusion of migrants, especially women and children.] The World Conference invites States to promote the study and adoption of an integral, objective and long-term approach to all phases and aspects of migration, that will deal effectively with both its causes and manifestations and pay special attention to the prevention and punishment of illegal acts motivated by racism, racial discrimination, xenophobia, and related intolerance.

Paragraph 55bis1

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The World Conference, concerned by the situation of all migrants and members of their families, encourages States to develop policies and action plans to foster greater harmony and tolerance between migrant workers and host societies with the aim of eliminating the growing manifestations of racism, racial discrimination, xenophobia and related intolerance perpetrated in many societies by individuals or groups and directed towards migrant workers and their families.

55bis2 (page 36)

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[55bis2 is duplicate of paragraph 55 (page 36)]

The World Conference invites States to promote the study and adoption of an integral, objective and long-term approach to all phases and aspects of migration, that will deal effectively with both its causes and manifestations and pay special attention to the prevention and punishment of illegal acts motivated by racism, racial discrimination, xenophobia and related intolerance, wherever they may occur.

56bis (page 37)

The World Conference urges States to support or otherwise establish national, bilateral, regional, and international comprehensive dialogues on migration that focus not only on law enforcement and border control, but also on the promotion and protection of the human rights of migrants and on the relationship between migration and development. The World Conference calls upon States to involve civil society in these dialogues.

56bis1 (page 37)

The World Conference urges States to consider adopting and implementing immigration policies and programmes that would enable immigrant women and children who are victims of spousal or domestic violence to free themselves from abusive relationships. These policies could, for example, allow abused immigrant women to file for immigration relief legal immigration status without their abuser’s knowledge and give them the ability to cooperate with law enforcement to prosecute the abusers.

Paragraph 57 (page 37)

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[intent of Paragraph 57is same as New 67 (page 32), which was merged with merged with New 63 (page 32)]

[The World Conference recommends the training of immigration officials, border police and staff of migrant detention centers in human rights, especially the human rights of migrants, in order to avoid situations where prejudices lead to decisions based on acts of racism, racial discrimination, xenophobia and discrimination and related intolerance.]

New 150 (page 37)

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[New 150 is a duplicate of New 60 (page 32)

Calls upon international organizations dealing specifically with migration issues to exchange information and coordinate their activities on matters involving discrimination and xenophobia against migrants, with the support of the Office of the United Nations High Commissioner for Human Rights.

Paragraph 86 (page 37)

The World Conference urges States to design, promote and implement effective legislative and administrative policies against the serious situation experienced by migrant certain groups of workers including migrant workers, who are vulnerable to racism, racial discrimination, xenophobia and related intolerance, including persons involved in prostitution and others who may be exploited or victims of illegal trafficking.

Paragraph 95bis1 (page 37)

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The World Conference requests States to take measures to ensure that migrant workers and members of their families enjoy all human rights, particularly those related to fair remuneration, pensions, access to education, social services and protection of culture irrespective of their race, colour, descent, ethnic origin, gender, religion or political affiliation.

Other Edits:

  • Place New 151 (page 86 doc/26) in page 79 of new Draft Programme of Action "MEASURES OF PREVENTION, EDUCATION...." Under Section "C. International Level" page 79.

  • Add as a new paragraph suggested by the Special Rapporteur on the Human Rights of Migrants, Gabriela Rodriguez Pizarro, in the Section MEASURES OF PREVENTION, EDUCATION…:

Urge States to reject legislation, political platforms, practices and organizations based on xenophobic principles. The World Conference reaffirms that the promotion of xenophobic ideas and the stigmatization of migrants, refugees and asylum seekers by public authorities, institutions, the media, political parties or national and local organizations, violate the human rights of migrants, refugees and asylum seekers and should be declares offences punished by law.

