Introductory Note

This draft is intended as a contribution towards regional and international programs of action to address discrimination and xenophobia, particularly that directed against migrants, refugees and other non-nationals. Compiled by Migrants Rights International, it draws on contributions from several international non-governmental organizations with long experience in the field, including Human Rights Watch, the International Confederation of Free Trade Unions and the International Commission of Jurists, as well as perspectives from the International Labour Office. It has incorporated considerable material from the Ministers' Declaration, the Conclusions and Recommendations, and the NGO Conclusions from the European Regional Conference against Racism held in Strasbourg, 11-13 October 2000. This draft is an attempt to elaborate a coherent and comprehensive approach towards action on discrimination and xenophobia; it is hoped that such an approach could eventually assist in defining national policies, strategies and actions. It is presented as a work in progress. Suggestions and contributions to strengthen it are welcome. Please send comments to MRI by e-mail at migrantwatch@vtx.ch or by Fax +41-22 917 78 10. Translation into Spanish and French is being arranged.

Context

1. Growing racist and xenophobic hostility directed at non-nationals, including migrants, refugees, asylum-seekers, displaced persons and other foreigners is recognized as a most serious expression of the denial of human rights, human dignity and security.

2. Manifestations include:
· incitement to and actions of overt exclusion, hostility and violence against persons explicitly based on their perceived status as foreigners or non-nationals;
· discrimination against foreigners in employment, housing, health care and other aspects of interaction in civil society;
· association of migrants, immigrants, refugees and displaced persons with crime and criminality, and utilization of terminology of illegality to characterize persons;
· restricted application of basic human and legal rights protections for non-nationals in laws and procedures of States; restrictions usually accentuated for foreign nationals present without authorization to enter or remain or be employed in that territory.

3. Migration and treatment of migrants has become a major concern. Certain aspects of globalization are leading to a deterioration of economic and social conditions in some countries, resulting in deepened social exclusion and increased migratory pressures. Tensions and manifestations of racism and xenophobia are fostered by severe economic inequalities and the marginalization of persons from access to basic economic and social conditions. Especially targeted are migrants, refugees, displaced persons, and non-nationals: those perceived to be outsiders or foreigners.

4. The growth of often-violent racism and xenophobia against migrants and refugees is fed by restrictive immigration policies; increasingly narrow interpretations of government obligations to protect refugees; the resulting reliance by all categories of migrants on often clandestine means of entry; the resultant criminalization of so-called illegal migrants; the stigmatization of refugees as "bogus asylum seekers"; and the scapegoating of migrants and refugees as criminals and the cause of unemployment. Principles

5. Three fundamental principals should underlie non-discriminatory treatment of migrants, refugees, asylum-seekers, displaced persons and other non-nationals in all States:
· First is recognition and validation that virtually all countries today are in fact multicultural, with rich diversities of racial and ethnic identities, cultures, languages, traditions, religious faiths, and national origins contributing to the identity and development of each society. Multiculturalism and respect for the values and identities of others must be upheld and promoted as fundamental contemporary values.
· Secondly, the valorization and extension to all persons of universally recognized human rights must serve as the fundamental basis of law, policy and practice by all actors in States and society, governmental and non-governmental.
· Thirdly, the rule of law must remain an essential foundation of each State and society, to strengthen democratic values and to serve as essential guarantor of democracy, of accountability and of access to justice for all.

National Strategy

6. A strategically focussed, multi-faceted and long-term approach is essential to combat racism and xenophobia effectively. All countries should elaborate national policies and strategic plans to address racism and xenophobia. Such plans and policies, in order to protect non-nationals as well as others, should contain elements to:
· Adopt, implement and enforce fully the relevant international standards that explicitly ensure non-discrimination towards and protection of basic rights and dignity of all persons, including migrants, refugees and other foreigners present on the territory of every state.
· Make illegal, politically costly and socially unacceptable the expression of racist and xenophobic behavior and actions.
· Formulate and popularize validations of multiculturalism, respect for diversity, and recognition of positive contributions of migration in each country.
· Establish and implement specific policies, procedures and mechanisms in all government, private sector and civil society institutions to prevent discrimination, change attitudes, provide effective remedies and ensure non-discriminatory operations and relations.
· Encourage effective political leadership against discrimination and for equality of opportunity by leading individuals and organizations in all sectors, including politicians and political parties, government, parliamentary, business, trade union, religious, civil society and community leaders and bodies, as well as sports, arts and cultural personalities.
· Ensure active public education, awareness-raising and information activities and campaigns, through educational institutions, communications media, political processes, the Internet, and all other means and institutions.

