SPECIAL RAPPORTEUR ON MIGRANTS NOTES ACTS OF VIOLENCE AND ILL TREATMENT OF MIGRANTS AROUND THE WORLD

Commission on Human Rights
MIDDAY
8 April 2004



Commission Continues General Debate on Specific Groups and Individuals

The Special Rapporteur on the human rights of migrants today told the Commission on Human Rights that worldwide, millions of migrants have provided information on acts of violence and ill treatment. Among concerns she had raised were cases of illegal detention and lack of access to lawyers by migrants.

Gabriela Rodriguez Pizarro, the Special Rapporteur on the human rights of migrants, also said she had highlighted the situation of labour exploitation of migrants in her report, adding that in several cases she had examined, these conditions were analogous to slavery. She also spoke about her official visits to Iran, Morocco and Spain.

Iran, Morocco and Spain spoke as concerned countries. Participating in the inter-active dialogue with the Special Rapporteur were Ireland (on behalf of the European Union), Canada, Mexico, and Cuba.

The Commission also continued with its general debate on specific groups and individuals, including migrant workers, minorities, mass exoduses and displaced persons, and other vulnerable groups and individuals. Speakers addressed a wide range of subjects, including contemporary forms of slavery and the rights of the disabled worldwide. A number of States also outlined their national efforts to ensure that their minorities enjoyed all their rights.

Delivering statements were Representatives of South Africa, Mexico, India, Hungary, Ukraine, Argentina (on behalf of the Latin American and Caribbean Group GRULAC), Chile, China, Burkina Faso, Russian Federation, Austria, Croatia, Ethiopia, Sudan, Pakistan, Sri Lanka, Nepal, Armenia, Norway (on behalf of the Nordic States), and Cuba.

The Commission is meeting today from 9 a.m. to 6 p.m. non-stop. It closed its midday meeting at 3 p.m. and immediately proceeded to take action on draft resolutions under its agenda items on the report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on Human Rights, and the rights of peoples to self-determination and its application to peoples under colonial or alien domination or foreign occupation. After it takes action on the draft resolutions, it will continue its general debate on specific groups and individuals.

Documents on Specific Groups and Individuals

Under this agenda item, the Commission also has before it a report of Special Rapporteur Gabriela Rodriguez Pizarro on the human rights of migrants (E/CN.4/2004/76), in which she observes that migrant domestic workers are becoming indispensable in developed countries to enable women to advance in employment and in society. The work of migrant domestic workers in caring for the elderly has taken on particular importance as a result of the ageing of the population in many developed countries. Given the growing demand for household help in developed countries, there has been a rise in the number of initiatives and agreements to facilitate female migration for domestic employment, and in spontaneous migration by women. By and large, however, such initiatives cannot guarantee decent conditions of employment and respect for the fundamental rights of female migrant domestic workers. Among her recommendations, she urges States of origin and destination of large-scale flows of migrant domestic workers to take a series of actions to ensure the protection of such workers’ rights, and to eliminate factors that make them vulnerable at all stages of migration. She also says that all countries of origin should launch campaigns against illegal migration by domestic employees, warning of the risks and providing information about legal migration channels, and that countries of destination should conduct campaigns to create awareness of the important contributions made by migrant domestic workers to encourage respect for their rights and combat discrimination.

The first Addendum to the report contains information on communications sent to Governments and replies received therein, including from Australia, Belgium, Canada, China, Costa Rica, Cuba, Denmark, Ecuador, Egypt, France, Greece, Indonesia, Israel, Lebanon, Sri Lanka, Malaysia, Mexico, Morocco, Russian Federation, Tajikistan, Saudi Arabia, Spain, Switzerland, Thailand, United Arab Emirates and the United States.

The second Addendum to the report contains information on the Special Rapporteur’s visit to Spain from 15 to 27 September 2003 during which she had been able to appreciate the difficulties encountered by that country with the new dimension of migration and in compliance with its commitments to the European Union. In practice, the investment of resources and technology, the introduction of legislative changes and the application of policies aimed at curbing illegal immigration have not been sufficient to reducing the phenomenon. Difficulties in curbing the phenomenon arise from factors including the difficult economic and political situation in the countries of origin and the migrants’ view of Spain and Europe as a paradise of opportunities. Moreover, there was a strong need for migrant workers in some sectors of the Spanish economy and many illegal migrants ended up being exploited in the black economy. She also observes that lack of knowledge of the guarantees and rights accorded by the law to migrants may result in cases of arbitrary decisions and possible violations of human rights – particularly in instances of interception, return, expulsion and detention. Spain should take measures including, among others, to ratify the International Convention on the Rights of Migrant Workers and Members of their Families; to train officials responsible for enforcing legislation on migration; to ensure that migrants enjoy the rights to legal assistance and interpretation; to ensure coordination between various levels of government and the active and prominent participation of non-governmental organizations in migration matters; and to make more flexible the system of employment quotas to permit specific offers to individuals in some cases so as to meet the labour market’s needs and avert the exploitation of migrants in the black economy.

