Annual Consultation with the United Nations Special Rapporteur on Human Rights of Migrants held in Kuala Lumpur from 2-3 June 2002

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EXECUTIVE SUMMARY

The Annual Consultation with the United Nations Special Rapporteur on Human Rights of Migrants held in Kuala Lumpur from 2-3 June 2002, focused on 5 main aspects with regards to the human rights of migrant workers:

1. Human rights in general
2. Labor Rights
3. Health Rights
4. Socio-cultural rights (including that of spouses & families)
5. Women's Rights

1. An understanding of basic human rights of Migrants: The topics presented and discussed were on the perception and expectations with regards to human rights of migrants and international/national laws. In contrast to the ideal or norm there were gaps in the ways governments set their standards, and laws & policies with respect to the human rights of migrants. The issue of how governments can be made to respond effectively was also discussed.
2. The current status with regards to the violations of migrant worker' rights (Human, Health, Women's & Labor): Presentations summarized the available data and its shortcomings.
   
3. International and national Laws and Policies affecting migrant workers & the role of UN Special Rapporteur on Human Rights of Migrants.
   

PRESENTATIONS & DATA

The data from both the quantitative and qualitative information provided by participants and in the formal presentations identified the following:
a. The increase in the number of undocumented workers.
b. The reduction in the quantity and deteriorating quality of health care provided to migrant workers.
c. The serious violations of human rights of migrant workers that began in the sending countries and persisted in the receiving countries.
d. The violation of health rights.
e. The poor documentation of abuse of migrant workers rights.
f. The health impact on migrant workers' spouses (including STD's).
g. The sexual abuse and violence experienced by spouses on the return of
migrant workers.
h. The increase in the smuggling and trafficking of persons with serious human rights violations (rape, detention etc).
i. The abuse of migrant workers and trafficked individuals in detention camps.
j. The increased civil political unrest in Burma, Pakistan and other countries that have forced people to leave their homelands and seek good employment opportunities and a safe place to live.
k. That existing policies, even when they protected the human rights of migrant workers neglected to promote the health rights of migrants.
l. That international law for the protection of migrant workers rights needs to be developed. Implementation of the law should ensure a global protection of migrant workers' rights. Such a law would allow violators of human rights of migrants to be prosecuted in an international court
irrespective of the country where the crime was committed. 

KEY CONSULTATION FINDINGS:

Based on the information presented and discussions the key findings were:
Firstly a gross violation of human rights was prevalent. In reviewing the documented materials, the presentations, and workshop outcomes, it was evident that the available data was poorly documented. More accurate and timely quantitative and qualitative information and documentation on violations of human rights of migrant workers was urgently needed to present a more realistic picture.

Secondly the consultation highlighted the need for information exchange between the Office of the UN Special Rapporteur on Human Rights of Migrants and Asian NGOs. This would facilitate action at both international levels; (i) to strengthen efforts to develop migrant friendly policies and (ii) to establish national/local `watchdogs'� to monitor and report abuses.

The third overall perspective the consultation demonstrated was the dynamic and the critical role of NGOs in specific community based interventions to protect and support migrant workers and their families.

The fourth major concern identified in the consultation was that resources available to the UN Special Rapporteur on Human Rights of Migrants to fulfill her mandate are limited. At the national level also there is a paucity of resources to implement the range of key inter-connected activities that are necessary (gather data, advocacy, networking, servicing etc).

The fifth theme that emerged in the consultation was the need for capacity building of NGOs in documentation of data and CARAM’s role to facilitate the process.

CONCLUSION:
40 participants from 23 organizations in 12 countries attended the consultative meeting with the UN Special Rapporteur on Human Rights of Migrant Workers.

Some of the major interventions suggested at the meeting were:
1) Data Collection:
Participants pointed out the recurring problems of abuse of migrant workers. Monitoring and documentation of problems and violations in a timely manner was considered a critical first step. It was felt that more quantitative and qualitative research and active data collection was required.
2) Capacity Development:
There was consensus on the need for skills development for personnel in NGOs and organizations that assist migrant workers. The skills needed were w.r.t. data collection, documentation and working effectively with key government organizations. Networking with health and human rights groups and international agencies as well as media were also seen as very important.
3) Active Liaison with the Special Rapporteur
Participants expressed that the Role of the UN Special Rapporteur on Human Rights of Migrants should be made more effective in the Asian context. More country visits, advocacy and participation at international forums by the Special Rapporteur were suggested useful mechanisms. The reporting of incidents of human rights violations to the UN Special Rapporteur on Human Rights of
Migrants office, it was felt, would ensure access to a global audience.

KEY RECOMMENDATIONS:
Based on the consultation-data discussions and findings- the participants made several recommendations:
1) The first set of recommendations refers to ways to strengthen the linkage with the Office of the UN Special Rapporteur on Human Rights of Migrants. The conference participants in concurrence with UN Special Rapporteur recommended that CARAM and APWLD:

a) Develop a concept paper on issues related to NGO links with the UN Special Rapporteur (reporting, lobbying mechanisms etc)

b) Develop a framework to document/monitor problems, violations and related issues.
c) Assist in the training and capacity building needed in documentation and reporting.

2) The second set of recommendations refers to enhancing the effectiveness of the Office of the UN Special Rapporteur on Human Rights of Migrants:

a) It was recommended that violation of rights of migrant workers in Asia be
highlighted and reported to the UN High Commission for Human Rights
b) In keeping with an increase of migrant workers from Asia more funds be
sought to support activities including travel of the UN Special Rapporteur
on Human Rights of Migrants.
c) In order to reinforce efforts of NGOs and the UN Special Rapporteur on Human Rights of Migrants, mutually supportive mechanisms for advocacy and reporting w.r.t. migrant rights be built into the linkages between the office of the UN Special Rapporteur on Human Rights of Migrants with
Asian migrant groups and migrant support groups. It was suggested that CARAM serve this function of coordinating lobbying efforts with the UN Special Rapporteur on Human Rights of Migrants.
d) Documentation and reporting be based on thematic issues, as well as general issues such as agreements between sending and receiving countries and how human rights are ensured.

3) The third set of recommendations refers to the initiatives at the national level of NGO's, namely, 

a) To work closely with governmental agencies and international organizations
b) To network with NGOs and other groups involved in Human Rights.
c) To develop strategies to  reduce the risks that migrant workers are exposedto before entry (Pre departure), at initial employment (Post arrival), andupon return to home (Reintegration).
d) To give priority to issues such as detention centres, rights of detaineesand survivors of trafficking. The meeting concluded with the announcement that the next annual consultationwith the UN Special Rapporteur on Human Rights of Migrants will be held in July 2003.

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