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Committee on Migrant Workers (CMW)

Topic: Protection of the human rights of migrant workers and their families
Chair Members:
President: Mariana Len Ablanedo
Moderator: Mara Fernanda Santos de la Rosa
Secretary: Fernanda Len Paredes

Background
Welcome delegates to the IMMUN 2015.
The (CMW) is the body of independent experts that monitors implementation of
the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families by its State parties. It held its first session in March 2004.
In accordance with the international instruments concerning human rights, to respect and to
ensure to all migrant workers and members of their families within their territory, there
shouldnt be distinction of any kind such as to sex, race, color, language, religion or
conviction, political or other opinion, national, ethnic or social origin, nationality, age,
economic position, property, marital status, birth or other status.
This committee therefore asks for an international cooperation

Key words

There are some terms that the delegates must know so they can debate about the
topic:

The term "migrant worker" refers to a person who is to be engaged, is engaged or


has been engaged in a remunerated activity in a State of which he or she is not a
national.

"Frontier worker" refers to a migrant worker who retains his or her habitual
residence in a neighboring State to which he or she normally returns every day or at
least once a week;

"Seasonal worker" refers to a migrant worker whose work by its character is


dependent on seasonal conditions and is performed only during part of the year.

"Seafarer", which includes a fisherman, refers to a migrant worker employed on


board a vessel registered in a State of which he or she is not a national;

"Worker on an offshore installation" refers to a migrant worker employed on an


offshore installation that is under the jurisdiction of a State of which he or she is
not a national.

"Itinerant worker'' refers to a migrant worker who, having his or her habitual
residence in one State, has to travel to another State or States for short periods,
owing to the nature of his or her occupation.

"Project-tied worker" refers to a migrant worker admitted to a State of employment


for a defined period to work solely on a specific project being carried out in that
State by his or her employer.

"Specified-employment worker" refers to a migrant worker: who has been sent by


his or her employer for a restricted and defined period of time to a State of
employment to undertake a specific assignment or duty.

History of the Problem


Migration has occurred during all periods of mankind history. Previously, it started as an
elemental reason survival, not far away from what we force today. Nowadays, it is a
demographic international phenomenon caused by armed conflicts and humanitarian crises,
for ideological, political, economic and religious issues as lack of opportunities,
persecutions, among others.
However, the biggest impact referred to migration was in World War II, when some
countries (United States of America, Argentina, Canada and Australia) rescued lots of
people by the creation of well-constructed programs. Big amounts of people moved from
their countries to another, searching for a better and more stable life.
Immigrants, hardly had the opportunity to aspire for a better quality of life, to get a good
personal and family development, they were and continue being the most vulnerable sector
of our society, thus came to suffer multiple abuses and discrimination, without any law to
protect them.
Migration movements were and continue being important changer factors in society.

Discrimination
There has always been a dominant group defined by them as superior or with more
legitimate rights. They are based on the physical and biological features distinctions, for
example skin color or culture belonging; causing contempt and exclusion, and promoting
inequality and discrimination.

International Convention on the Elimination of All Forms of Racial Discrimination.

Entry into force on January 4th, 1969, willing to adopt all necessary measures for speedily
eliminating racial discrimination in all its forms and manifestations, and to prevent and
combat racist doctrines.
The term "racial discrimination" shall mean any distinction, exclusion, restriction or
preference based on race, colour, descent, or national or ethnic.
Human Rights to migrants
Along time the UN have created several conventions for the protection of migrants, such
as:
Migration for Employment Convention No. 66, Migration for Employment Convention No.
97 and International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families.
All of them are concerned about the Recruitment, Placing and Conditions of Labour of
Migrants for Employment; Include all information relating to emigration and immigration
on national policies, laws and regulations; Recognize the importance of the work done in
connection with migrant workers and members of their families in various organs of the
United Nations; Recall that one of the objectives of the International Labour Organization,
is the protection of the interests of workers when employed in countries other than their
own, and bearing in mind the expertise and experience of that organization in matters
related to migrant workers and members of their families.
Also, gave meaning to the term migrant for employment which is a person who migrates
from one country to another with a view to being employed otherwise.