The third Addendum concerns her visit to Morocco and states that one of the most serious problems identified by the Special Rapporteur was the situation with regard to the rights of Moroccan irregular migrants and of persons from sub-Saharan Africa in Morocco. The problem stems from a lack of funding to strengthen the capacities of the organizations responsible for combating irregular migration, to guarantee irregular migrants various forms of assistance and to manage migration. She stresses the need to approach the management of migration flows within the framework of socio-economic development and encourages the European Union to continue to seek to counter irregular migration through technical assistance and co-development programmes. Among other recommendations, programmes to protect the right of irregular migrants should be established to deal with the sick and injured and to ensure physical and psychological rehabilitation; there must be recognition of the problem of prostitution and exploitation of female migrants from sub-Saharan Africa; and there must be strengthening of mechanisms for internal monitoring of officials involved with migration management and the adoption of anti-corruption measures.

The fourth Addendum to the report contains a preliminary note on the Special Rapporteur’s visit to Iran, the full report on which will be submitted to the sixty-first session of the Commission, which details the agenda of her mission and thanks the authorities of the country for their cooperation and assistance with her mission.

Statement of Special Rapporteur on the Human Rights of Migrants, and Responses

GABRIELA RODRIGUEZ PIZARRO, Special Rapporteur on the human rights of migrants, said that her annual report being submitted to the Commission highlighted her activities, which examined the issues of the life, work, and employment of migrant workers in domestic service, largely migrant women. The International Labour Organization (ILO), as well as other international organizations, had analysed the treatment of migrant workers in line with the standards set by the ILO. Ms. Pizzaro noted that the situation faced by migrant workers was very different from the situation of other groups according to international law. The same women whose work and efforts enabled families and individuals had to deal with abuse, mistreatment and sexual violence by their employers. These migrant women included immigrants and those without identity papers. The Rapporteur encouraged States to provide special documents and papers to ensure legal status for all workers and called upon them to take all necessary measures to ensure that the rights of these groups were protected.

Within her report the Rapporteur highlighted the situation of labour exploitation and said in several cases she examined these conditions were analogous to slavery. She called on States, which had not already done so, to ratify international mechanisms which provided all necessary measures to support victims of trafficking and abuses. She reiterated that the fact that they were women and often undocumented added to the seriousness of the situation. Ms. Pizzaro said she had received information on violations conveyed during the past year, both from governments and non-governmental organizations. Worldwide, millions of migrants had provided information on acts of violence and ill treatment. Among the concerns raised in her report were cases of illegal detention and the lack of access to lawyers by migrants.

The Rapporteur mentioned that within the reporting period, she had carried out official visits to Spain, Morocco and Iran. In practice, Spanish administrative offices dealing with immigration were overrun with delays in dealing with the cases of migrant workers. The authorities in Spain had explained that decisions on the cases of people without migratory status and waiting for expulsion had been handed down, yet these people often did not respect those decisions. Ms. Pizzaro said she informed the Spanish Government that she would put her concerns over the situation in Spain in her report. She expressed particular concern over the events taking place on the border of Spain and Morocco. Organizations in the area, she said, had sent letters listing violations committed by the Government.

Concerning her visit to Morocco, the Rapporteur noted how vulnerable the migrants were in that country. She expressed particular concern about the situation of unaccompanied minors and recommended that legislation be enforced to address their needs and encouraged the European Union to continue in its dialogue with Morocco in that regard.

During her visit to Iran, she noted the problems dealing with administrative irregularities, particularly in view of Afghanis and Iraqis in the country. In conclusion, the Rapporteur reminded States that migratory policies should be consistent with the decisions taken by the Global Commission for International Migration.

MOSTAFA ALAEE (Iran), speaking as a concerned country, said the visit was made possible by the standing invitation extended to all Special Procedures by Iran following its decision to establish full cooperation with the Commission and the Office of the High Commissioner. The Government of Iran made every effort to ensure that the Special Rapporteur’s visit would be a success. A number of meetings, including with the Government authorities from various spheres, as requested, were arranged, and special measures were taken to ensure that the Special Rapporteur could visit the relevant individuals and places considered necessary to fulfil her mandate. The Special Rapporteur had indicated she would submit the substantive report on her visit at the next session, and Iran would fully cooperate with her and looked forward to her findings as well as her recommendations on the theme of the visit. Iran would continue to work closely with the Special Rapporteur with the view of fulfilling its commitments.

OMAR HILALE (Morocco) said the Government was making significant efforts to promote the rights of migrants. It also had more than 2.5 million of its own citizens living abroad, particularly in Europe. It had established a Ministerial Department responsible for Moroccans living abroad. It constantly tried to meet the increasing difficulties facing migrants, including through enhancing the rights of women and child migrants. Migration had become a real problem, particularly where illegal and mafia-directed movements were concerned. Morocco, because of its strategic location at the edge of Europe, was the site of some of this illegal traffic, and was doing its best to deal with the problems posed by criminal trafficking networks. A number of legislative and operational actions had been taken. Border monitoring had been heightened, and an observatory on migration had been set up to draft a national strategy on the matter.

Problems of irregular migration could not be solved at the national level but needed coordinated international action. The country had invited the Special Rapporteur on migrants to visit, and she had done so, and her mission had been met with the full cooperation of the Government. The phenomenon of migration was complex in the country. Morocco had noted the Special Rapporteur's findings; nonetheless it believed that some aspects should be relativized based on global aspects of the problem. Morocco was doing its best to provide decent conditions for persons judged to be subject to refoulement, and it was doing its best to encourage illegal migrants to undergo voluntary repatriation. Morocco was combating human trafficking in a responsible and humane and effective way -- for example it had dismantled over 200 trafficking networks. Statements that Moroccan authorities were not severe enough in combating illegal migration were not in fact well founded. Annually, Moroccan authorities caught some 16,000 illegal migrants.

JOAQUIN PEREZ-VILLANUEVA Y TOVAR (Spain), speaking as a concerned country, said Spain thanked the Special Rapporteur for her visit and was grateful for the information provided and the ideas shared in the report. This year Spain was celebrating the twenty-first anniversary of its Constitution, in which the promotion and protection of human rights was enshrined and had been expressed by the growing participation of Spain in all mechanisms of the United Nations dedicated to human rights. As a fruit of that commitment and in response to the open invitation Spain had forwarded to all the monitoring mechanisms, Ms. Pizzarro had been invited. Despite substantive differences in viewpoints about some key aspects of migratory trends, the work of the Special Rapporteur was appreciated. For decades now, migratory flows had required a Government’s particular attention, as they gave rise to a wide variety of needs, and were one of the main priorities of public opinion. Spain was fully aware of the complex nature of the phenomenon, since it was a country both of transit and destination. It focused on the problem with a broad, understanding approach, which enabled the positive dimension of migratory flows to be borne in mind, and special policies and programmes to be adopted with the aim of bringing an end to illegal migration. The information in the report of the Special Rapporteur was insufficient, since it did not include all the significant efforts made by Spain with regards to the migratory flows impacting upon it. Spain did not call into account the good faith of the Special Rapporteur or her report, but underscored that the programmes of the Spanish Government had been endorsed by the rule of law.

Inter-active Dialogue

EAMONN NOONAN (Ireland), speaking on behalf of the European Union, said that in the report, it was noted that trafficking in persons, particularly women and girls for prostitution, could be hidden. Did the Special Rapporteur consider that information and sensitization campaigns were effective measures, and was the adoption of education programmes nationally and regionally effective for this purpose. The increasing import of domestic workers was said to lead to increasing flows. Did the Special Rapporteur consider the economic dependence of countries of origin was increasing?

WAYNE LORD (Canada) said with regard to the engagement of States on the ratification, signature and implementation of the United Nations Convention on Transnational Organized Crime and its Protocols on Migrant Smuggling and Trafficking in Persons Especially Women and Children, what was the level of international cooperation in this area? What were the Special Rapporteur’s recommendations in order to ensure a smooth transition that respected the rights of Afghan migrant workers.

ELIA SOSA (Mexico) asked if the Special Rapporteur had further comments to make on the increase in the demand for domestic workers in developed countries, particularly women, and their vulnerability to violence.

JORGE FERRER RODRIGUEZ (Cuba) said with regard to migrants employed as domestic workers, the report showed their extreme vulnerability, and the frequent violations of their human rights in the countries of destination due to their irregular situation. Did the Special Rapporteur have an opinion on the current status of ratification of the Convention on Migrant Workers, and what should be done to ensure rapid ratification?

GABRIELA RODRIGUEZ PIZARRO, Special Rapporteur on the human rights of migrants, responding to the comments, noted that with respect to the question on the effectiveness of sensitization campaigns in countries of origin, the migratory trend did not just involve the country of destination, but a whole series of civil programmes in countries of origin as well. The rights of migrants were not being fulfilled in destination countries, thus, they must be addressed in countries of origin. For example, between the departure from countries of origin and arrival in destination countries, the terms of contracts were often changed, to the detriment of the worker. The contract process must be more carefully controlled. Moreover, it was important to have regional and national education campaigns, but also to control recruitment agencies and contract terms and to ensure that it was not just the agencies that were paid.

