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Global Migration Group

14 Intergovernmental bodies unite in call to protect rights of irregular migrants

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ICMC Office:

Global Migration Group

GENEVA, 1 October 2010—ICMC hails the unanimity of 14 major intergovernmental organizations on their historic statement yesterday on the rights and protection of irregular migrants. Among the 14 are the World Bank, the UN High Commissioner for Refugees, UNICEF, UNESCO, the UN Development Programme, the International Labour Organization, the International Organization for Migration and the Office of the High Commissioner for Human Rights, whose head Ms. Navanethem Pillay led the effort.

“This is the first wave in a sea change that we welcome,” observes Johan Ketelers, Secretary General of the International Catholic Migration Commission. “Such a commitment by the leaders of so many international organizations signals that addressing protection of migrants in irregular status is a gap too long overlooked.”

Addressing the leaders at the beginning of their meeting, Ketelers commended the de-blocking of the agenda on irregular migrants and genuine protection of their rights. “For years—and all too much recently—even their most basic human rights have widely been denied," he observed, "ignored or considered only in pieces or symptoms.”

The unprecedented group statement has clear relevance to current events, in particular pushbacks and the expulsion of refugees, migrants and even citizens, including children, in many parts of the world. In such situations, governments often argue that they are merely “applying existing law” against people in “irregular” situations.

“It is time to look more closely at the growing inadequacy of existing definitions of irregularity, and to alternatives to the creation of that irregularity,” he urged the leaders. “I won’t refer here to increasing development, decent work at home or reducing poverty—all of which are absolutely essential, but I instead focus on pursuing a better balance of migration management, with definitions that are closer to current realities and with more effective protection.”

A report of the Council of Europe estimates 5.5 million unauthorized migrants in the EU alone. Many of these people have rights even under national laws—but do not have protection; many are exploited, abused and bound up in new and very ‘flexible’ forms of labour contracts.

“Government and academic studies consistently point to the structural importance of, not just migrants, but irregular migrants to economies, whole sectors of work, and to employers and households worldwide; north and south, in developed and lesser developed countries," observed Ketelers. "We know their importance to social security schemes in the face of demographic boom and bust. We also know the individual, family and societal costs of leaving such an enormous class of people outside the law, outside protection, exposed to exploitation, abuse and expulsion.”

“The issues raised by human mobility are not solved by reducing the mobility but by managing it.”

Among his specific recommendations to the international leaders, Mr. Ketelers suggested two roads that both need to be walked. The first is to a better balance in concerted management of international migration. The second is to develop a practical status—or even plural statuses—that fit new and old forms of mobility in their contexts today: internationally recognized legal status, with clear rights and obligations. Apart from the existing US green card and the EU blue card, he identified a need to prepare for ‘orange’ cards,’ ‘brown cards’ etc. that can re-organize, with regular statuses, present and future immigrants and human mobility in general. This, he argued, "will immediately reduce both the numbers of “irregular” migrants and the specific needs for protection in this area. In short: avoid a good number of the situations that lead to irregularity."

GMG: "Migrants in an irregular situation are more likely to face discrimination, exclusion, exploitation and abuse at all stages of the migration process."14 major intergovernmental organizations present historic, unanimous statement on the rights and protection of irregular migrantsGMG: "Protecting the rights of irregular migrants is intrinsically linked to human development"."Deep concern" for the situation of irregular migrantsGMG: "The irregular situation in which international migrants may find themselves should not deprive them either of their humanity or of their rights".ICMC: "The protection of migrants in irregular status is a gap too long overlooked.”GMG: "Migrants in an irregular situation are often denied even the most basic labor protections, due process guarantees, personal security, and healthcare.""The GMG calls upon States to review the situation of migrants in an irregular situation within their territories.""The GMG calls upon states to work towards ensuring that their laws and regulations conform with and promote the realization of the applicable international human rights standards and guarantees at all stages of the migration process.""The GMG further calls on States, civil society, the private sector, the media and host communities to address the demand side of trafficking and exploitation.""The GMG calls on States, civil society, the private sector, the media and host communities to actively promote tolerant societies in which every person can enjoy his or her human rights, regardless of migrant status.""The GMG calls on States, civil society, the private sector, the media and host communities to combat xenophobia, racism and incitement to discrimination in national politics and in public discourse."GMG: "People who leave their own countries because their lives and liberty are at risk are often obliged to move in an irregular manner and find it increasingly difficult to seek and obtain refugee status."

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To read the statement presented by ICMC Secretary General, Johan Ketelers, please click here.

To read the the joint statement released by the Global Migration Group, please click here.

 For further information, please contact Alanna RYAN, ICMC Communications,
+ 41 22 919 10 36; ryan@icmc.net