Fwd: NGO Doc 1. Discrimination and Xenophobia directed at Migrants
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From: MINELRES moderator <[email protected]>
Date: Fri, 1 Dec 2000 13:16:31 +0200 (EET)
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Subject: Fwd: NGO Doc 1. Discrimination and Xenophobia directed at Migrants
From: MINELRES moderator <[email protected]>
Original sender: Laurie Wiseberg <[email protected]>
Fwd: NGO Doc 1. Discrimination and Xenophobia directed at
Migrants
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>From the moderator: Because of some technical troubles with our
listserver, many subscribers did not receive this message, this is why
we are re-sending it (this is also the reason why MINELRES was silent
yesterday). Our apologies to those who will probably receive this
posting twice.
Boris
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Now that NGOs are beginning to turn their attention to drafting text
for the NGO Declaration and Plan of Action, I will - from time to time
- disseminate NGO texts that are the product of serious thought and
reflection by NGO caucuses, networks or coalitions. I will also ensure
that these documents are posted on the web at http://www.hri.ca/racism
Laurie Wiseberg
NGO Liaison WCAR
Introductory Note
This draft is intended as a contribution towards regional and
international programs of action to address discrimination and
xenophobia, particularly that directed against migrants, refugees and
other non-nationals. Compiled by Migrants Rights International, it
draws on contributions from several international non-governmental
organizations with long experience in the field, including Human
Rights Watch, the International Confederation of Free Trade Unions
and the International Commission of Jurists, as well as perspectives
from the International Labour Office. It has incorporated
considerable material from the Ministers' Declaration, the
Conclusions and Recommendations, and the NGO Conclusions from the
European Regional Conference against Racism held in Strasbourg, 11-13
October 2000.
This draft is an attempt to elaborate a coherent and comprehensive
approach towards action on discrimination and xenophobia; it is hoped
that such an approach could eventually assist in defining national
policies, strategies and actions. It is presented as a work in
progress. Suggestions and contributions to strengthen it are
welcome. Please send comments to MRI by e-mail at
[email protected] or by Fax +41-22 917 78 10. Translation into
Spanish and French is being arranged.
Context
1. Growing racist and xenophobic hostility directed at non-nationals,
including migrants, refugees, asylum-seekers, displaced persons and
other foreigners is recognized as a most serious expression of the
denial of human rights, human dignity and security.
2. Manifestations include:
- incitement to and actions of overt exclusion, hostility and
violence against persons explicitly based on their perceived
status as foreigners or non-nationals;
- discrimination against foreigners in employment, housing,
health care and other aspects of interaction in civil
society;
- association of migrants, immigrants, refugees and displaced
persons with crime and criminality, and utilization of
terminology of illegality to characterize persons;
- restricted application of basic human and legal rights
protections for non-nationals in laws and procedures of
States; restrictions usually accentuated for foreign nationals
present without authorization to enter or remain or be
employed in that territory.
3. Migration and treatment of migrants has become a major concern.
Certain aspects of globalization are leading to a deterioration of
economic and social conditions in some countries, resulting in
deepened social exclusion and increased migratory pressures. Tensions
and manifestations of racism and xenophobia are fostered by severe
economic inequalities and the marginalization of persons from access
to basic economic and social conditions. Especially targeted are
migrants, refugees, displaced persons, and non-nationals: those
perceived to be outsiders or foreigners.
4. The growth of often-violent racism and xenophobia against migrants
and refugees is fed by restrictive immigration policies; increasingly
narrow interpretations of government obligations to protect refugees;
the resulting reliance by all categories of migrants on often
clandestine means of entry; the resultant criminalization of so-called
illegal migrants; the stigmatization of refugees as "bogus asylum
seekers"; and the scapegoating of migrants and refugees as criminals
and the cause of unemployment.
Principles
5. Three fundamental principals should underlie non-discriminatory
treatment of migrants, refugees, asylum-seekers, displaced persons and
other non-nationals in all States:
- First is recognition and validation that virtually all countries
today are in fact multicultural, with rich diversities of racial and
ethnic identities, cultures, languages, traditions, religious faiths,
and national origins contributing to the identity and development of
each society. Multiculturalism and respect for the values and
identities of others must be upheld and promoted as fundamental
contemporary values.
- Secondly, the valorization and extension to all persons of
universally recognized human rights must serve as the fundamental
basis of law, policy and practice by all actors in States and society,
governmental and non-governmental.
- Thirdly, the rule of law must remain an essential foundation of each
State and society, to strengthen democratic values and to serve as
essential guarantor of democracy, of accountability and of access to
justice for all.
National Strategy
6. A strategically focussed, multi-faceted and long-term approach is
essential to combat racism and xenophobia effectively. All countries
should elaborate national policies and strategic plans to address
racism and xenophobia. Such plans and policies, in order to protect
non-nationals as well as others, should contain elements to:
- Adopt, implement and enforce fully the relevant international
standards that explicitly ensure non-discrimination towards and
protection of basic rights and dignity of all persons, including
migrants, refugees and other foreigners present on the territory of
every state.
