UN Committee on Rights of Migrant Workers publishes findings on Albania, Guatemala, Libya and Tajikistan

GENEVA (16 April 2019) – The UN Committee on Migrant Workers has published its findings on the countries it examined during its latest session from 1 to 12 April 2019: Albania, Guatemala, Libya and Tajikistan.

They are among the 54 States Parties to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. As such, they are required to submit regular reports to the Committee, which is composed of 14 international independent human rights experts.

The findings, officially termed concluding observations, contain positive aspects of how the respective State is doing with regard to implementation of the Convention and also main matters of concern and recommendations. The concluding observations can now be found online. Some of the key findings are:

Guatemala: The Committee is concerned at reports that Guatemalan migrant workers and members of their families are victims of various crimes along the migration route northwards, committed by criminal gangs, including members of the police, and immigration and other public officials. The Committee recommends that measures be taken to investigate, prosecute and punish, administratively and criminally, acts of extortion and other crimes. It requests that measures be implemented to establish “firewalls” (protection of personal data and information) for migrants in transit on its territory.

Libya: The Committee is troubled by the reports it has received regarding the human rights violations to which migrants are subjected that cause death, suffering, or serious injury to body or to mental or physical health. It urges the State party and other actors that exercise effective control to immediately take the necessary measures to protect migrants, including migrant workers and members of their families, from any conditions that might violate their rights under the Convention and international law. The Committee recognizes the particularly severe effects of the ongoing conflict and the security, political, economic and social instabilities the State party is facing, which have a great impact on migrant workers and members of their families and constitute a serious obstacle to the implementation of the rights enshrined in the Convention.

Albania: The Committee is concerned that the provisions of the Convention are not fully reflected in all relevant national legislation, especially in the issuance of residence permits for family members of migrant workers; the right of migrants in an irregular situation to join trade unions; protection of migrant workers in an irregular situation and their children, and of asylum-seeking migrant workers; as well as legal guarantees, including for access to health, education, the labour market and social assistance.

Tajikistan: During the constructive dialogue with the Committee, the State party indicated that it is determined to take the necessary measures to comply with the provisions of the Convention. The Committee expresses concern, however, regarding the lack of effective measures taken by the State party to protect Tajik migrant workers and members of their families from human rights violations in the countries of employment.

The Committee will next meet from 2 to 11 September 2019 to review Argentina, Bosnia and Herzegovina, and Colombia. More details.