With regard to remittances, she said that international financial institutions were increasingly conducting analyses on this issue, but that the high rates of unemployment in origin countries meant that people were increasingly migrating for work. Thus, the international community must work to ensure the human rights and human safety of the migrants. She highlighted the relationship between respect for human rights in countries of origin and respect for migrants’ rights in destination countries and said that without respect for human rights in origin countries, migrants remained vulnerable to human rights abuses in destination countries.

Additionally, she said that migration issues were related to issues such as violence against women and trafficking in human beings, among others before the Commission. There was an ever-increasing need for domestic workers and for that reason the ways in which contracts were achieved must be redressed and the size of the problem confronting the international community must be recognized.

Finally, with respect to the ratification of the Convention on the Rights of Migrants, she said that this instrument would be one of many in the field of the protection and promotion of human rights and that it should be ratified with all due haste.

General Debate on Specific Groups and Individuals

MARY WHELAN (Ireland), speaking on behalf of the European Union, said the European Union strongly condemned the continuing existence of contemporary forms of slavery in direct contravention of several international human rights instruments. In the twenty-first century, it was both shocking and shameful that the right to freedom from slavery was not a reality for every child, woman, and man around the world. Moreover, not only did contemporary forms of slavery such as forced labour, bonded labour, exploitation as a result of trafficking in human beings and the worst forms of child labour still persist, but in some areas they had actually increased.

The European Union was committed to working towards the elimination of contemporary forms of slavery, and this was demonstrated by its actions, in which it continuously addressed the issue. The Union underlined the importance of regional and international cooperation as a means of combating contemporary forms of slavery, and was strongly supportive of the existing international standards and norms to combat contemporary forms of slavery. There was also a need for more action at a national level to tackle trafficking. This should include preventive measures and legislative measures, and ensure an adequate law enforcement response to trafficking, and there should be effective mechanisms to ensure the implementation of national legislation requirements. No one should be held in slavery or servitude, and the European Union was determined to ensure this obligation was upheld. This required a commitment from all States to prioritise the eradication of all contemporary forms of slavery and to ensure that the human rights of victims were upheld at all times.

SAM KOTANE (South Africa) said South Africa dedicated the first Friday of September each year to consideration of the rights of the disabled. South Africa saw aiding the disabled as part of its broader policy objective of transforming South African society, and as part of overall affirmative action efforts. All Commission Special Rapporteurs, in carrying out their mandates, should take into account the human rights of persons with disabilities.

The Working Group of the Ad Hoc Committee on the proposed International Convention to Promote the Rights and Dignity of Persons with Disabilities had made significant progress, but South Africa was deeply concerned that some delegations had opposed the incorporation of international cooperation in the field of human rights of the disabled into the proposed Convention. South Africa viewed this as a very disturbing development, and hoped that its partners would not insist on this position. The South African Government had recently realized that urgent action had to be taken to level the playing field and give women with disabilities a fair opportunity in the struggle for survival in today's competitive world; it was with this in mind that the Government in 2000 had identified people with disabilities as a "designated group" and had undertaken to affirm and promote their interests in the workplace and in society in general.

ERASMO MARTINEZ (Mexico) said that his Government gave priority to the rights of vulnerable groups and offered them special treatment to protect their human rights; it also worked towards ensuring their equal status with all others. Mexico had actively worked on the promotion of the drafting of standards for the protection of the human rights of such groups, particularly migrants and displaced persons. The international community had witnessed the entry into force on 1 July 2003 of the Convention on the Protection of Migrant Workers and Members of Their Families. That important instrument, which had been a result of long negotiations, identified and provided minimum guarantees for the respect of the human rights and fundamental freedoms of persons in that group. The establishment of the Committee on the Protection of the Rights of Migrant Workers would give impetus to the understanding by States of their obligations under the Convention.

The other group of persons that the international community should pay attention to was that of the situation of displaced persons. Mexico would be satisfied with the idea of drafting an international instrument designed to protect the rights of displaced persons, which would also eliminate the obstacles against their full integration and participation in the society. Mexico, in collaboration with other counties, was endeavouring to realize that instrument.

HARDEEP SINGH PURI (India) said that the protection of the rights of migrants and minority groups constituted a fundamental responsibility for all States. Given his country’s large population, it was unsurprising that there were as many minority groups as possible characteristics by which to classify them. India had always had an inclusive society and the principles of tolerance formed the bedrock upon which the country’s pluralist society had been built and the opportunity of all to enjoy their human rights established. India’s resolve to respect minority rights also underpinned its commitment to ensure the safety and security of all its citizens, without discrimination. It was also felt that efforts by the United Nations to advance this issue would contribute significantly to the advancement of human rights between and among societies. As usual, India would table its draft resolution on this issue, which had historically been adopted by consensus.

