61^st Commission on Human rights

Parallel event organized by PICUM and

 Migrants Rights International

7^th April 2005

Report

PICUM Statement and Recommendations (PDF)

In collaboration with Migrants Rights International, PICUM organized the first event dedicated explicitly to the human rights of undocumented migrants during the UN Commission on Human Rights.

The event took place on 7 April 2005 at the United Nations in Geneva. The panel included representatives from the ILO, the Global Commission on International Migration, JCWI (United Kingdom), and Stichting LOS (Netherlands). Gabriela Pizarro Rodriguez, the Special Rapporteur on Migrants, also participated. Many organisations attended this event, demonstrating a real awareness of issues facing undocumented migrants in Europe and worldwide.

Access to health care for undocumented migrants in the UK

With Geneviève Gencianos (MRI) as moderator, the event started with an introduction to the recent changes to access to free health care system in the UK given by Ms Kate Lewis from Joint Council for the Welfare of Immigrants (JCWI). On 1 April 2004, a new legislation came into force with the aim to restrict the rights of overseas visitors to access free secondary health care (mostly hospital). It argues that a person must be lawfully present in the UK for over 12 months to get free access to secondary health care. Exceptions are made only in case of emergency. The government is currently looking into the possiblities for restricting access to primary health care. Ms Lewis stressed also the increase of the amount of work that is being done by international NGOs in the field of health for migrants, although this must be the role of the UK Government. 

 Access to health care for undocumented migrants in the Netherlands

Ms Rian Enderveen from Stichting LOS provided many examples of the situation of exploitation in the Netherlands and stressed the lack of protection and of access to justice for undocumented migrants in her country. The fight against irregular migration was reinforced in 1998. Access to welfare, to legal employment, and to housing was restricted, with as a result an increase of cases of exploitation and a strengthening of the power of exploiters.

EU policy to combat irregular migration

Mr. Serge Ducrocq, representative of PICUM, gave an overview of the EU policy to  combating irregular migration and its consequences, namely the increase of criminalisation and the stigmatisation of undocumented migrants in the eyes of general public. In providing some examples of human rights violations in the field of housing, education, labour and health care, he pointed out how the principle of social exclusion is included in the EU migration policy, and how this poses a threat to social cohesion in society. Mr Ducrocq concluded with some recommendations to improve the situation of undocumented migrants, and to consider them as a target group of any social policy. He urged the states to ratify the UN convention on the protection of the Rights of all migrants workers and members of their families, which is a UN treaty recognizing explicitly the existence of undocumented migrants[1].

Intervention of  Special Rapporteur on the human rights of migrants

The Special Rapporteur on the human rights of migrants, Ms Gabriela Rodriguez Pizarro talked about her observations based on various country visits and consultations. During the last year she focused her attention on Europe and the Mediterranean. She noted a continuing deterioration in the human rights situation of migrants and in particular of those with irregular administrative status. Most  violations are according to her committed in detention centres, airports and consulates. She encouraged states to adopt comprehensive migration policies that place individuals and their rights at the centre of legislation[2].

Intervention of Global Commission on International Migration

The Global Commission on International Migration (GCIM) was represented by Mr Khalid Koser. He started his presentation explaining the history of the GCIM, its composition and its aim. GCIM started its work on the 1 January 2004. Its aim is to provide the framework for the formulation of a comprehensive response to migration. Its final report will be submitted in October 2005. Irregular migration and a legal and normative framework are priorities for CGIM. Regarding undocumented migrants, Mr Koser mentioned the great diversity of categories regarding the status or the situation (trafficked people, failed asylum seekers, undocumented migrants workers). He stressed the necessity of human rights protection for those people. [3]

Intervention of International Labour Organisation

Last panellist Mr Piyasiri Wickramasekara spoke for the ILO. He pointed out that irregular migration should be treated as part of a broader labour market issue and not only as a legal issue and a security concern. He made us remember that ILO and UN instruments recognize rights of undocumented migrants workers, especially Convention n°143 and the UN Migrants workers convention. He added that loss of employment should never lead to an irregular status.

The Resolution on migrants workers adopted at the ILO International Labour Conference 2004 called for ensuring that human rights and labour rights of irregular migrants are effectively protected.[4]