- Make illegal, politically costly and socially unacceptable the
expression of racist and xenophobic behavior and actions.
- Formulate and popularize validations of multiculturalism, respect
for diversity, and recognition of positive contributions of migration
in each country.
- Establish and implement specific policies, procedures and mechanisms
in all government, private sector and civil society institutions to
prevent discrimination, change attitudes, provide effective remedies
and ensure non-discriminatory operations and relations.
- Encourage effective political leadership against discrimination and
for equality of opportunity by leading individuals and organizations
in all sectors, including politicians and political parties,
government, parliamentary, business, trade union, religious, civil
society and community leaders and bodies, as well as sports, arts and
cultural personalities.
- Ensure active public education, awareness-raising and information
activities and campaigns, through educational institutions,
communications media, political processes, the Internet, and all other
means and institutions.
National Strategy and Action Plans
7. Specific measures related to treatment of non-nationals and steps
to combat xenophobia should be included in the elaboration and
implementation of national strategies and action plans on combating
racism and xenophobia.
8. Such plans should be elaborated in direct consultation with
representatives of affected groups and populations, and should be
implemented in partnership with civil society.
9. National inter-agency consultative processes and bodies should be
established incorporating representatives from all concerned
government ministries and departments, to devise, coordinate and
monitor implementation of national strategies, policies and programs
to combat racism and xenophobia and promote multiculturalism.
Participation by civil society organizations and relevant
international organizations should be included in these.
10. Convening a national civil society consultative forum should be
considered in each country, to facilitate exchange of information,
coordination and possible common perspectives on addressing racism,
xenophobia and other discrimination. Any such fora should ensure
inclusion of migrant and refugee participation as well as that of
concerned NGOs, religious organizations, trade unions and business
associations.
Application of International Norms as Sound Policy Basis
11. All States should sign and ratify or accede to, and fully
implement the principle international and regional instruments
elaborated to address discrimination against and treatment of
foreigners, particularly migrants and refugees. Where necessary,
existing legislation and jurisprudence should be reviewed to ensure
accord with relevant international standards. Most directly relevant
international instruments are the:
- UN Convention for the Elimination of Racism and Racial
Discrimination
- ILO Convention 111 on Discrimination
- 1951 Convention and 1967 Protocol relating to the Status of
Refugees
- 1990 International Convention on the Protection of the Rights
of All Migrant Workers and Members of Their Families
- ILO Conventions 97 and 143 on Protection of Migrant Workers
- ILO Convention 87 on Freedom of Association
- ILO Convention 98 on the Right to Organize
- ILO Convention 138 on Minimum Age
- ILO Convention 182 on Worst Forms of Child Labour
- ILO Declaration of Fundamental Principles and Rights at Work
(applies even to governments which have not ratified specific
ILO Conventions above)
- (Include key regional standards)
12. Particular attention should be given to prompt ratification or
accession by States in the Americas to the 1990 International
Convention on the Protection and Rights of All Migrant Workers and
Members of Their Families. The mechanism of individual complaints
provided by the Convention should be accepted. States should refrain
from impeding ratification by other States or calling for standards
explicitly less strict than the 1990 Convention.
13. Application and interpretation of the 1951 Convention and its
1967 Protocol relating to the Status of Refugees should affirm that
systematic discrimination on grounds of racial or ethnic origin
constitutes persecution for the purposes of the Convention, and
guarantee that no-one will be expelled or extradited when there
reasons to believe that such person may subsequently be subject to
acts of racism, racial discrimination, xenophobia or related
intolerance.
14. Asylum seekers, refuges and migrants should be provided access to
basic economic and social rights as provided in international law,
including social security, health care, education, employment and
adequate housing.
15. Provision of access to basic health services, schooling and
police protection should be assured to all persons present in a
country without status surveillance or other measures that
discriminate or discourage access and thus put at risk general public
health and safety.
16. The right of undocumented and other migrants to seek effective
remedies for human rights violations (including police abuse, sexual
assault and domestic violence) should be provided without fear of
detention and summary deportation.
17. The right to family reunion and family integrity should be
guaranteed, as a derivation of the internationally recognized right to
family life. Family reunification policies should not be subordinated
to immigration quotas or subject to political manipulation.
Independent status should be guaranteed to all family members, of
particular importance in protecting women and children against family
violence. Once admitted, family members should enjoy secure and
independent residence status including the full enjoyment of all
economic, social and cultural rights.
Comprehensive Anti-discrimination Legislation
18. To combat effectively discrimination against non-nationals,
particularly migrant workers and refugees, criminal, civil,
administrative and labor law should expressly and specifically include
prohibition of direct and indirect discrimination on grounds of actual
or presumed nationality or national origin, as well as on racial,
ethnic, religious belief, gender and other grounds.