 

 

 

Sub-Title: Trafficking

New 55 (page 42)

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Encourage those Member States that have not yet done so, to enact and implement, as the case may be, laws against trafficking in persons and smuggling of migrants; and to take into account, in particular, practices that endanger their lives or leads to various kinds of servitude and exploitation, such as debt bondage, slavery and sexual or labour exploitation, and to reinforce bilateral, regional and international cooperation to combat this traffic

[text in new 55 is covered in 58]

New 68 (page 42)

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The World Conference encourages those Member States that have not yet done so to enact and implement, as appropriate, laws against trafficking in and smuggling of migrants, and to take into account, in particular, practices that endanger their lives or lead to various kinds of servitude and exploitation, such as debt bondage, slavery and sexual or labour exploitation, and to reinforce bilateral, regional and international cooperation to combat this traffic.

[text in new 68 is covered in 58]

New 58 (page 42)

[The World Conference encourages/ urges those Member States that have not yet done so to enact and implement, as appropriate, laws against trafficking in and smuggling of migrants, and to take into account, in particular, policies, practices that endanger their lives or lead to various kinds of servitude and exploitation, such as debt bondage, slavery and sexual or labour exploitation, and to reinforce bilateral, sub-regional, regional and international cooperation, including with non-governmental organizations that assist victims to combat this traffic.]

New proposed paragraph (taken from New 58, second part)

The World Conference urges those states that have not yet done so to sign and ratify the UN convention against transitional organized crime and its protocol to prevent, suppress and punish trafficking in persons, especially in women and children, in order to end practices that lead to various kinds of servitude and exploitation, such as debt bondage, slavery and sexual or labour exploitation (European Union). Regional Conference, Santiago (POASecr)

New 71 (page 42)

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The World Conference encourages all States to develop bilateral and cross-border cooperation to eliminate trafficking in persons.

[text in New 71 is covered in 55, 68, 58]

54bis2 (page 42)

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The World Conference encourages Governments (States) to conclude bilateral, sub-regional, regional and international agreements to address the problem of trafficking in women and children, in particular girls. (Philippines)

[Although 54bis2 is covered in 58 the particular focus on gender and children in 54bis 2 means that it should be kept]

59, (page 42)
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[The World Conference encourages/urges all states to develop bilateral and cross-border, multilateral, and regional cooperation to eliminate trafficking in persons and smuggling of migrants.]

[text in 59 is covered in paragraph 58]

New 147 (page 43)

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The World Conference calls upon States to reinforce and implement preventive measures to combat intolerance and acts of violence directed against migrants, persons of migrant origin and resident foreign workers and to promote the participation of these groups in the decision-making processes in society.

[covered under Sub-section: Migrants, page 36]

New 64 (page 43)

The World Conference encourages all States to develop national laws that deal with trafficking in persons, and to allocate resources to ensure law enforcement and the creation of access to adequate judicial institutions to deal with trafficking cases. States should be further encouraged to create inter-ministerial task forces or national focal points to combat trafficking in persons. to assist victims of trafficking.

New 69 (page 43)

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The World Conference urges States to take special measures to ensure that every child, woman and man is registered and issued with legal identity documents to reduce the incidence of statelessness and trafficking. This preventive measure would protect individuals and gain them access to available legal procedures and remedies and development opportunities.

[already covered in paragraph 60]

60 (page 43)

The World Conference urges States to take special measures to ensure that every child, woman and man is all individuals especially women and children are registered and issued with/ has access to appropriate national [legal identity] documents to reduce the incidence of statelessness and trafficking. [This preventive measure would], in order to protect individuals and gain them access to available legal procedures and remedies and development opportunities.]/ The World Conference urges States to ensure that all persons have the necessary documentation and/ or registration to enable them to access available legal procedures, remedies and development opportunities. (European Union). (POASecr) (NB: many asylum seekers are forced to flee their countries without documentation. These provisions should in no way impede the fundamental right of any individual to seek and enjoy asylum. Article 31 of the 1951 Refugee prohibits the punishment of refugees who arrive in a territory without authorization – this includes the arbitrary detention of asylum seekers who arrive without valid documentation.)

New 70, (page 43)

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States should encourage the business sector, in particular the tourist industry and Internet providers, to develop codes of conduct with a view to protecting trafficked persons, especially those in prostitution, against gender-based and racial discrimination and promoting their rights, dignity and security. States should encourage the establishment of independent civil society committees to monitor compliance with such codes of conduct.

