VZCZCXYZ0003
RR RUEHWEB

DE RUEHGV #0048/01 0211423
ZNR UUUUU ZZH
R 211422Z JAN 10
FM USMISSION GENEVA
TO RUEHC/SECSTATE WASHDC 0022
INFO RUCNDT/USMISSION USUN NEW YORK 0004
RUEHBS/USEU BRUSSELS 0002
RUEHGV/USMISSION GENEVA

UNCLAS GENEVA 000048 
 
SENSITIVE 
SIPDIS 
DEPT FOR IO, PRM/PIM, AND PRM/MCE 
DEPT ALSO FOR L/HRR 
 
E.O. 12958: N/A 
TAGS: PREF PHUM PREL SMIG
SUBJECT: LINKING MIGRATION AND HUMAN RIGHTS: PREPARING FOR EXPANDED 
GLOBAL DIALOGUE 
 
¶1.  (SBU) Summary:  The nexus of human rights and migration is set 
to be the focus of discussion in a number of separate fora, both 
governmental and non-governmental, during 2010.  The U.S. often 
finds itself on the defensive in many of these bodies, especially 
the Human Rights Council.  U.S. policy goals in the area of 
migration are to promote safe, orderly and humane migration, 
forestall contentious and often wasteful discussion of new 
normative institutions for global migration "governance" (either 
within or outside the UN system), and strengthen national 
commitments to international humanitarian law that protects 
populations of concern (e.g., refugees, unaccompanied minors, 
victims of human trafficking.)  To be successful in these goals, 
the U.S. needs to be active and creative in the international 
debate and to build coalitions with like-minded countries, 
including some traditional source countries of migration.  As a 
major destination country for migrants from around the world, and 
the largest resettlement country for refugees, as well as a major 
contributor to migration dialogues and counter-trafficking programs 
worldwide, the U.S. has a good story to tell on these issues.  We 
can only tell it, however, if we are at the table.  End Summary 
 
 
 
¶2.  (U) The following international or non-governmental 
organizations (NGOs) are planning to discuss some aspect of the 
migration and human rights linkage during the coming year.  (The 
list excludes UNHCR, which as part of its formal protection mandate 
for refugees and other vulnerable migrants discusses human rights 
during its annual Executive Committee session.) 
 
 
 
-- The UN High Commissioner for Human Rights: OHCHR has identified 
migration as a thematic priority in its Strategic Management Plan 
for the 2010-2011 biennium; 
 
 
 
-- The Global Forum for Migration and Development (GFMD): Mexico, 
as current GFMD chair has signaled its intention to expand the 
human rights discussion at the Forum's fourth session in Puerto 
Vallarta in November 2010; 
 
 
 
-- GFMD Civil Society Days: The NGO annex to the GFMD's 
government-to-government discussions has discussed human rights of 
migrants since its inception; 
 
 
 
-- International Dialogue on Migration (IDM): The annual policy 
dialogue of International Organization for Migration (IOM) member 
states, IDM's theme for 2010 is Migration and Social Change. The 
early draft agenda for the first intersessional includes a 
discussion of human rights of migrants, especially in regard to 
temporary and circular labor migrants; 
 
 
 
-- The International Catholic Migration Commission: ICMC recently 
held an informal "conversation" on global governance of migration 
that includes a human rights component. 
 
 
 
¶3.   (U) This intensified activity virtually guarantees that the 
subject of human rights and migration will receive continued 
international attention between now and the UN High-level Dialogue 
(HLD) on Migration and Development scheduled for 2013. 
 
 
 
OHCHR 
 
----- 
 
 
 
¶4.  (SBU) OHCHR's draft 2010-2011 strategic management plan 
includes "Protecting Human Rights in the Context of Migration" as 
one of its thematic priorities.  High Commissioner Pillay presented 
a strategy paper to member states in December 2009 that set out her 
priorities in this area: bringing a human rights perspective to 
 
 
international debates on migration policy, combating 
discrimination, xenophobia, and other forms of intolerance toward 
migrants, promoting the economic, social, and cultural rights of 
migrants, addressing the detention and criminalization of irregular 
migrants, and understanding the impact of the global economic 
crisis on migration. 
 
 
 
¶5.  (SBU) OHCHR's strategy paper lists the following nine 
anticipated results which the agency hopes to achieve over the next 
two years: 
 
 
 
-- Compliance of domestic migration policies with "international 
standards"; 
 
-- Ratification of the International Convention on the Protection 
of the Rights of All Migrant Workers and Members of their Families 
(ICRMW) by more UN member states; 
 
-- Increased national mechanisms to monitor, investigate, and 
address violations of migrants' human rights; 
 
-- Increased access of migrants, especially women, to basic social 
services; 
 
-- Improved compliance by states with UN human rights mechanisms 
with regard to "migrants' rights"; (described further as OHCHR 
support for the UN Special Rapporteur on the human rights of 
migrants, and enhanced training and technical assistance for ICRMW 
parties to help them fulfill their obligations under the 
Convention); 
 
-- Expanded engagement with, and training for, local and national 
human rights organizations to promote migrants' rights; 
 
-- Better integration of human rights standards and principles, 
especially as they relate to migration, into national and regional 
human rights laws or institutions; 
 
-- Improved responsiveness by the international community to 
migrants' rights; 
 
-- Integration of human rights standards and principles into the 
work of international and regional processes on migration. 
 
 
 
¶6.  (SBU) Reflecting OHCHR's role as coordinator of the steering 
committee for ICRMW ratification, many of the proposed activities 
seek to promote the Convention.  Unfortunately, given the inherent 
weaknesses of the Convention and the fact that relatively few 
migrant destination countries have or are expected to ratify it, 
Human Rights Council discussions that focus on the ICRMW are 
unlikely to lead to concrete improvement of the social or economic 
conditions of vulnerable migrants or persons of concern. 
 
