Committee on Migrant Workers
8. [...] The Committee also expresses concern about regulations that allow the detention of migrants, fines for migrants in irregular situations and unclear procedures for expulsion or for submitting cases to court.
30. The Committee notes the steps taken by the State party to assist migrants seeking international protection and the challenges faced by the State party in responding to the increasing number of migrants from the Bolivarian Republic of Venezuela entering the State party. The Committee expresses concern about reports of abuse of authority and detention of Venezuelan migrants at border control points, including by military forces, and incidents with gangs in the border areas.
31. The Committee recommends that, in line with the Recommended Principles
and Guidelines on Human Rights at International Borders published by the Office of the United Nations High Commissioner for Human Rights, the State party:
(a) Respect its human rights obligations at all border crossings, including
the right to due process, for all migrants regardless of their status;
(b) Ensure that border governance measures address and combat all forms
of discrimination by State and private actors at international borders, and are in accordance with the principle of non-refoulement and the prohibition of arbitrary and collective expulsion;
(c) Ensure that migrants who have suffered human rights violations or
abuses as a result of border governance measures have equal and effective access to justice and remedies, and that violators are prosecuted and appropriately punished;
(d) Allocate sufficient budgetary resources to strengthen border governance,
ensuring that facilities are equipped to provide human rights-based and proportionate responses to migrants arriving at international borders, and that border authorities are trained in international human rights law relevant to their work, including with regard to gender equality;
34. The Committee regrets that, under section 9 of the Aliens (Immigration and Registration) Act and section 34 of the Immigration Act, the detention of irregular migrants is not an exceptional measure of last resort. It expresses concern at reports that migrants may be detained in the same facilities as individuals who have been charged and detained under criminal law.
35. The Committee recommends that the State party ensure that its national laws, policies and practices adequately respect the right to liberty and the prohibition of arbitrary detention of migrant workers and members of their families. In particular, it recommends that the State party:
(a) Ensure that administrative detention is used only as a measure of last
resort and that non-custodial, community-based alternatives are provided, in line with the Committee’s general comment No. 2;
(b) Ensure that children are not detained on the basis of their parents’
status, and adopt alternatives to detention that allow children to remain with family members and/or guardians;
(c) Decriminalize irregular migration and ensure that migrant workers and
members of their families have access to legal aid, effective remedies, justice and consular services, and that the guarantees enshrined in the Convention are upheld, in full compliance with articles 16 and 17 of the Convention;
(d) Provide information, in its next periodic report, on the number of
migrant workers arrested, detained and expelled for immigration-related infractions, the reason for their detention and expulsion and their detention conditions, including the length of detention.
Committee on the Elimination of Discrimination Against Women
§ 50. In line with its general recommendation No. 32 (2014) on the gender-related dimensions of refugee status, asylum, nationality and statelessness of women, the State party: (a) Seek technical assistance from the relevant United Nations agencies for the development of gender-sensitive national legislation and policies on refugees and a gender-sensitive procedure for determining refugee status; (b) Ratify the 1951 Convention relating to the Status of Refugees and the 1967 Protocol thereto; (c) Ensure an adequate standard of living, including adequate access to education, employment, health care, sanitation, food, clothing and housing for women asylum seekers, establish gender-sensitive screening mechanisms for the early identification of women and girls who are victims of trafficking among asylum seekers and their referral to the appropriate services, and provide for appropriate monitoring and complaint mechanisms at reception and housing facilities; (d) Allocate adequate human, technical and financial resources to strengthen support services for asylum-seeking women and girls; (e) Address intersecting forms of discrimination against asylum-seeking women and girls through awareness-raising campaigns and by effectively investigating and responding to complaints about such discrimination.