IDC

UN expert to the General Assembly - "migrants in detention are among the most marginalized"

NEW YORK (25 November 2014) – During the UNGA’s 69^th Regular Session, the Secretary General of the United Nations General Assembly, Mr. Ban Ki-moon, transmitted  a report by the United Nations Special Rapporteur on the human rights of migrants, Mr. François Crépeau, concerning the role of the human rights of migrants in the Post-2015 Development Agenda and making a number of concrete recommendations regarding labour migration, irregular migration, and the use of criminalization and detention regimes by states in attempts to "manage" migration.

In his report (A/69/302), Mr. Crépeau highlighted that:

Migrants in an irregular situation, temporary migrant workers, migrant domestic workers and migrants in detention are among the most marginalized groups.

The Special Rapporteur called upon states to adopt relevant targets and indicators for a human-rights-based approach to migration policies and to squarely address how they will reduce the use and reliance on detention of migrants. Among others, he recommended that states regularly report on the:

• Reduction of the number of migrants in immigration detention;

• Proportion of migrant detention cases in which migrants were released into non-custodial alternatives to detention;

• Abolition of laws, policies and programmes that criminalize irregular migration;

• Time frame and coverage of policy on abolishing any form of detention of children on the basis of their immigration status or that of their parents;

The IDC welcomes and supports these recommendations from the Special Rapporteur. For more information, contact IDC Advocacy Coordinator, Ben Lewis ([email protected]).

by IDC

Third Committee Adopts Resolutions on Migrant Children and the Rights of Migrants

NEW YORK (25 November 2014) – The United Nations General Assembly adopted two important resolutions on the rights of migrants and migrant children during its 69^th Regular Session. Passed through the Social, Humanitarian and Cultural Committee (Third Committee), the resolutions focused on Migrant children and adolescents and the Protection of migrants, respectively.

The resolution on Migrant children and adolescents (A/C.3/69/L.52/Rev.1) was sponsored by Algeria, Argentina, Bolivia (Plurinational State of), Brazil, Brunei Darussalam, Burundi, Chile, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Haiti, Honduras, New Zealand, Nicaragua, Panama, Paraguay, Turkey, Uruguay and Venezuela (Bolivarian Republic of), and importantly adopted the 2012 Recommendation of the UN Committee on the Rights of the Child (para. 78) that:

“children, including adolescents, should not be subject to arbitrary arrest or detention based solely on their migration status”

The resolution encouraged States “to adopt alternatives to detention that take into account the best interests of the child, as a primary consideration, and respect the human rights of migrant children, including adolescents,” and reaffirmed that, “when exercising their sovereign right to enact and implement migration and border security measures, States have the duty to comply with their obligations under international law, including international human rights law, in order to ensure full respect of the human rights of migrant children”

The resolution also encouraged States to “promote national child and adolescent protection systems, in consultation with all sectors of society, including migrant communities, civil society organizations and other relevant actors.”

The Committee also took action on a resolution on the Protection of migrants (A/C.3/69/L.29/Rev.1), sponsored by Angola, Argentina, Armenia, Bolivia (Plurinational State of), Brazil, Colombia, Ecuador, Egypt, Guatemala, Honduras, Kyrgyzstan, Mali, Mexico, Nicaragua, Nigeria, Paraguay, Peru, Tajikistan, Turkey and Uruguay, approving it without a vote.

Among other things, the resolution:

(a)  Calls upon all States to respect the human rights and inherent dignity of migrants, to put an end to arbitrary arrest and detention and, in order to avoid excessive detention of irregular migrants, to review, where necessary, detention periods and to use alternatives to detention, where appropriate, including measures that have been successfully implemented by some States;

(b)  Calls upon States to put in place, if they have not yet done so, appropriate systems and procedures in order to ensure that the best interests of the child are a primary consideration in all actions or decisions concerning migrant children, regardless of their migration status, and to use, when applicable, alternatives to the detention of migrant children;

For more information, contact IDC Advocacy Coordinator, Ben Lewis ([email protected]).

by IDC

IDC Press Release: Groups commemorate 25th anniversary of the CRC by urging end to child immigration detention

NEW YORK (20 November 2014) – Twenty-five years ago the UN Convention on the Rights of the Child (CRC) was adopted, and with it the world made a promise to children: to uphold their fundamental rights, to promote their human dignity, and to safeguard their best interests in all actions. Today, the CRC remains the most widely and rapidly ratified international human rights treaty in history. Only three countries, Somalia, South Sudan and the United States, have not ratified this celebrated agreement.

Despite this near-universal commitment, countless millions of children continue to be impacted every year by illegal, arbitrary and harmful immigration detention. Whether detained themselves or impacted by the detention of their parents or guardians, migrant children experience significant harm as a result of immigration detention practices. Regardless of the reasons for detention or the conditions in which children are held, a number of studies have shown that detention has a profound and negative impact on child health and development. Even very short periods of detention can undermine child psychological and physical well-being and compromise their cognitive development. Reports on the effects of immigration detention on children have found excessive rates of suicide, suicide attempts, self-harm, mental disorder and developmental problems.

In commemoration of the 25th anniversary of the CRC, the Global Campaign to End Child Immigration Detention and hundreds of member and partner organisations worldwide, are calling upon states to end the practice of detaining migrant children simply for the lack of proper immigration documents. Instead, we call upon states to urgently implement non-custodial, community-based alternatives that comprehensively protect the rights of children.

The UN Committee on the Rights of the Child has clearly stated that detention of children on the basis of their or their parents’ migration status is a child rights violation. In 2012, the Committee made a landmark recommendation that:

“Children should not be criminalized or subject to punitive measures because of their or their parents’ migration status. The detention of a child because of their or their parent’s migration status constitutes a child rights violation and always contravenes the principle of the best interests of the child.”

Worldwide, UN experts, child and human rights advocates, and governments are increasingly
recognizing that there is no justifiable reason for the immigration detention of children and families. Depriving a child of liberty on the basis of their or their parents’ migration status violates international law, but more importantly, it harms migrant children and families.

Today, in commemoration of the 25th Anniversary of the Convention on the Rights of the Child, we call upon states to protect the rights of migrant children in line with the recommendation of the Committee  on the Rights of the Child by “expeditiously and completely ceasing the immigration detention of children. Together we can end child immigration detention.

For more information, visit www.endchilddetention.org.

Full release with recommendations available below.

[gview file="https://idcoalition.org/wp-content/uploads/2013/09/Press-Release_Groups-Commemorate-CRC25_en.pdf"]

by IDC