A home to all the major religions, India not only cherished, but also celebrated its diversity, he added. Secularism constituted a fundamental tenet of the country’s Constitution in which had been laid out specific provisions for minority rights so that all were ensured of equal entitlement to the freedom of confession and belief. Minorities in India also had the right to conserve their distinct languages and cultures. In the view of his country, differences in society were only natural; the challenge was to address them through dialogue and inclusion. For that reason, bigotry and religious extremism and violence were worrisome phenomena that must be met with firm resolve. The Working Group on minorities had developed into an important forum addressing minority rights and protection and the international community should remain ready to assist in the creation of appropriate national capacities to respect minority rights, if necessary.

MIKLOS BOROS (Hungary) said most major crises of the past decade had been triggered by conflicts in which ethnic identity was a prominent source of division. In the globalized world, it was hard to find a country where everyone spoke the same language and shared the same culture, beliefs or traditions. The international community should realize that the presence of different national, ethnic, linguistic or religious groups within the frontiers of a country was not only an asset, but also a source of social and cultural enrichment. Protection and promotion of the identity of national and ethnic minorities, and ensuring their participation in public affairs were not only requirements evolving from human rights, but also formed the basic premises of the non-discriminatory functioning of a democratic State. The main precondition for having sustainable, but still flexible solutions was that the rule of law and the general respect for human rights should prevail in the country. It was in this environment that affirmative actions in relation to national minorities were not considered as being discriminatory against the majority. Hungary believed that different forms of autonomy constituted stable and good solutions, as was proved by many European examples. The High Commissioner’s analysis confirmed the importance of enhancing dialogue between minorities and governments, and in that respect, the importance of the Working Group on minorities as a unique forum for dialogue and the identification of problems in general could not be underestimated.

VOLODYMYR BELASHOV (Ukraine) said that the multi-cultural and multi-ethnic nature of the society of Ukraine necessitated measures to promote this situation. The Government had been taking steps to protect and promote the rights of national minorities. Asylum seekers who sought refuge in his country had been admitted and given asylum in accordance with the international norms. The Government had also taken measures to protect ethnic and religious minorities living within its territories. The Government had put in place legal provisions that provided protection for the cultures, languages and traditions of minorities. A number of agreements had also been made with other States from where some of the ethnic groups came. Displaced Tatars had had the permanent attention of the Government which had put more efforts in supporting their return to their places of origin. The Government had been providing accommodation to those persons upon their return.

SERGIO CERDA (Argentina), speaking on behalf of the Latin American and Caribbean Group (GRULAC), said the situation of migrants was a major challenge for the international community since migrants’ human rights were being seriously violated. The GRULAC countries believed it was of utmost importance for agreements to be reached to generate national policies and strategies to improve the conditions of the rights of these migrants, and they recognized the contribution of migrants to societies. A number of national and international initiatives could contribute to these goals and to eliminate violations committed against migrants. It was essential to reach bilateral agreements to make universal existing instruments dealing with migrant issues. GRULAC supported the mandate and work of the Special Rapporteur on migrants. The speaker recalled that the Inter-American Court had handed down several rulings pertaining to the rights of migrant workers. The Court said that all States should guarantee the fundamental principles of people, including the migratory status of the persons concerned, and said the status of these people should in no way violate any of their human rights, including the right to employment. The protection of human rights and the dignity of persons with disabilities was also of great importance. Ten per cent of the world’s population, of which 80 per cent lived in developing countries, were disabled. GRULAC affirmed its dedication to protect the rights of disabled people in order to have them integrated into the societies in which they lived.

MARCELO CARVALLO (Chile) said that ending inequality of opportunity for and promoting human rights and fundamental freedoms of disabled persons had been made an integral element of the anti-discrimination agenda of his country, which had announced 2004 as the year of the disabled person. A series of projects aimed at promoting equal opportunities for all disabled persons, including through facilitating such aspects of life as the right to vote and transport, among others, had been planned. All of those initiatives and projects were part and parcel of efforts to prevent all forms of discrimination against persons with disabilities within Chile. On the international stage, Chile welcomed the work of the special committee charged with preparing a convention on the rights of persons with disabilities to redress the profound social disadvantages faced by the disabled and called upon civil society to participate in the elaboration process.

WANG YI (China) said that as all countries had varied ethnic compositions and distributions, each country should shape its ethnic policies and practices to fit its own specific reality. China, as a unified, multi-ethnic nation, had all along pursued an ethnic policy of equality, solidarity and common prosperity. Legal and institutional protection of the rights of ethnic minorities was maturing. Ethnic minority areas had enjoyed fast economic development and improved living standards. Education and traditional culture had registered further development.

Most inhabitants of Tibet, Xinjiang and other ethnic minority regions believed in one kind of religion or another, and the Chinese Government fully respected and protected their freedom of religious belief and their religious activities. At present, there were over 17,000 places for religious activities in Tibet, with over 46,000 monks and nuns. In the Xinjiang Autonomous Region, there were more than 23,000 mosques and over 29,000 religious personnel. China had consistently supported and participated in various human rights activities of the United Nations related to minorities, and stood ready to strengthen such cooperation.