 

61, (page 43)

States should encourage the business sector, in particular the tourist industry and Internet providers, [to develop codes of conduct with a view to protecting trafficked persons with a view to prevent trafficking in persons and protect the victims of such traffic, especially those in prostitution, against gender-based and racial discrimination and promoting their rights, dignity and security. States should encourage the establishment of independent civil society committees to monitor compliance with such codes of conduct/ educate themselves on the global phenomenon of trafficking in migrants, and on the protection needs of trafficked persons, so as to avoid the risk of unwittingly participating in illegal activities].

New 72, (page 44)

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The World Conference recommends that the General Assembly declare a United Nations Year or Decade against Trafficking in Persons, especially in Women and Children.

 

62, (page 44)

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The World Conference recommends that the General Assembly declare a year or decade against trafficking in persons, especially women and children.

(covered by New 72)

 

54, (page 44)

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[The World Conference encourages/urges all states to develop national laws that deal with trafficking in persons, and to allocate resources to ensure law enforcement and the creation of adequate judicial institutions to deal with trafficking cases. States should be further encouraged to create as appropriate inter-ministerial task forces or national focal points to combat trafficking in persons.]

[Covered in New 64]

54bis1 (page 44)

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The World Conference calls upon Governments (States) to criminalize trafficking in women and children in all its forms and to condemn and penalize traffickers and intermediaries, while ensuring protection and assistance to the victims of trafficking with full respect for their human rights.

 

54bis3 (page 44)

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The World Conference encourages Governments (States) in co-operation with non-governmental organizations, to undertake campaigns aimed at clarifying opportunities, limitations and rights in the event of migration so as to enable women to make informed decisions and to prevent them from becoming victims of trafficking.

54bis5 (page 44)

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The World Conference urges States to take or strengthen measures, including through bilateral or multilateral co-operation, to alleviate the factors that make persons, especially women and children, vulnerable to trafficking, such as poverty, underdevelopment and lack of equal opportunity.

 

54bis4 (page 44)

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The World Conference calls upon concerned Governments (States) to allocate resources, as appropriate, to provide comprehensive programmes designed to heal and rehabilitate into society victims of trafficking, including through job training, legal assistance and health care, and by taking measures to co-operate with non-governmental organizations to provide for the social, medical and psychological care of the victims.

 

54bis6 (page 45)

The World Conference urges States to provide or strengthen training for law enforcement, immigration and other relevant officials in the prevention of trafficking in persons. The training should focus on methods used in preventing such trafficking, prosecuting the traffickers and protecting on the protection of the rights of victims, including protecting the victims from the traffickers. The training should also take into account the need to consider human rights and child – and gender-sensitive issues and it should encourage co-operation with non-governmental organizations, other relevant organizations and other elements of civil society. (Philippines)

New 148, (page 45)

The World Conference urges states to devise, enforce and strengthen effective measures at the national, regional and international level to prevent, combat and eliminate all forms of trafficking in women and children, in particular girls, through comprehensive anti-trafficking strategies which include legislative measures, prevention campaigns, information exchange, assistance and protection for and reintegration of the victims and prosecution of all offenders involved, including intermediaries; (European Union)

59 bis (page 45)

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The World Conference calls on states to devise, enforce and strengthen effective measures to combat and eliminate all forms of trafficking in women and girls through a comprehensive anti-trafficking strategy consisting of, inter alia, legislative measures, prevention campaigns, information exchange, assistance and protection for and reintegration of the victims and prosecution of all the offenders involved, including intermediaries.

[covered in paragraph New 148]

 

Notes on Trafficking:

  • The right of trafficked persons to seek asylum or legal status should be recognized in the text.






Statement by the NGO Working Group on Migration and Xenophobia to the World Conference Against Racism, Xenophobia, and Related Intolerance

STATEMENT

Plenary on the Declaration

I speak on behalf of the NGO Working Group on Migration and Xenophobia. Xenophobia, in support of the human rights of migrants, refugees, asylum seekers against the scourge of xenophobia, racism, racial discrimination, and intolerance. Most human rights violations against migrants occur in the context of discriminatory, racist, and xenophobic policies and practices. We encourage states to adopt language that supports the following principles, to protect the rights of all migrants, refugees, asylum seekers, and displaced persons, whether documented or undocumented.

