A/HRC/42/58
an economic, social and political conversation on this issue over a generation will be
required to implement effective reforms and transition those industries towards a nonexploitative economic model.
7.
He noted that, unfortunately, mobility facilitation is not the direction that most
destination countries are currently taking. In fact, a majority of their political leaders seem
especially hostile to such a vision. The toxic nationalist, populist, prohibitionist discourse is
dominant and risks remaining so for quite some time. He stressed the need to mobilise all
forces to change the mindset towards migrants.
8.
Mr. Crépeau concluded by stating that empowering people to defend their own
rights is the only strategy that has ever worked for protecting human rights. Migrants need
empowerment and this will only be possible when a regular administrative status will be
available to them, as it will mean the elimination of the constant fear of being arbitrarily
detected, detained and deported. He recommended increasing the possibilities for migrants
to have their voice heard by, for example, facilitating the consultation of migrants every
time the legislator discusses immigration or labour laws; facilitating the creation of
migrants’ associations and the unionisation of all migrant workers; facilitating access to
justice for all migrants; ensuring effective labour inspections and audits; and ensuring that
employers are not abusing their position of authority. Over the long term, he recommended
redirecting the vast resources dedicated to preventing people from crossing the border,
towards policies that will help migrants integrate and find or create jobs, and towards
ensuring that local populations are not afraid of the newcomers.
9.
During the interactive discussion, the Chairperson-Rapporteur asked Mr. Crépeau
whether the GCM fills the gaps in the existing international protection framework and when
anti-migrant attitudes and sentiments become racism and xenophobia. To the first question,
Mr. Crépeau replied that the GCM lays the ground of what needs to be done for the next ten
years. He explained that gaps in the protection of the rights of migrants are often the result
of their precarious administrative status. Therefore, there is a need to facilitate access to
legal documents in order to ensure better integration of migrants; to avoid disempowering
migrants; to make sure that migrants are less vulnerable to abuses and exploitation, as well
as to racism and xenophobia; to facilitate access to all basic services and respect of the
human rights of migrants; to ensure better labour inspections; and to train police to protect
migrants and their rights. To the second question, Mr. Crépeau replied that the distinction
between anti-migrant attitudes and sentiments, on the one hand, and racism and
xenophobia, on the other hand, must be established by court decisions. He noted that the
doctrine on the subject matter is evolving.
10.
The representative of Zimbabwe was interested to hear about the ways in which a
change of mind-set regarding negative stereotypes against migrants can be achieved. Mr.
Crépeau replied that there are already several initiatives, notably from non-governmental
organisations, aiming at changing the mind-set towards migrants. However, this is a
difficult task. In his view, what is missing in public debate today is the voice of the
migrants themselves and, therefore, more efforts should be put on helping migrants to speak
up for their rights.
11.
The representative of South Africa requested the expert’s perspective on whether
there are gaps in the International Convention on the Elimination of all forms of Racial
Discrimination concerning migrants and what complementary standards to put in place. In
response, Mr. Crépeau noted the importance that all laws protecting workers and against
discrimination are applicable to all, including migrants. He stated that the new instrument
should draw the attention of existing institutions to the vulnerability of migrants and ensure
that existing human rights and labour norms and standards are implemented for migrants.
12.
The representative of Angola on behalf of the African group noted that negative
stereotypes and perceptions against migrants continue to prevail and have consequences for
the migrants themselves and their access to their rights. She noted the need to promote
positive aspects of migrations, notably the role of migrants in development and economic
prosperity. She inquired about the main measures to be taken to achieve this goal. In
response, Mr. Crépeau indicated three main measures to be taken by States, namely to
reduce precariousness of migrant; to ensure the implementation of labour standards for
21
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents