Euro-Mediterranean Human Rights Network – EMHRN

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Euro- African conference on Migration and Development

Date: 10-07-2006

To the cabinet ministers participating in the Euro-African Ministerial Conference «Migration and Development».
«Protection now»
Paris, Copenhagen, July 10th 2006.

The International Federation for Human Rights, the Euromed Platform and the Euro-Mediterranean Human Rights Network (EMHRN), remind the cabinet ministers taking part in the Euro-African ministerial conference on «Migrations and Development» that all migration policies must ensure that the universal norms for the protection of migrants and refugees are respected. Migration has become a worldwide issue. It is not only a movement from North to South, but is also a concern of the countries from which people migrate as these countries more and more are becoming transit and host countries. Migrations are the result of a wide range of factors including armed conflicts. This explains why most refugees seek refuge in neighbouring countries. Migrations are also the result of persecution and discrimination due to ethnic, religious or political backgrounds. Furthermore, migrations are a consequence - whatever the reason may be – of people feeling it impossible to build a future. As the reasons for migration are varied and plentiful, that are likely to persist, and thus migration is a phenomena that will remain. Migrations are part of the evolution of world dynamics which has always been at odds with sedentary trends of mankind. However, migrations have the potential to ensure better access to knowledge and wealth. It is therefore necessary to stop treating migrants strictly as a concern of the police and to start seeing migrants as a natural element of inter-societal dynamics. The right of the States to host foreigners or not should not result in restrictions on free movement between countries for professional, family or touristic reasons . In this context, and while the States taking part in the Rabat conference are planning to adopt an action plan against illegal immigration, the International Federation for Human Rights, the Euromed Platform and the Euro - Mediterranean Human Rights Network strongly recall that migration policies must be based on the respect for the universal Human Rights standards and the treaties concerning the rights of migrants and refugees. These rights, guaranteed by the universal standard, apply to workers, migrants with working and residence papers as well as to those workers and migrants without papers.

1 First of all, the signatories deplore that the States taking part in the Rabat Conference have put aside the issue of asylum, thus conveying the idea that all current migratory dynamics are exclusively for economic reasons. Like other regions of conflict, Africa has undergone and is still undergoing political turmoil and armed struggles, which constitute flagrant human rights violations and have devastating effects. Far from being only economic migrants escaping extreme poverty, African migrants nowadays are often refugees trying to escape oppression and are generally hosted in neighbouring countries. It is an international obligation and basic ethical human responsibility to take in emigrants whose lives are at risk. In this matter, the signatories observe that a lot of people are not given the status of refugees, and that, in Southern Mediterranean countries, receiving this status does not entitle the refugees to any actual rights. We believe that it is appropriate to recall the specificity of the right to seek asylum: this right should not depend on migration policies. The Geneva Convention on Refugees and the obligations derived from this convention must be fully respected. The States must recognize the role and the authority of the United Nations High Commissioner for Refugees, and the latter must fulfil its functions in accordance with its duties and not in the interest of the States. In this light, the signatory NGOs recall that two States1 taking part in the Rabat Conference have not ratified the 1951 Treaty regarding the status of refugees. In many States that have ratified this Treaty, there is a big lack of proper institutional mechanisms to manage and handle individual asylum applications.

2 The FIDH, the Euromed Platform and the EMHRN ascertain that the legislations concerning the entry and the permit to reside of foreigners in Europe are becoming more and more restrictive. These legislations lead to the implementation of similar legislations in Southern countries: the consequences are ever more worrying due to the fact that these legislations are implemented within a legal framework not guaranteeing basic human rights. We call upon the States taking part in the Rabat Conference to go back to a «common law» that guarantees the respect for migrants' rights and freedoms, without any exceptions. We expressly demand that the States taking part in the Rabat Conference change their legislations in order to enable migrants to enjoy their rights. We also demand that no agreement between states be passed without making sure that the rights of migrants will be fully respected. The signatory NGOs sadly recall that only 102 out of 583 States taking part in the conference (and among them, not one European State), have ratified the Libya and Cape Verde have not ratified the July 28th 1951 Treaty on the status of refugees. Cape Verde has only signed the optional protocol.

International Treaty on the protection of the rights of all migrant workers and their families.
This Treaty stipulates that all migrant workers, even illegal worker, inter alia have:
    . the right not to be part of any mass forcible eviction (article 22)
    . the right to be protected from any form of torture or other cruel, inhumane or degrading treatment (article10)
    . the right to life (article 9)
   . in case of arrest, the right to be trialed by a competent, independent and unbiased court, with all the guarantees of a fair trial (article18)
    . the right to freedom and security, effective protection by the State against violence, physical harm, threats and intimidations, be it by public servants or individual citizens, groups or institutions (article 16).

Thus, the FIDH, the Euromed Platform and the EMHRN call upon all States taking part in the Rabat conference to ratify the International Treaty on the protection of the rights of all migrant workers and their families,

3. The FIDH, the Euromed Platform and the EMHRN deplore the lack of will of the States taking part in the conference to include civil society in the discussions in Rabat. Civil society is one of the key elements in fighting racism, xenophobia and to integrate migrants properly. By refusing to listen to civil society - beyond simple and unimportant matters -, the States are proving to be very inattentive. We call upon the States participating in the Rabat Conference to listen to civil society, to take their proposals and points of view into consideration, and to make civil society a part of the set-up, the implementation and the follow-up of any action plan on migrations, as well as taking the necessary measures to strengthen their means of action.

Driss EL YAZAMI, Secretary General of the FIDH Mourad ALLAL, Euromed Platform Coordinator Kamel JENDOUBI, President of the Euro-Mediterranean Human Rights Network

For further information, please contact: Gaël Grilhot, FIDH Press Officer, +33 (0) 1 43 55 90 19

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