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by Nimalka Fernando, Member - Migrant Rights International

President - International Movement Against all Forms of Discrimination and Racism

While the Convention awaited ratification the UN Commission on Human Rights appointed a Special Rapporteur with a mandate to be involved in fact finding and reporting to the Commission on the present status of migrant workers. Ms Gabriela Pizzaro has submitted the to the Commission following recommendations: "Measures for the prevention of violation of human rights

The Member States of the United Nations should agree to study situations which give rise to irregular emigration in States of origin, calling for a far-reaching inter-regional, regional and bilateral dialogue (among countries or origin, transit and destination) on the prevention of irregular migration, whose most vulnerable victims are women and unaccompanied children. In this connection, joint responsibility must be brought into play. States must make consular protection fully effective.

The Special Rapporteur urges States of origin to establish mechanisms to guarantee the inclusion of all citizens as a means of encouraging them not to leave, as well as to formulate programmes and projects at the local and regional levels to strengthen community and national holding capacity.

Information campaigns in particular, must be carried out to prevent irregular migration by supplying information on all the risks involved in sending away unaccompanied minors or women in response to modelling and other job offers which may put them in hands of agents for the traffic in persons.

Information on the possibility of deportation and detention must be clear-cut. It has to be easy for consular authorities to distribute.

She has also recommended that States should develop documentation programmes for its citizens, adults and children alike, not only for national purposes but, above all, for when they are outside their countries as migrants, since the possession of documents gives them access to fundamental rights. Such documents include birth certificates, identity papers, and records, needed to work, study and have access to health facilities in the countries to which they are migrating.

In her report she has dealt extensively with the issue of 'Broken Families' According to her 'Because of the circle formed by the need for decent jobs, the lack of opportunities in countries of origin and the dream of an economically buoyant, politically stable and highly developed country, women and men emigrate to find better jobs and opportunities, in what is originally an act of genuine necessity and high hopes.

This is the environment for the separation of the family unit, the unit which creates and brings about emotional and social development. The separation of parents and children, with unaccompanied minors being sent away, is tangible evidence of migration.

When strong families are separated for long periods of time, they break up. This kind of break-up has a negative impact on the elderly, adults, young people and children. A change of role takes place in individual behaviour and leads to loneliness, depression and, in many cases, cases of violence, including sexual violence. All this is the result of the lack of regularization of migration with a view to family reunification that is formally and fully governed by laws protecting the family as the group unit of society.

Sri Lankan experiences

The Sri Lankan economy is highly dependent on the remittances received from migrant labour. Annual inflow indicates a rapid increase and growth of the migrant population.

At the same time organisations advocating rights of migrant workers have repeatedly indicated to the government/s the inadequate protection mechanisms available in the host country or where the workers are employed.

Violence, non-payment of wages and detentions continue to be the plight of the majority of workers. Some have learned to survive through.

The campaign for the voting rights of migrant worker have had some response from the Human Rights Commission and the Election Commissioner.

With the entry into force of the Convention a more active reporting and complaint procedure comes into the UN system and let's hope that states are benefitting from this process can be made more accountable. (Concluded)

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