EDOUARD ALAIN TRAORE (Burkina Faso) said the history of the migration of the populations of Burkina Faso went back to the colonial period, when they were taken as forced labour to the places where colonization was being built in many different lands. Today, these populations remained migrant workers and were confronted with many new forms of exclusion, ostracism, intolerance and xenophobia, for which the Government of Burkina Faso had grave concern. Burkina Faso was actually paying a heavy price due to the violations and exactions undergone by its nationals who were in the situation of being migrant workers. The Commission should assume to a greater extent its responsibilities with regard to the fate of migrants, and the Convention on the Protection of Migrant Workers should be implemented immediately by the Member States, as millions of people were concerned and were, more and more, used as scapegoats for uncontrollable internal situations. The Commission should denounce and condemn the violence being committed against migrants, and ensure that States could ensure an end to the actions and activities undertaken against migrant persons.

BORIS CHERNENKO (Russian Federation) said that the situation of minorities was a serious problem for human beings. The international community had not been able to leave behind the problem of inter-ethnic conflicts and other problems in the last century. The work in the Working Group on minorities should continue. In his country, solid legislation promoted and protected the rights of minorities. Federal and local Governments were armed with arsenals of legislation designed for the protection of ethic minorities in the country. Further measures were also being taken to strengthen the cultures and languages of ethnic minorities. The teaching of tolerance had been introduced in the country's educational system.

Referring to the Russian minorities living in Latvia and Estonia, he said that there had been alarming developments reports by different sources. Those sources had signalled the continued dissatisfaction expressed by these minorities, particularly in Latvia. In both countries, many of the minorities were living without having any status. The respective Governments had deprived those persons of the right to citizenship. Their rights as minorities were not respected. The international community should put pressure on those countries so that they abided by their international obligations with regard to their minorities.

GEORG MAUTNER-MARKHOF (Austria) said it was necessary to ask today if the tragic events in Rwanda could have been avoided if international standards regarding the rights of minorities had been applied. If future genocides were to be prevented, the root causes had to be addressed in an effective way. Too often there had been marginalization, lack of equal opportunities, and hindrance of the full participation of minorities in political decision-making processes. Dehumanising policies must be rejected. The international community had so far failed to come up with solutions that would ensure the timely protection and monitoring of minority rights, and that was a serious gap considering that minorities made up from 15 to 20 per cent of the world's population. The international community had to be action-oriented on this matter, and at an early stage -- it had to better assess risks, collect and understand information, and suggest appropriate measures so that human rights violations and genocides could be prevented.

The issue of internal displacement also needed greater attention. There were still some 24.6 million internally displaced people around the world. A great deal of progress had been made with the help of the Representative of the Secretary-General, but there was considerable room for improving the effectiveness of the international response to internal displacement.

BRANKO SOCANAC (Croatia) said although respect for and the enjoyment of minority rights had been proclaimed by a number of international instruments, it was by no means superfluous to exchange experience and knowledge in this respect at international gatherings. The Government of Croatia was committed to foster the implementation of the Constitutional Law on the Rights of National Minorities which stipulated that the rights and freedoms of persons belonging to national minorities were constituent elements of Croatia’s democratic system, and that ethnic and multicultural diversity and the spirit of understanding and tolerance contributed to the overall development of the country. Apart from prohibiting discrimination on the grounds of ethnicity and nationality, and guaranteeing to minority members the same rights and freedoms that Croatian citizens enjoyed, the Constitutional Law introduced some positive measures in order to promote the participation of minority representatives in the bodies of local and regional self-government. The improvement of minority rights required reinforced efforts in the field of human rights education at the national and international levels and the engagement of all state administration and civil society segments.

TSODENAIT TSEGAYE (Ethiopia) said that the growing pattern of movement across borders for employment affected every region of the world, while a growing number of countries had been shown to be both origin and host countries to migrant workers. The increase in human mobility was accounted for by factors on both ends of the issue, and migrants were benefiting from greater advantages – as well as negative impacts – in countries at both ends of the spectrum as well. Among the negative experiences of migrants, they had often been subjected to various forms of abusive treatment and violations of their basic rights, including lower wages and more hazardous working conditions than their host country-national counterparts. Domestic migrant workers, and women in particular, had been the most seriously affected. In many cases, there was no right to adequate compensation in event of injury or death sustained on the job, and in multiple instances migrant workers had been accused of crimes and subjected to unfair trials, without due process of law, among other wrongs. Female migrant workers faced widespread violence, including sexual assault, by their employers and recruiting agents. Rigorous bureaucratic requirements for migration and high tax levies in receiver States facilitated the growth in clandestine migration, and conditions of extreme poverty and high unemployment had led to vulnerability to illegal trafficking in migrant workers. To combat these and other problems, Ethiopia called upon all States to accede to the Convention on migrants’ rights and underscored the need for an effective follow-up mechanism on its implementation.

