#Draft General Comment No.5;

UN Committee on Migrant Workers – Draft General Comment No. 5 on Migrants’ Right to Liberty and Freedom from Arbitrary Detention

Migrant workers and members of their families often suffer severe human rights abuses with respect to immigration control measures, in particular those who are undocumented, including mandatory detention, being detained under punitive conditions, separating families, detaining children, barriers in accessing legal remedies, inhumane conditions, and lack of access to necessary services, in particular for vulnerable categories of migrants.

The main goal of General Comment No. 5 is to provide authoritative guidance to States in implementing their obligations under the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families regarding the right to liberty and freedom from arbitrary detention of all migrant workers and members of their families.  This general comment will also assist States in implementing relevant commitments contained in the Global Compact on Migration, as well as assist other stakeholders with advocacy initiatives in this context. The general comment will focus, inter alia, on the following:

If detention is exceptionally resorted to consistent with the above standards, independent and regular monitoring of the detention conditions should be ensured in practice.

(Please see the original Concept Note for the full list of issues).

Excerpt from CMW Draft General Comment No.5 Concept Note and Call for Inputs, available here.

Even though Canada is neither a State Party to the Migrants Convention nor the OPCAT, Canadian human rights actors can still submit their comments on this important issue.

Stakeholders are invited to provide inputs to this initiative through a questionnaire by 1 April 2019, which can be found in English here. Submissions can be made in English, French or Spanish.

No title by David Johnson (2009).

Learn more about the Global Compact for Migration, adopted on 10 December 2018 at the intergovernmental conference held in Marrakesh, Morocco.

Read the UN Committee against Torture’s recommendations on immigration detention in Canada from 7 December 2018.

Explore the University of Oxford’s Faculty of Law Border Criminologies paper on monitoring immigration detention.

Find other detention monitoring tools and guides under Other Resources.

Posted by mp