National Strategy and Action Plans

7. Specific measures related to treatment of non-nationals and steps to combat xenophobia should be included in the elaboration and implementation of national strategies and action plans on combating racism and xenophobia.

8. Such plans should be elaborated in direct consultation with representatives of affected groups and populations, and should be implemented in partnership with civil society.

9. National inter-agency consultative processes and bodies should be established incorporating representatives from all concerned government ministries and departments, to devise, coordinate and monitor implementation of national strategies, policies and programs to combat racism and xenophobia and promote multiculturalism. Participation by civil society organizations and relevant international organizations should be included in these.

10. Convening a national civil society consultative forum should be considered in each country, to facilitate exchange of information, coordination and possible common perspectives on addressing racism, xenophobia and other discrimination. Any such fora should ensure inclusion of migrant and refugee participation as well as that of concerned NGOs, religious organizations, trade unions and business associations.

Application of International Norms as Sound Policy Basis

11. All States should sign and ratify or accede to, and fully implement the principle international and regional instruments elaborated to address discrimination against and treatment of foreigners, particularly migrants and refugees. Where necessary, existing legislation and jurisprudence should be reviewed to ensure accord with relevant international standards. Most directly relevant international instruments are the:
· UN Convention for the Elimination of Racism and Racial Discrimination
· ILO Convention 111 on Discrimination
· 1951 Convention and 1967 Protocol relating to the Status of Refugees
· 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families
· ILO Conventions 97 and 143 on Protection of Migrant Workers
· ILO Convention 87 on Freedom of Association
· ILO Convention 98 on the Right to Organize
· ILO Convention 138 on Minimum Age
· ILO Convention 182 on Worst Forms of Child Labour
· ILO Declaration of Fundamental Principles and Rights at Work (applies even to governments which have not ratified specific ILO Conventions above)
· (Include key regional standards)

12. Particular attention should be given to prompt ratification or accession by States in the Americas to the 1990 International Convention on the Protection and Rights of All Migrant Workers and Members of Their Families. The mechanism of individual complaints provided by the Convention should be accepted. States should refrain from impeding ratification by other States or calling for standards explicitly less strict than the 1990 Convention.

13. Application and interpretation of the 1951 Convention and its 1967 Protocol relating to the Status of Refugees should affirm that systematic discrimination on grounds of racial or ethnic origin constitutes persecution for the purposes of the Convention, and guarantee that no-one will be expelled or extradited when there reasons to believe that such person may subsequently be subject to acts of racism, racial discrimination, xenophobia or related intolerance.

14. Asylum seekers, refuges and migrants should be provided access to basic economic and social rights as provided in international law, including social security, health care, education, employment and adequate housing.

15. Provision of access to basic health services, schooling and police protection should be assured to all persons present in a country without status surveillance or other measures that discriminate or discourage access and thus put at risk general public health and safety.

16. The right of undocumented and other migrants to seek effective remedies for human rights violations (including police abuse, sexual assault and domestic violence) should be provided without fear of detention and summary deportation.

17. The right to family reunion and family integrity should be guaranteed, as a derivation of the internationally recognized right to family life. Family reunification policies should not be subordinated to immigration quotas or subject to political manipulation. Independent status should be guaranteed to all family members, of particular importance in protecting women and children against family violence. Once admitted, family members should enjoy secure and independent residence status including the full enjoyment of all economic, social and cultural rights. Comprehensive Anti-discrimination Legislation

18. To combat effectively discrimination against non-nationals, particularly migrant workers and refugees, criminal, civil, administrative and labor law should expressly and specifically include prohibition of direct and indirect discrimination on grounds of actual or presumed nationality or national origin, as well as on racial, ethnic, religious belief, gender and other grounds.

19. National anti-discrimination legislation should specifically include access to and provision for effective judicial, administrative and other remedies for non-citizens, including access to seek just and adequate redress or reparations for damages suffered as a result of discrimination, gender violence, and abuse by employers or state agents.

