12th Session (26 - 30 April 2010)

Twelfth session, Palais Wilson, Geneva, 26 - 30 April 2010

Go to the OHCHR website.

During his opening statement for the twelfth session of the Committe, Mr. Bacre Waly Ndiaye, Director of the Human Rights Council, said that this session was a particular one, because it was the first time that it met since membership was expanded to 14 members, and because it was the first meeting of the year that marks the twentieth anniversary of the Convention’s adoption. He rrecalled also that the effective protection of human rights in the context of migration was one of the six priority areas of the Office of the High Commissioner for Human Rights for 2010-2011 (in this regard, see also the Address by Ms. Kyung-wha Kang, Deputy High Commissioner for Human Rights, at the Special Panel on “Human Rights and Migration”).

Mr. Abdelhamid El Jamri, Chairperson of the Committee, welcomed all initiatives taken in order to promote the International Convention for the Protection of the Rights of All Migrant Workers in the context of the twentieth anniversary of the Convention, stating that this was also an opportunity to launch a call to all States to ratify the Convention.

The Committee considered the report from Algeria (see press release), on which it adopted this list of issues. In its concluding observations on the report of Algeria, the Committee was pleased to note that Algeria had harmonized its state laws with international treaties and also applauded the State’s bilateral and multilateral agreements at the international and regional levels which promoted equitable and humane conditions on migration. Among principal subjects of concern, the Committee took note of the lack of the State’s data collection and statistics on migrant flows, including with regard to the population of irregular workers. The Committee also noted the absence of specific measures whereby migrant workers were made aware of their rights and the lack of protection of victims of human trafficking. Furthermore, the Committee expressed concern about the law governing the right to form trade unions, not in conformity with Article 40 of the Convention and excluding migrants from forming such unions. The Committee considered of particular concern the situation of female migrant workers and children of migrant workers in an irregular situation (see press release). To see the written reply from the Government of Algeria to the Committee click here.

Amnesty International expressed concerns regarding the situation of migrants in Algeria: this has become a country of transit for immigrants, and the legal measures to combat smuggling introduced by Algerian authorities fail to comply with Algeria’s human rights obligations. AI referred to law 08-11, which regulated the entry, stay and movement of foreigners in Algeria, passed by the Algerian parliament in 2008.

Committee Chairperson Abdelhamid El Jamri said that the Committee would try to organize a joint event with the Office of the High Commissioner for Human Rights to commemorate the anniversary of the Convention. Also, the Committee had considered organizing a day of general discussion to publicize the Convention and its importance during the Committee’s thirteenth session in November 2010. States which had ratified the Convention would be invited to share their positive experiences with the ratification and implementation of the Convention.

Mr. El Jamri also addressed the Committee’s work on a draft General Comment concerning domestic migrant workers: the Committee planned to issue a preliminary draft of General Comment number one which would be distributed among their partners for use at the International Labour Conference to be held in June. The Committee would try to harmonize its work with the ILO and after discussions with the ILO in June they would then revise the draft General Comment for discussion at their thirteenth session in November.

The Committee also heard from non-governmental organizations on what they would do to mark the twentieth anniversary of the Convention. December 18's director, René Plaetevoet, briefly outlined the activities by the Steering Committee on the Global Campaign and then went into more detail about the petition which December 18 will launch. This petition specifically targets the EU Member States, none of which has ratified the Convention (see press release).