Panel Discussion
on
Current challenges in protecting the human rights of migrant workers -
Panel discussion marking the 25th Anniversary of the Adoption of the
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
Statement by
Mr. Hubert René SCHILLINGER,
Director, Geneva Office, Friedrich-Ebert-Stiftung (FES)
Excellencies,
Ladies and Gentlemen,
It is a great honour and a privilege to speak to you at our joint panel discussion marking the 25th Anniversary of the Adoption of the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW).
1.
Although this convention is now in force since 2003, and 48 States have ratified it to date, it has perhaps not yet received the attention it deserves, especially in target countries of migration, like my home country, Germany. Still most, if not all ofthem seem to be quite reluctant or outright unwilling to sign and ratify it. Why is that so? I am not completely sure. My own assessment is that this stems mostly from a fear that the convention would place excessive restrictions on governments with regard to their migration and employment policies. Most importantly, there seems to be a perception that it would become more difficult or even outright impossible to take adequate countermeasures against illegal migration once the convention has been ratified. To the extent that the attitude of countries towards the Migrant Workers convention is guided by that fear, this 25th anniversary of its adoption should be used to actively go against that erroneous perception. In fact, article 79 of the convention clearly stipulates that it does not regulate the prerequisites for immigration, residence or employment, all of which are left to the sovereignty of the States parties.
2.
Instead and in particular at a time, when the world is facing a major, if not unprecedented surge in migration, which in some regions has reached crisis proportions, we should highlight the importance of an internationally recognized legal instrument that demands a guarantee of certain fundamental rights for all migrants.
Migrants are a particularly vulnerable group. Throughout the migration process, starting in their countries of origin or sending countriesand continuing equally in transit countries and their host or destination country, migrants are frequentlyconfronted with situations which violate their human rights. Migrants are frequently exploited by human traffickers, who make money out of their victims’ desire to leave their home countries, or who even have no problem to put their customers’ lives at risk, as we can currently see in the Mediterranean on daily basis. Also migrants are often brutally exploited in their host country because they do not know its language and laws, because those laws curtail the rights of migrants, or because migrants dare not demand their rights because they lack a legal status. The plight of migrant workers in the Gulf, is just one example here, but exploitation of vulnerable immigrants happens everywhere and all the time.
We will hear more of this and other experiences in the panel that follows. We will also hear about different initiatives and approaches that deal with the plight of migrant workers or of migrants in general and discuss the lessons that can be learnt thereof.
3.
Many observers see the current migration crisis in Europe as a watershed. Almost everybody seems to agree that a “business as usual”-approach to migration policy will not suffice to cope with the challenges that lie ahead. However, it is not at all clear yet if this will lead to a situation where the strongest anti-migrant discourse and the toughest policies on immigrants will win the day, or whether, on the contrary, a humane approach and enlightened self-interest will prevail. For the latter to happen, it is important that in this debate politicians and the public must be reminded of internationally accepted standards and their moral obligation to adhere to those standards, even if a particular country has not formally ratified or acceded to a particular treaty. The International Convention on the Protection of All Migrant Workers and Members of Their Families is the most comprehensive international instrument to date on migrants. Wherever migration policies are coming under review, the Convention must be harnessed in order to promote a human-rights based approach to migration.With this opportunity in mind there is then also cause for cautious optimism thata quarter of a century after its adoption- and to the surprise of some - thisConvention isregaining its policy-relevance and finally is also getting the attention it deserves.
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