YASIR SID AHMED (Sudan) commended Dr. Francis Deng, the Representative of the Secretary-General on internally displaced persons (IDPs), for the efforts he had made since taking up his mandate in 1992 and particularly for his interest in Sudan, a country which was most severely affected by the problem of displaced peoples. The speaker made reference to the Inter-Governmental Authority on Development (IGAD) Conference of 2003 and noted the report of Dr. Deng to that conference in which he appealed to IGAD countries to address the issues of displacement in Sudan. The most important finding of the Conference was on overall effects of displacement, as well as environmental effects. Resources and tools were needed to deal with this issue. The appeal made by the Secretary-General to the international community in terms of education and replacement in order to alleviate the suffering of IDPs and to facilitate the work of relief workers was important. The Secretary-General had also called on Member States to be involved in the decision-making process. Internal displacement was not only a human rights issue, but also one of societal, environmental and humanitarian basis, according to Dr. Deng’s report. Sudan was committed to dealing with the problems of IDPs and had expressed its concern over IDPs in general. He called on the international community to support the national efforts carried out by Sudan. Sudan had established a policy of containing the phenomena of displacement, spreading a culture of peace and national solidarity, encouraged voluntary returns, resettlement and construction and informing the international community about the problems of displacement. Lastly, the speaker noted that in order to deal with problem of asylum, a national workshop was established in Sudan in 1992.

SHAUKAT UMER (Pakistan) said that the people of his country had become victims of terrorism from within and without the country with the onset of the Afghan war in the early 1980s. The attacks against a church, a Christian hospital, a school and a non-governmental organization had been undertaken to attract international attention. In Pakistan, non-Muslim religious groups represented 3.72 per cent of the total population and included Christians, Hindus, Parses and others. The country’s Constitution and the law of the land gave equal status and rights to the followers of all religions and prohibited discrimination on grounds of religions, race, caste, colour or creed. Furthermore, institutional arrangements had been put in place at the federal, provincial and local levels to address minority concerns and minority committees had been established at the district level. A special fund for minorities – consisting of 50 million rupees – had been established in 1985, with funds disbursed for small development schemes in sectors such as education, health, water, supply, sanitation, electricity and the repair and renovation of churches and temples and for financial assistance to needy individuals based upon the recommendations of minority members of the National Assembly. In response to minority demands, joint electorates had been restored and ten seats had been reserved for minorities in the National Assembly. Moreover, minorities had been given representation in the three tiers of local bodies. Finally, he cautioned, it was essential to stop portraying Muslims as radicals and extremists.

SAMANTHA PATHIRANA (Sri Lanka) said that the Government recognized the importance of creating a culture of inclusiveness and strengthening its multi ethnic and multi cultural society and recalled that Sri Lanka was among the original co-sponsors of the 1992 Declaration on Minority Rights. Issues relating to minorities were delicate, sensitive and capable of inducing violent conflicts and confrontation. The call for the protection of group identity lay at the heart of many simmering conflicts. It was the belief of Sri Lanka that individual rights and collective rights of a group or a society were mutually complementary and not mutually exclusive. The international community must be vigilant to guard against any attempt at diminishing individual rights, for the sake of perceived group rights or to safeguard societal, communal or international security. The speaker noted that Sri Lanka had been faced with the challenge of establishing inter-community peace on the island and that the country had been a parliamentary democracy since independence and a negotiated solution would be found in that framework acceptable to all communities. In Sri Lanka, almost ten per cent of the country’s population sought overseas contract work around the world and the majority of the Sri Lankan migrant workers were women, thus making them more vulnerable to various forms of discrimination and hardships such that the Government was continuously engaged in finding concrete solutions for problems from training and orientation to model contracts, insurance and compensation, among other things.

GYAN CHANDRA ACHARYA (Nepal) said that migration had been widely accepted as an essential and beneficial component of economic and social life of great potential to many countries. Contributions made by remittance workers through remittances – including for the transfer of skill and knowledge – had importance for the socio-economic development efforts of countries of origin. Additionally, migrants contributed to the economic, social and cultural spheres of host countries. It would be appropriate to conduct a study of the enormous contributions made by migrants to host countries to foster a better perspective of their contributions within society at large.

