2009 a Bad Year for Migrants

Governments seem to forget that when men, women, and children migrate, they don’t
leave their rights at home. Instead of protecting people who already are at special risk of
abuse, many governments further marginalize migrants, punish them, or push access to
services out of reach.--highlight

Many governments' policies toward migrants worldwide expose them to human rights
abuses including labor exploitation, inadequate access to health care, and prolonged
detention in poor, overcrowded conditions, Human Rights Watch said today in advance of
International Migrants Day, on December 18, 2009.
A 25-page roundup of Human Rights Watch reporting on violations of migrants' rights
this year, "Slow Movement: Protection of Migrants' Rights in 2009," includes coverage
of China, Cuba, Egypt, France, Greece, Israel, Italy, Jordan, Kazakhstan, Kuwait,
Lebanon, Libya, Malaysia, Russia, Saudi Arabia, South Africa, Thailand, the United Arab
Emirates, and the United States.
"Governments seem to forget that when men, women, and children migrate, they don't
leave their rights at home," said Nisha Varia, senior researcher in the Women's Rights
Division of Human Rights Watch. "Instead of protecting people who already are at
special risk of abuse, many governments further marginalize migrants, punish them, or
push access to services out of reach."
Research in Greece, Italy, Libya, Egypt, and Israel showed harsh policies toward arriving
migrants, including lack of adequate screening to determine who is a refugee, arbitrary
and indefinite detention, returning persons to countries where they risk abuse, and
detention of children with adults. Aggressive policies to thwart migrants when they try to
cross borders can be lethal. Since May, Egyptian border guards have killed at least 17
migrants trying to cross into Israel.
Both documented and undocumented migrants may face abuse or discrimination in their
host cities and countries. Human Rights Watch has investigated pervasive mistreatment of
migrant domestic workers and construction workers in the Middle East and Russia.
Cheated by unscrupulous brokers and employers, these workers often told of excessive
hours, unpaid wages, and confiscation of passports. In the worst cases, their situations
amounted to forced labor and trafficking.
"Migrants form the backbone of many economies, performing the labor and services that
people in their host countries depend on but won't do themselves," Varia said. "Instead of
getting respect and the freedom and wages they are owed, they are treated as security
threats, and in general, as undesirables to be pushed out of sight."
Those apprehended for immigration offenses often face disproportionate punishments or
prolonged detention in poor conditions. Human Rights Watch showed how the United
States deports large numbers of documented migrants for nonviolent offenses with
serious consequences for family unity and fails to provide adequate health care to
migrants in detention. Immigration violations are sometimes treated as serious crimes, as
in Malaysia, where punishments include imprisonment and caning. The fear of arrest and
deportation also means that migrants may endure exploitative work conditions or avoid
approaching authorities to report abuse.
"Governments have a right to control their borders, but they need to do so in a way that
protects human rights," Varia said. "Migrants who are abused are supposed to have access
to legal remedies, regardless of their immigration status."
Government attempts to control migrant populations within their territory often include
discriminatory policies that broadly restrict migrants' freedom of movement for no
legitimate purpose, Human Rights Watch said. For example, several provinces in
Thailand require migrant workers be confined to their workplaces or homes at night and
prohibit them from traveling within the province. In Malaysia, the government has
condoned vigilante-style monitoring of migrants by a civilian group. Migration can
increase the risk of infection with HIV, tuberculosis (TB) or flu, but discrimination
against migrants can impede their access to care.

Human Rights Watch called on governments to make stronger commitments to migrants'

rights in 2010, including ratifying the International Covenant on the Rights of All
Migrant Workers and Their Families. The group also urged governments to:

 Reform immigration policies to facilitate documented migration that protects

migrants' rights, and to clamp down on intermediaries who deceive migrants or
charge unlawful fees that leave migrants indebted and more vulnerable to
exploitation;
 Screen interdicted migrants, new arrivals, and migrants in detention in accordance
with international standards, including identifying asylum seekers, trafficking
victims, and other vulnerable people, and ensuring that unaccompanied children
are treated according to their best interests;
 Ensure access to a core minimum of health services regardless of citizenship or
social origin, and repeal discriminatory provisions mandating automatic
deportation of migrants living with HIV;
 Improve labor standards and enforcement in accordance with international
standards, including equal protection of domestic workers, and strengthen
inspection mechanisms to ensure regular payment of wages and decent working
conditions for migrants;
 Investigate abuse and killings of migrants, whether by private citizens or
government authorities, and prosecute fully through the relevant national laws
while ensuring protection for migrants against retaliation. Investigations into
abuse should be carried out irrespective of migrants' immigration or contractual
status.

Source: Human Rights Watch.