BY DIRRIBA TESHOME
The drivers of migration in Africa, especially in the Inter-governmental Authority for Development (IGAD) member states are many. Some migrate to search for better opportunities, business ventures, labor demands abroad, family reunifications, exposure to sudden shocks or chronic hardships associated with poverty and food insecurity.
While others leave their homeland to escape from poor governance, disasters, climate change, environmental degradation and insecurity. These all continue to impact on migration flows and key facets of development, human rights and security.
The independent National Human Rights Institutions (NHRIs) of the IGAD has recently joined the international community in commemorating International Migrants Day, on 18 December.
This marks the entry into force of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) in 1990. It has released statement that calls on the international community to respect the human rights of the migrants.
Recognizing the multifaceted violations of human rights that migrants are exposed to and the opportunity for NHRIs is to support governments to realize a culture of respect for human rights for all.
In September, IGAD NHRIs (Djibouti, Ethiopia, Kenya, Somalia, and Uganda) formed a Working Group that aims to provide a platform to share, discuss, learn and develop sustainable solutions towards the protection of migrants’ rights in the region and ensure orderly, safe and regular migration.
NHRIs take cognizance that human rights are inherent and inalienable to all human beings without distinction to any kind, including national, origin or other status. However, migrants, particularly those in irregular situations, are often disproportionately vulnerable to discrimination, exploitation, marginalization, insecurity, and human rights abuse.
Their irregular situation makes it difficult for them to report these injustices to relevant authorities thus creating room for further human rights violations.
According to NHRIs, the denial of migrants’ rights is primarily linked to discriminatory laws, policies, as well as deep-seated attitudes of prejudice. Key studies on the status of migrants in detention places, by Kenya National Commission on Human Rights (KNCHR) and other resources has showcased that migrants face systemic human rights violations such as; arbitrary detention under poor conditions; lack of fair trial process, limited access to basic services, poor living conditions and lack of access to safe and legal work.
Not only these, but they also face economic hardship, extreme distresses caused by arbitrary detention or fear of deportation; lack of access to psychosocial support to address trauma suffered in countries of origin or transit. As well, they come across general vulnerability caused by lack of legal documentation or their irregular situation or status.
Recognizing that the spirit and the letter of key human rights instruments in particular the African Charter on Human and Peoples’ Rights, relevant International Labor Organization (ILO) conventions as well as the Global Compact for Migration (GCM) and other legal frameworks which encourage state parties to uphold the human rights of all including migrants and put safeguards to empower their enjoyment to fundamental freedoms and human rights.
For these reasons, I insist all the NHRIs and international communities to work on the following points which are in line with the NHRIs statement throughout the year with commitment but not only on the celebration day.
First, all the African Union and United Nations’ member states which are yet to ratify or domesticate the instruments relevant to migrants protection to expedite the ratification, domestication and implementation of these instruments are called on in order to enhance migration governance and create a suitable environment for rights based approaches in migration.
Secondly, IGAD Member States are urged to ensure that domestic legal and administrative frameworks and procedures on migrants should comply with regional and international human rights standards.
Thirdly, I call on the stakeholders to be committed to support their respective governments to implement the Global Compact for Migration (GCM) through structured monitoring of implementation of various laws and human rights instruments and uphold migrant rights.
They should encourage all IGAD, AU, and UN Member States to support the adoption of General Comment No. 5 (2020) on Migrants’ Rights to Liberty and Freedom from Arbitrary Detention.
In other words, they need to inspire all AU and UN Member States-be it country of origin, transit and destination, to review laws and policies that are discriminatory to migrants.
And they have to take corrective institutional and structural measures to stop systemic migrant rights violations in line with the GCM, 2030 Agenda for Sustainable Development and the AU Agenda 2063 Aspirations.
Fifthly, government good will and development partners are also requested to continue supporting NHRIs to perform their human rights oversight mandate and support in mainstreaming a human rights-based approach to migration governance.
Therefore, all stakeholders need to commit themselves to support one another in line with the 2030 Agenda for Sustainable Development, and the GCM towards ensuring safe, orderly, and regular migration involving full respect for the dignity, human rights and the humane treatment of migrants regardless of their migration status.
The Ethiopian Herald January 2/2021