According to the United Nations, he noted, the current number of documented international migrants was approximately 175 million, a number which was bound to increase as the push and pull factors of migration continued, fuelled by economic disparity, demand for skilled and unskilled labour and improvements in transport and information and communications technologies. As a country of origin, Nepal had undertaken to ensure its migrant workers were engaged in a safe, informed and orderly work environment and to develop and strengthen the necessary infrastructure for migration management. However, further consolidation internationally of legal and institutional frameworks to safeguard and advance the human rights of migrants was desirable, including for the families of migrant workers. Among the issues of particular concern were the connection between migration and trafficking and the phenomenon of violence against migrants in host countries.

MARTA AYVAZYAN (Armenia) said that although there had been progress in recent years in institutionalising, legally framing and providing practical solutions for problems related to vulnerable groups such as refugees and migrants, among other groups, there was a continued need to address and tackle as yet unresolved issues. Reiterating the country’s commitment to the full integration and comprehensive engagement of refugees as members of Armenian society and the State, she said that more than 65,000 refugees out of a total of 360,000 had been encouraged to adopt Armenian citizenship within the past several years. Naturalization allowed refugees access to benefits such as housing assistance; the Government intended to commit $5 million to the housing programme for the period 2004-2006 and would continue to work with the international community to attract additional funds from other sources.

In regard of migration, the various aspects of the question had been given serious consideration, she said, including the potential economic and social benefits in both origin and host countries. Special concern for the rights of migrants and their vulnerability was also felt and the Mass Information programmes of the International Office of Migration were regarded as essential tools for effective migration management as they provided migrants and Governments with specific, regular and reliable information on migration issues to assist informed decision-making and the shaping of adequate policies and responses. Capacity building for migration management was another important area of cooperation with the International Organization for Migration. Finally, it should be recognized that while migration represented the exercise of freedom of movement, trafficking in human beings was a crime often committed under cover of labour migration. Qualifications and professional assistance should be provided to reduce the risks of trafficking for those willing to migrate.

PETTER WIILE (Norway), speaking on behalf of the Nordic countries, expressed their appreciation to the Representative of the Secretary-General for internally displaced persons for his report which provided an overview of his work since the establishment of his mandate, and of challenges ahead. Despite the advancements over the last years, most notably in raising awareness in developing countries on the normative framework for protecting the rights of the internally displaced, progress on the ground remained limited. The Guiding Principles on Internal Displacement, developed by the Representative, were undoubtedly a success. Less progress had been made, however, in promoting effective institutional arrangements addressing internal displacement and implementing the “collaborative approach” adopted by the United Nations system, as was demonstrated by four major studies undertaken during the past year. The speaker noted the establishment of a workshop hosted by Canada in February, at which United Nations agencies, non-governmental organizations and donor Governments got together to explore ways for improving the “collaborative approach”. The Nordic countries expressed their full support for this process and their commitment to work together with all interested parties in reforming and reinvigorating this approach. Lastly, since the inception of the mandate of the Representative, the Nordic countries had been one of its staunchest supporters.

JORGE FERRER RODRIGUEZ (Cuba) said the report of the Special Rapporteur on migrants shed light on the contribution made by migrants employed as domestic workers to the countries of origin, and particularly, countries of destination, mainly developed countries. It also revealed the situation of extreme vulnerability in which these migrant workers were, and the frequent violations of their fundamental human rights in most of the countries of destination, as a result of their irregular situation and lack of protection from most of the national legislations in industrial countries. Emigration in pursuit of better economic opportunities was one of the oldest phenomena of human kind. Cuban migration to the United States had not been alien to this universal trend, but despite the fact that there were far more migrants coming from other countries, including illegal ones, Cuba was the only country that was almost constantly in the news of the United States and of Western countries, with clear-cut purpose of political propaganda against Cuba. The rest of the Latin American migration was hardly ever spoken about, let alone the poverty, dire poverty, hunger, desperation, corruption and hopelessness that encouraged it. Successive United States Administrations had politicised the bilateral migration relation as part of the growing policy of aggression and hostility. The United States did not take strong and systematic action against traffickers in persons, unlike Cuba. Cuba would not allow itself to be provoked and would continue to act calmly but strongly, strictly observing bilateral migration accords.


CORRIGENDUM


In press release HR/CN/04/37 of 6 April, the statement by the Representative of the Families of Victims of Involuntary Disappearances on page 10 should read as follows:

LOUIE CRISMO, of Families of Victims of Involuntary Disappearances, said that he would like to draw attention to the situation of women whose lives had been affected by the disappearances of their loved ones. It could not be denied that in such cases of disappearance, the victims were not limited to those who had disappeared. The enforced disappearances left families with feelings of uncertainty and caused economic disruption. Among those most affected by enforced disappearances were the wives and mothers of more than 1,100 victims of disappearances in the Philippines. Among the problems faced by these women were the need to be the sole breadwinner and parent of the family’s children. They often had problematic relationships with the children, especially when the children were required to grow up fast and help the family make ends meet. Moreover, in their attempts to find help mates in raising their children, the women often exposed their children to abuse from new men.




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