20. Such legislation should explicitly designate the fullest extent of application to non-nationals, in accord with international standards, in areas of employment, labor, health-care, education, housing, social protection and social security, social benefits, access to supply of goods and services and to public places, as well as residency and citizenship. Multiculturalism and Respect for Diversity

21. All States should explicitly acknowledge and validate multicultural, multiethnic, multi-religious participation in national societies, and encourage mutual respect among different groups and identities.

22. Specific and urgent attention must be given to ensuring positive political and community leadership in all sectors in promoting values of multiculturalism, diversity, respect for 'others' and condemning xenophobia and anti-foreigner behavior and actions.

23. Specific attention needs to be given to understanding and promoting positive images of migration and refugees in education, training, communications, to combating negative stereotypes, and to suppressing misinformation and disinformation regarding foreigners, including use of misleading migration data.

Administrative Measures and Best Practices

24. Legal, administrative, economic and political encouragement should be given to the development and implementation of specific practices and measures at all levels and as the responsibility of all sectors: national and local government administration, private sector, labor, religious institutions, civil society and community organizations.

25. Governments in the Americas should undertake a thorough review of their migration, asylum and immigration policies and practices, to ensure that they are brought into compliance with the applicable international and regional human rights and anti-discrimination standards.

26. Admissions policies should be examined to avoid or eliminate provisions, criteria or procedures that reinforce racist and xenophobic attitudes and practices.

27. Legal aid and legal assistance should be provided to asylum seekers, refugees and migrants.

28. Policies and regulations should be reviewed to facilitate the regularization of undocumented persons.

29. Discriminatory treatment by public authorities of immigrants, migrants, asylum seekers and undocumented persons should be ended, in particular by police, other law enforcement officers and immigration officers, as well de facto immigration officials such as airport and airline employees.

30. Placing non-nationals in detention for reasons other than those of criminal proceedings that would apply equally to nationals should be ended.

31. Physically abusive methods of restraint during deportations should be ended.

32. Migrant workers should be protected from debt bondage, withheld compensation, unsafe working conditions, and other violations of labor and employment laws.

33. Measures intended to combat trafficking in persons should take into due account and include provisions on witness protection and human rights protection, and comply with international human rights standards.

34. Statistics should be kept and used in disaggregated form (i.e., the data broken down by race, sex, age, etc.) in order to assess the complexities of modern migration patterns and to allocate resources accordingly (e.g., to identify the difference between rights protection needed for women in low-paid domestic service and for professionals in the computer industry or other high-technology fields.) Specific Attention to Issues of Gender and Age

35. An empowering, gender-sensitive analysis and approach should be incorporated in all policy formulation and implementation to address the multiple discrimination faced by female refugees and migrants.

36. The precarious situation of migrant and refugee women should be recognized, and their own independent status granted in all immigration matters. For example, gender-based violence in host and transit countries during custody, detention, incarceration or repatriation proceedings should be prevented.

37. The particular vulnerability of migrant and refugee children, particularly unaccompanied children, should be recognized. Qualified guardians should be appointed for children separated from their parents or otherwise unaccompanied by a responsible adult. Education, Training and Awareness Raising

38. All States should commit themselves to ensuring access to education without discrimination, in accord with international standards, including access to schooling for all children present in the territory, regardless of legal status.

39. All States should ensure that school curricula include broad global perspectives validating worldwide contributions to knowledge and civilization, and specifically emphasizing the contributions migration has made and currently makes to human development and the development of the particular country.

40. States should consider measures to encourage responsibilities of newscasters, reporters and editors of news and communications media to discourage discrimination and uphold dignity of all persons.

41. Human rights education and anti-racism training programs should be provided to key professionals frequently in contact with immigrants and asylum seekers, including customs and immigration officers. International Cooperation

42. Regional Conferences and the World Conference should include a specific working group on migration, refugees and xenophobia, and additional attention should be given to this area of concern in preparations.

43. Inter-regional dialogue, exchange of experience and best practices, and cooperation should be encouraged and facilitated among governments on challenging discrimination and xenophobia against non-nationals, including migrants, refugees, asylum-seekers and others.

44. The international organizations with specialized activity in the related arenas of migration, refugees and discrimination, including particularly ILO, IOM, OHCHR and UNHCR, should facilitate gathering and exchange of information, and cooperation among governments regarding addressing discrimination and xenophobia against non-nationals. Revised 2 November 2000