Current situation
Migrants are known as people on the move. An estimated 232 million people currently live
outside their country of origin, many having moved for a variety of reasons in which the
search for protection and the search for opportunity are inextricably entwined. Involves
millions of people and affects a large number of States in the international community

Large numbers of migrants today move between developing countries, and around 40
percent of the total global migrant population have moved to a neighbouring country within
their region of origin.
Migrants are often to be found working in jobs that are dirty, dangerous and degrading (the
3 Ds). While for some migration is a positive and empowering experience, far too many
migrants have to endure human rights violations, discrimination, and exploitation.
Human rights violations against migrants, including denial of access to fundamental
economic and social rights are often closely linked to discriminatory laws, and to deepseated attitudes of prejudice and xenophobia against migrants.

Graph 1: Migration observatory, Perception of immigrants: reasons for migrating in 2011.


This chart shows that the main reason for someone to migrate is asylum followed by work,
and less than the 10% doesnt really know why they migrate.

A study by the U.N. High Commissioner for Refugees found that 58 percent of the
unaccompanied children are motivated by safety concerns, fearing conditions back home.
Due to global inequalities and restrictive immigration policies, many migrants look for a
way to subsist, even if this way is not at all safety and legal, they start having contact with
smugglers for help, for example to move clandestinely. According to reports, there are two
relevant smuggling flows: from Latin America to the United States and from Africa to
Europe.
Latin America to the United States
Migration to the United States is composed of four main flows: Lawful permanent residents
(LPRs), humanitarian migrants (including refugees and asylum seekers), temporary
workers and students, and unauthorized migrants. Some flows are larger than others, and
each type is likely to respond differently to changing labor-market conditions.

Humanitarian migrants. Refugees are resettled in an orderly manner from large


pools of eligible applicants while asylum seekers apply for refugee status after
arriving at a port of entry or from inside the United States following a change of
circumstances in their home country. Both groups can eventually become LPRs. The
president sets refugee admissions each year; Congress must approve the ceiling.

Legal temporary residents. Includes temporary workers and students. Temporary


workers are admitted on work visas issued after a successful petition by their
prospective employer. Students enter the United States on visas whose duration
corresponds to the term of their studies. They can work part-time in the United
States, and most students may work for a period of up to 18 months after
completing their studies under the Optional Practical Training (OPT) regulation.

Unauthorized immigrants. This group includes those who either entered the
country illegallytypically by crossing the border with Mexicoor overstayed or
otherwise violated the terms of a valid visa.

Africa to Europe
The factors are even stronger than those behind Latin Americans migration. Nonetheless,
Europe does host the largest African-born population outside Africa.
Migrants are subject to exploitation throughout their journey.
Many European countries do not have repatriation agreements with African countries, and
migrants without identification are generally released with an order to depart.
It is estimated that about 55,000 Africans migrate to Europe every year.

UN Actions
The charter of the United Nations is based on the principles of the dignity and equality
inherent in all human beings, their purpose is to promote and encourage universal respect

and observance of human rights and fundamental freedoms for all, without distinction as to
race, sex, language or religion.
The Universal Declaration of Human Rights proclaims that all human beings are born free
and equal in dignity and rights.
Racial differentiation is scientifically false, morally condemnable, socially unjust and
dangerous, therefore there is no justification for racial discrimination, in theory or in
practice, anywhere.
The existence of racial barriers is repugnant to the ideals of any human society,
Migrants are the centre of migration policies and management, and pays particular attention
to the situation of marginalized and disadvantaged groups of migrants. Such an approach
will also ensure that migrants are included in relevant national action plans and strategies,
such as plans on the provision of public housing or national strategies to combat racism and
xenophobia.
Migrant workers and their families deserve a non-discrimination way of live with a strict
Respect to their Rights.

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