We call for:

  • The ratification, accession to, and compliance with the UN International Convention for the Protection of the Rights of All Migrants and Members of their Families, as well as the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol;.
  • The removal of all reservations to the International Convention for the Elimination of All Forms of Racial Discrimination and the ratification or the accession to all international instruments for the protection of human rights;
  • The recognition of migrants, refugees, and asylum seekers as victims of racism and xenophobia;
  • The recognition of the positive economic and cultural contributions of migration to both countries of origin and destination;
  • The review and rejection of policies and practices that contribute to the continued stigmatization of migrants, refugees and asylum seekers, that poses significant barriers to equality and enfranchisement for immigrants,
  • The development and implementation of programs to regularize the status of all migrant workers and their families;

Specifically, we recommend that the World Conference make the following changes to the Declaration:

  • Consider that States should avoid discriminatory practices of racism, racial discrimination, xenophobia, and related intolerance in employment and occupation by promoting the application and observance of international instruments and norms on workers rights, and should continue to work to protect the rights of workers who are particularly vulnerable to racism, racial discrimination, xenophobia, and related intolerance.
  • Note with concern the manifestations and acts of racism, racial discrimination, xenophobia, and other forms of related intolerance against documented and undocumented migrants and as are the stereotypes usually applied to them and stress the need for the fair, just and equitable treatment in the society and in the work place.

 

Thank you, Mr. Chairman.

Presented by Glory Kelanko,

National Network for Immigrant and Refugee Rights, USA

WCRX, 2nd PrepCom, Geneva, 30 May 2001





Statement by the NGO Working Group on Migration and Xenophobia to the World Conference Against Racism, Xenophobia, and Related Intolerance

STATEMENT

Plenary on the Program of Action

I speak on behalf of the NGO Working Group on Migration and Xenophobia. Xenophobia, racism, discrimination and related acts of intolerance against migrants, refugees, asylum seekers, and displaced persons are a serious form of contemporary racism. Most human rights violations against migrants occur in the context of discriminatory, racist, and xenophobic policies and practices. We encourage states to adopt language that supports the rights of all migrants, refugees, asylum seekers, and displaced persons regardless of their status. Migrants, refugees, asylum seekers and displaced persons all experience common forms of racism and xenophobia, often resulting in acts of violence against them. At the same time, these groups are also subject to different forms of racist and xenophobic discrimination, and have specific needs that should be reflected by the World Conference in its Program of Action.

In particular:

  • We welcome the inclusion of xenophobia in this World Conference, as it is one of the most serious forms of contemporary racism. Migrants, refugees, asylum seekers and displaced persons are particularly subject to xenophobia and acts of xenophobic violence, and the World Conference should specifically address this in the Program of Action.
  • The World Conference should reaffirm and further all protections for migrants, refugees, asylum seekers, and displaced persons endorsed by the First and Second World Conferences to Combat Racism and Racial Discrimination, particularly with recognition of the rights of documented and undocumented migrants, and the right to family reunification.
  • The trafficking of persons entails serious human rights violations. Trafficked persons face multiple forms of discrimination on the grounds of race, nationality, ethnic origin, gender, and immigration status. The World Conference should seek to promote and protect the human rights of trafficked persons, and should not be used as an opportunity to further law enforcement and control mechanisms.

 

Thank you, Mr. Chairman.

Presented by Tirso Moreno,

Farm Workers Network (U.S.A.)