19. National anti-discrimination legislation should specifically
include access to and provision for effective judicial, administrative
and other remedies for non-citizens, including access to seek just and
adequate redress or reparations for damages suffered as a result of
discrimination, gender violence, and abuse by employers or state
agents.
20. Such legislation should explicitly designate the fullest extent
of application to non-nationals, in accord with international
standards, in areas of employment, labor, health-care, education,
housing, social protection and social security, social benefits,
access to supply of goods and services and to public places, as well
as residency and citizenship.
Multiculturalism and Respect for Diversity
21. All States should explicitly acknowledge and validate
multicultural, multiethnic, multi-religious participation in national
societies, and encourage mutual respect among different groups and
identities.
22. Specific and urgent attention must be given to ensuring positive
political and community leadership in all sectors in promoting values
of multiculturalism, diversity, respect for 'others' and condemning
xenophobia and anti-foreigner behavior and actions.
23. Specific attention needs to be given to understanding and
promoting positive images of migration and refugees in education,
training, communications, to combating negative stereotypes, and to
suppressing misinformation and disinformation regarding foreigners,
including use of misleading migration data.
Administrative Measures and Best Practices
24. Legal, administrative, economic and political encouragement should
be given to the development and implementation of specific practices
and measures at all levels and as the responsibility of all sectors:
national and local government administration, private sector, labor,
religious institutions, civil society and community organizations.
25. Governments in the Americas should undertake a thorough review of
their migration, asylum and immigration policies and practices, to
ensure that they are brought into compliance with the applicable
international and regional human rights and anti-discrimination
standards.
26. Admissions policies should be examined to avoid or eliminate
provisions, criteria or procedures that reinforce racist and
xenophobic attitudes and practices.
27. Legal aid and legal assistance should be provided to asylum
seekers, refugees and migrants.
28. Policies and regulations should be reviewed to facilitate the
regularization of undocumented persons.
29. Discriminatory treatment by public authorities of immigrants,
migrants, asylum seekers and undocumented persons should be ended, in
particular by police, other law enforcement officers and immigration
officers, as well de facto immigration officials such as airport and
airline employees.
30. Placing non-nationals in detention for reasons other than those
of criminal proceedings that would apply equally to nationals should
be ended.
31. Physically abusive methods of restraint during deportations
should be ended.
32. Migrant workers should be protected from debt bondage, withheld
compensation, unsafe working conditions, and other violations of labor
and employment laws.
33. Measures intended to combat trafficking in persons should take
into due account and include provisions on witness protection and
human rights protection, and comply with international human rights
standards.
34. Statistics should be kept and used in disaggregated form (i.e.,
the data broken down by race, sex, age, etc.) in order to assess the
complexities of modern migration patterns and to allocate resources
accordingly (e.g., to identify the difference between rights
protection needed for women in low-paid domestic service and for
professionals in the computer industry or other high-technology
fields.)
Specific Attention to Issues of Gender and Age
35. An empowering, gender-sensitive analysis and approach should be
incorporated in all policy formulation and implementation to address
the multiple discrimination faced by female refugees and migrants.
36. The precarious situation of migrant and refugee women should be
recognized, and their own independent status granted in all
immigration matters. For example, gender-based violence in host and
transit countries during custody, detention, incarceration or
repatriation proceedings should be prevented.
37. The particular vulnerability of migrant and refugee children,
particularly unaccompanied children, should be recognized. Qualified
guardians should be appointed for children separated from their
parents or otherwise unaccompanied by a responsible adult.
Education, Training and Awareness Raising
38. All States should commit themselves to ensuring access to
education without discrimination, in accord with international
standards, including access to schooling for all children present in
the territory, regardless of legal status.
39. All States should ensure that school curricula include broad
global perspectives validating worldwide contributions to knowledge
and civilization, and specifically emphasizing the contributions
migration has made and currently makes to human development and the
development of the particular country.
40. States should consider measures to encourage responsibilities of
newscasters, reporters and editors of news and communications media to
discourage discrimination and uphold dignity of all persons.
41. Human rights education and anti-racism training programs should
be provided to key professionals frequently in contact with immigrants
and asylum seekers, including customs and immigration officers.
International Cooperation
42. Regional Conferences and the World Conference should include a
specific working group on migration, refugees and xenophobia, and
additional attention should be given to this area of concern in
preparations.
43. Inter-regional dialogue, exchange of experience and best
practices, and cooperation should be encouraged and facilitated among
governments on challenging discrimination and xenophobia against
non-nationals, including migrants, refugees, asylum-seekers and
others.
44. The international organizations with specialized activity in the
related arenas of migration, refugees and discrimination, including
particularly ILO, IOM, OHCHR and UNHCR, should facilitate gathering
and exchange of information, and cooperation among governments
regarding addressing discrimination and xenophobia against
non-nationals.
Revised
2 November 2000
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