WCRX, 2nd PrepCom, Geneva, 31 May 2001





NGO Contribution to the debate on the Asylum-Migration Nexus

UNHCR Global Consultations on Refugee Protection

 

 

1. International migration is a fact of life and will increase in the future.

We live in a world where people cross national borders for many reasons. Some are forced to flee their communities because of persecution and violence. Others are forced to leave because they can no longer survive at home because of economic or environmental disasters. Still others migrate because they hope for better economic prospects or to reunite with family members. While the cornerstone of globalization has been the increased international flow of trade, capital, information, and services, the right to freedom of movement for many people – especially poor migrants, refugees and asylum seekers – has been severely curtailed. Governments in both North and South have become more active in trying to limit the movement of people into their territories. But in spite of governmental efforts to control migration, international migration – particularly irregular migration --continues to rise. Indications are that in our globalizing world, the pressures for migration will further increase in the years to come. The causes of migration are rooted in the dozens of conflicts around the world as well as the underside of globalization – the growing disparity between rich and poor resulting from the inequitable allocation of resources. Until the international community is prepared to tackle the fundamental causes of violence and inequality, migration will continue.

2. The international response to migration has focused on one particular group of forced migrants: refugees.

Fifty years ago, the international community developed a particular regime to respond to one group of forced migrants: refugees. This international refugee regime includes a common definition of the people of concern, proscribes certain standards for their treatment through an international convention, and recognizes an international agency to protect and assist refugees. Undergirding this international refugee regime was a consensus that individuals fleeing persecution (as defined by the convention) required protection. This regime also includes protections guaranteed under other instruments, particularly with respect to non-refoulement, such as ICCPR Article 7; ECHR Article 3, etc.

This system has been far from perfect and the present Global Consultations on Refugee Protection are intended to identify gaps in the 1951 Convention and to move towards common interpretation of the convention as well as to reaffirm the convention. We believe that the international system of refugee protection, and particularly the institution of asylum, need to be upheld and strengthened to ensure that all those in need of protection are able to find it. The reality is that there are still many people in the world in need of protection from persecution and war who continue to live in fear and uncertainty.

 

3. The international community has yet to develop a comprehensive framework for international migration.

While the international community has developed a substantive agreement in the area of refugee protection, there is as yet no comparable internationally-agreed consensus on protecting and promoting the basic human rights of the world’s estimated 150 million international migrants. There is as yet no international convention proscribing standards for treatment of migrants, although migrants are entitled to many rights deriving from the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights (ICESCR), the European Convention on Human Rights (ECHR), International Labor Organization (ILO) agreements and conventions, etc. But these rights remain ad hoc and often are not respected by governments, particularly in the case of irregular migrants. The one over-arching human rights instrument specifically focusing on migrants -- the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families -- has yet to come into force.

The International Organization for Migration has a mandate to facilitate orderly migration, but has not yet come to assume an oversight role for international migration. There is no international migration regime, nor an international consensus on the responsibility of states to respond to migration in an agreed-upon manner. The incipient migrants’ rights movement has not yet been able to mobilize the resources or the energy to put the issue of migrants’ rights high on the international agenda.

4. Migration and asylum have become mixed in the public mind because of the lack of a comprehensive approach to migration.

Sometimes the motivation for migration is clear. People flee violence and persecution and seek protection in another country. Others seek to improve their standard of living by finding a better-paying job in another country. But sometimes the motivations for migration are not so obvious and political and economic motives are mixed. The economic disparities which create migration flows can also lead to civil conflict, thus ultimately creating refugee flows. The situation is further complicated by the fact that many governments do not provide legal means for people to enter their countries to work although many countries rely heavily on the work of migrants in positions that their nationals cannot or will not take (e.g. the three Ds – dirty, dangerous and degrading work.) Thus, the incentive for migrating exists in the lure of safety and jobs -- any jobs -- and the fact that many countries do in fact rely upon a certain amount of "illegal labor." Governments thus tolerate migration flows that bring them cheap, needed labor but then exercise their prerogative to expel so-called labor migrants – often without procedural or other rights protections – when they are finished with them. Governments do provide a safety net for one type of migrant, however – asylum procedures for those fleeing persecution. Thus, economic migrants may apply for asylum because there is no other way to enter the country legally. However, as asylum procedures have become more restrictive, many with genuine reasons to seek asylum do not avail themselves of this possibility because they are convinced that they won’t be successful or because growing restrictions on movement, inadequate housing, and lack of permission to work for asylum-seekers forces many to make the more rational decision to "go underground" to provide adequate income for their families.

Growing numbers of undocumented migrants in Western countries have led governments to try to fortify their borders and deter people from entering. When borders become more difficult to cross, desperate people turn to traffickers and smugglers to enter other countries. As legal avenues for migration remain closed and the asylum system remains under fire, people will resort to illegal and dangerous means of entry via smugglers and traffickers. Restrictive immigration and asylum policies themselves have contributed to a rise in trafficking and smuggling of migrants and refugees. The growth of trafficking and smuggling gives rise in the public’s mind to a link between illegal behavior and migrants/refugees. In many countries, this association, often exacerbated by the media, has created a hostile environment for refugees and migrants. As a result, racism and xenophobia are increasingly on the rise in many regions, often fueled by anti-immigration and anti-refugee policies on the part of government and negative stereotypes of migrants/refugees in the media.

A Rights-Based Approach

5. All refugees and migrants have rights.

With the lack of an international migration system, governments have worked on the national and regional levels to exchange views and to develop common policies in some limited areas. Most of these efforts have focused on the issue of irregular migration. We, however, suggest that an alternative starting point is to consider the reasons for international migration and to adopt a rights-based approach to migrants. Although there is no international regime for migration, the basic human rights of people who leave their countries cannot be abrogated.

All human beings have inalienable rights, provided for in internationally agreed human rights standards, irrespective of their status, nationality, or country they find themselves in (right to life, not to be subject to torture, not to be held in slavery or servitude, right to liberty, security of persons, etc.) In addition, aliens enjoy a number of rights enjoyed by nationals, including the right to move, to leave one’s country, to return to one’s country. Basic rights guarantees apply to all persons no matter where they are. Once inside a country, undocumented migrants enjoy a certain level of human rights protection, including right to compensation for human rights and labor violations, right to emergency health care and education for children, etc. Migrants legally in a country often enjoy the same rights as nationals in every respect with the exception of political participation (ICCPR Art. 15) This includes inter alia equality before the courts; protection against discrimination; protection against arbitrary expulsion; and the rights to fair trial, to family reunion, to work, to peaceful assembly, to marry, to housing, to a nationality, to education, etc.

We note that while civil, political, economic, cultural, and social rights are in theory indivisible, governments make distinctions in practice. Thus, people leaving their home countries because of violations of their economic, social and cultural rights are not accorded the same treatment as those fleeing violations of their civil and political rights.

6. Asylum is the appropriate response for people fleeing persecution and violence and must be strengthened to ensure that no one is returned to a situation where he or she is in danger.

In addition to the rights afforded to all migrants, those in need of protection from persecution or well-founded persecution because of race, religion, nationality, membership in a social group or political opinion are given additional rights by the international community. The Universal Declaration of Human Rights says that "everyone has the right to seek and to enjoy in other countries asylum from persecution" (art. 14). Signatories to the 1951 Geneva Convention on the Status of Refugees have agreed to the principle of non-refoulement, that is to uphold the right of people not to be returned to countries where their lives may be in danger. Governments that are party to other instruments such as the ICCPR and ECHR also agree to this principle under Article 7 and 3 respectively. The prohibition against torture is a peremptory norm of international law and applies to all states.

In the past decade, the right to seek and enjoy asylum has been eroded in many countries. Governments have made it more difficult for people fleeing persecution to even reach their borders and access asylum procedures through interdiction, visa requirements, carrier sanctions, immigration controls in airports of departure and other measures. In many cases, it is impossible for people fearing persecution from their government to obtain a passport from that government or to approach embassies in search of a visa. Once asylum-seekers enter a country, they often find the procedures confusing and intimidating. If they arrive without documentation, they are often treated with suspicion. Moreover, they may be detained and lack legal counsel to present their case in the best possible way.

The acceptance rates of asylum applications have plummeted in most Western countries over the past 15 years. While governments argue that this is due to the fact that many "bogus asylum-seekers" are abusing the system, many refugee advocates assert that people with genuine asylum claims are being denied. And as mentioned earlier, many may choose not to enter the process. It may be useful to examine some of the reasons that people in need of protection do not avail themselves of existing asylum procedures. They may fear making themselves known to the authorities; they may be denied access to determination procedures usually by untrained border police or as a matter of policy; they may not understand the procedures and lack access to legal counsel; they know that generally only a fraction of all asylum applications are granted and may figure they have a better chance of remaining in-country if they remain outside the official system; they not be able to abide extended determination procedures (lasting several months up to several years in some countries), restrictions on employment, access to housing and welfare disbursements; they may not want to be detained pending determination and treated like criminals in police stations, local jails, prisons or "special" detention facilities for asylum-seekers; they may have passed through a so-called "safe third country" and know that they will be required to apply in that country; they may know/believe that a particular country does not favor – usually for political reasons – granting refugee status to nationals from their country; they may be rejected asylum-seekers who have not had access to a fair and efficient determination proceeding or have been rejected based on restrictive interpretations of the Refugee Convention.

7. The relationship between immigration and asylum policies is complex.

Many countries in the world have established immigration policies to allow for the orderly entry of individuals for employment, residence, family reunification, study or sporting or other activities. Demographic studies suggest that Northern countries are facing declining and aging populations in the future. A recent UN report shows that European Union countries can be expected to lose 62million people (17 percent of their population) between 2000 and 2050 while Europe as a whole would lose 123 million people. The recent communication from the European Commission is opening the debate on immigration into Europe in the light of this demographic reality.

The enactment and implementation of immigration policies could impact on asylum applications. "In UNHCR’s view, an orderly migration programme that meets the interests of receiving States and the migrants could ease the current pressure placed on asylum systems by persons not in need of international protection." Some people who file asylum applications because they have no other means of entering a country could avail themselves of legal immigration channels. However, this would depend on the way in which the immigration policies were shaped. For example, if preference is given to migrants with certain specified skills or from certain regions – or if the number of would-be immigrants greatly exceeds the number of places – the impact on asylum could be limited.

8. In the absence of a comprehensive policy on migration, border control measures will not be able to stop irregular migration.

All Western countries and many others have increased efforts to control their borders and prevent unauthorized entry by migrants. And yet such efforts can have unintended consequences. Susan Martin demonstrates that stepped-up US efforts to control its border with Mexico have meant that would-be migrants are forced to use more dangerous routes, resulting in more deaths of migrants. The role of professional smuggling operations has increased. Unauthorized migrants now remain for longer periods in the United States as traveling back and forth has become more difficult.

"When nations established borders and sought to regulate traffic across them, they created markets for the smuggling of humans as well as goods. What is new is the scale of smuggling, measured in both numbers and profits, as well as en emerging pattern of increasing professionalism." As it becomes more difficult to cross borders, smugglers and traffickers use more dangerous and expensive routes, thus increasing the cost to migrants as well as the possibilities of their exploitative use by those who transport them into another country. Smuggling and trafficking operations have become a big business, reportedly generating profits of US$5 to 7 billion per year.

Human traffickers are simply vectors of the contempt which exists at the two poles of the asylum seeker’s journey; they take their cue from the attitude of warlords and dictators, on the one hand, and, on the other, of wealth states whose citizens have come to see generosity as a vice.

We must also underline that trafficking is in and of itself a human rights violation and represents new forms of slavery. Trafficked persons are per se victims and should be distinguished from both undocumented migrants and refugees although people who have been trafficked should always be permitted to apply for asylum once in-country. Criminal trafficking networks have become highly sophisticated and organized, and governmental, regional and international measures to combat trafficking have not kept up with the traffickers. Instead, governments’ attempts to stop trafficking have often resulted in criminalizing trafficked persons. They are often apprehended, detained and deported without any attention to their status as victims of a human rights violation. Thus the "crime control" approach to border control often criminalizes the victims while the traffickers continue to operate with impunity. This affects both refugees and migrants who are trafficked.

8. Policies are being made on the basis of incomplete or inaccurate information.

Statistics on migration – refugees, economic migrants, irregular migrants – are notoriously difficult to collect and verify. Although migration from South to North has increased significantly, most of the world’s migration occurs between developing countries. And yet much of the international policy debate focuses on controlling or managing migration from South to North. Moreover, migration is not static; economic migrants in particular may travel back and forth between their home country and their country of migration for work or family reasons. In the Mediterranean area, for example, people speak of "citoyens des deux rives" [citizens of both shores.] Sometimes governments report the number of migrants arriving in their countries without reporting the number of departing migrants which leads to a false impression that the country is being overrun by foreigners. Negative media portrayal of foreigners often is the result of haphazard collection and incomplete analysis of immigration data at the national level.

Governments are obliged to examine the way they keep statistics and the way their officials use existing statistics. In particular reliable information is needed on the number and duration of migrants and asylum-seekers in detention; asylum claims and their outcomes; statistics on gender and age of migrants, refugees and asylum-seekers; and the amount of the GNP attributed to migrant labor.

Suggested recommendations

  1. Much more attention should be devoted to understanding and responding to the causes which force people to leave their communities and countries. There are literally hundreds of reports and recommendations for ways that this could be achieved, but the political will to address the fundamental disparities and widespread conflicts on this planet are lacking. But unless the disparities, the conflicts and the human rights abuses are addressed, forced migration will continue. Governments and regional intergovernmental bodies have a responsibility to investigate, monitor and assist in ameliorating political and economic conditions in countries of origin that force people to migrate. Regional bodies such as the SADC, the OSCE and the Council of Europe should include root causes of migration in their in their study processes. We also specifically suggest that the International Organization for Migration conduct a study of cases where action by a State or by the international community has resulted in lower migration through improved living conditions at in the country of origin.
  2. International organizations, including UNHCR, the International Organization for Migration, NGOs and others should adopt a rights-based approach to migration. A rights-based approach -- in contrast to the prevailing border control approach – would put migrants in the center of the discussion. Better understanding of the reasons why people leave their own countries could suggest measures which would enable them to remain in their own countries which is the preferred option for many of the world’s migrants. At the same time, opening legal channels for migration protects their right to freedom of movement and lessens the possibility that migrants will resort to dangerous means of migrating.
  3. The institution of asylum should be strengthened. Asylum has meant the difference between life and death for hundreds of thousands of individuals. It must be strengthened and upheld. In the current climate of discussions about irregular movements of people and so-called abuse of the asylum system, we must constantly uphold the basic right of people fleeing persecution to find protection. Asylum is one of the shining examples of the development of international human rights in the last half century and it should not be eroded or weakened because of transient political interests. In particular, we believe that current state practices of interdiction and interception are seriously flawed and that other deterrence measures such as carrier sanctions and visa policies, should be reviewed from the perspective of their impact on potential asylum claimants. Measures to enhance fair asylum procedures should be strengthened. Penalizing asylum seekers through detention and inadequate provision of social needs should be ended.
  4. In recognition of the rights-based approach to migration, governments should sign and ratify the 1990 Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. Moreover, governments must protect the basic human rights of all migrants in compliance with their existing treaty obligations and regional commitments.
  5. Those governments which do not have immigration policies should consider their adoption. These policies should be based on their own assessments of labor and demographic needs. Governments should support the principle that migration plays a positive role in the economic, political, social and cultural development of countries and should develop policies in that framework.
  6. There is an over-arching need for an international migration regime to include elements such as upholding protection of refugees; policies which enable people to remain in their communities; immigration policies (including family reunification, employment, temporary migrants); integration of migrants and refugees, including implementation of internationally-recognized rights of non-nationals; responding to victims of trafficking and development of common policies toward traffickers; and development of reliable and transparent data on migration. Recognizing that development of such a regime will take time, we suggest that international organizations, national governments and NGOs begin conversations on the complex array of interests to be addressed in such a migration regime. In particular, we urge the International Organization for Migration to convene a series of meetings for governments, NGOs and international bodies to brainstorm about elements to be included in an international migration system.
  7. Given their expertise and involvement with these issues, NGOs and other representatives of civil society must be included in policy discussions and development of programmes to help shape an international system which recognizes the rights and contributions of migrants.

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