 
 
Global Forum for Migration and Development 
 
------------------------------------------ 
 
 
 
¶7.  (SBU) Since its inception in 2006, the Global Forum has 
included a strong human rights component in its deliberations. 
Many GFMD members, especially those that are sources of significant 
numbers of migrant workers, are vocal advocates of the view that 
improved human rights protection for all migrants is a critical 
prerequisite for countries to receive the full developmental 
benefits of inward or outward migration.  At the 3rd GFMD session 
in Athens in November 2009, one of the roundtables explored "the 
combination of rights and services needed to support and empower 
migrants in their host countries, and enhance their capacities to 
contribute to development."  It also expanded past GFMD debates on 
migrant integration to a temporary or circulating migrants, who are 
often less able to exercise their basic human rights or access 
services available to permanent immigrants.  The roundtable 
recommended, inter alia, countries seek ways to improve integration 
programs for migrant communities through better education and 
training with a particular focus on protection in the workplace, in 
 
 
order to protect migrant workers from discrimination, abuse and 
exploitation. 
 
 
 
¶8.  (SBU) Mexico, as 2010 GFMD Chair (and an active proponent of 
migrant issues in various UN bodies), has already indicated it 
wants to have an expanded human rights discussion at this year's 
meeting.  Mexican Geneva Perm Rep said in December his government 
believes it is impossible to have a meaningful global dialogue on 
migration or development outside of a framework of human rights. 
However, he also emphasized that Mexico, as a country that is 
historically sensitive to intrusions on its sovereignty, does not 
believe human rights of migrants includes an "unrestricted right to 
cross borders at will."   Mexico hopes, however, the GFMD can 
"break through some of the clich????s" that have largely defined past 
international discussions of the human rights and migration nexus. 
He agreed that before discussing new or expanded international 
legal frameworks for the protection of the human rights of 
migrants, it would be useful to look for ways to improve 
implementation of existing instruments. 
 
 
 
International Dialogue on Migration 
 
----------------------------------- 
 
 
 
¶9.  (SBU) The International Dialogue on Migration recently 
completed a year-long series of workshops on the theme Human Rights 
and Migration.  In 2010, the IDM theme will be Migration and Social 
Change, which will include a number of human rights related topics. 
 
 
 
¶10.  (SBU) The subject of the March 2010 workshop will be 
"Transnationalism", which the International Organization for 
Migration (IOM) defines as the trend of individuals identifying 
with, or holding socio-cultural ties to, more than one country over 
the course of a lifetime.  Included in an early draft of the 
workshop agenda is a session entitled "Protecting the Social and 
Political Rights of Transnational Migrants" that will explore 
differing national approaches to dual nationality, the differing 
political and social rights host governments accord to permanent 
and temporary foreign residents within their territories, and 
innovative measures to enhance the social and political 
participation of migrants in both communities of origin and 
destination.  A separate session will look at the impact of 
transnationalism on families, including families separated when one 
parent migrates for economic reasons, and the growing challenges 
that arise as a result of the extension of family ties across 
borders. 
 
 
 
NGOS 
 
---- 
 
 
 
¶11.  (SBU) Non-governmental organizations are increasingly involved 
in the global migration debate, often as strong advocates for 
greater international protection of the human rights of migrants. 
At least two non-governmental fora are scheduled this year which 
will explore the linkages between migration and human rights. 
 
 
 
¶12.  (SBU) GFMD: Concurrent with the governmental GFMD meeting each 
year is a parallel Civil Society Days (CSD) event that brings 
together more than 100 national and international NGO's to 
discussion the same agenda as the government session.  The 2009 CSD 
report called for providing all migrants with the same protections 
as those given host country citizens, actively informing migrant of 
their rights and obligations, and expanding access to health care 
and labor protections.  GFMD Chair Mexico has already said it wants 
to expand the role of the CSD this year to include an opportunity 
for civil society observers to attend all GFMD sessions.  If that 
occurs, it is certain to lead to a more expanded discussion of the 
issue of human rights with the full Forum session. 
 
 
¶13.  (SBU) ICMC:  The ICMC mission statement says the organization 
advocates for "rights-based policies that serve and protect 
refugees, internally displaced persons and migrants, and other 
uprooted persons."  ICMC in December 2009 hosted what it billed as 
a "conversation" on the topic of global "governance" of migration. 
Some participants at that session argued that a new international 
structure was needed to address alleged "governance gaps."  Others 
insisted a more effective strategy to improve international 
cooperation on migration issues would seek to strengthen existing 
entities, such as regional consultative processes or the GFMD. 
Such a decentralized approach, they claimed, would take account of 
the different migration patterns that exist in various parts of the 
world and avoid a "one size fits all" approach to global migration 
issues.  ICMC is considering sponsoring additional seminars on this 
topic in New York and Washington in the coming months. 
 
 
 
Adopting a Proactive Strategy 
 
----------------------------- 
 
 
 
¶14.  (SBU) The variety of planned discussions of migration and 
human rights over the coming months will provide both challenges 
and numerous opportunities for the U.S. to move the global debate 
on migration issues in a positive direction the U.S. needs to 
formulate a strategy for participation in these events. 
 
 
 
¶15.  (SBU) The core of such a strategy would include: 
 
-- Avoiding, as much as possible,  defensive responses and 
proactively seeking to build a caucus of like-minded countries on 
the range of migration and human rights issues; 
 
-- Seeking to focus discussion on strengthening implementation of 
existing conventions rather than creating new international 
agreements or institutions; 
 
-- Exploring with other donor countries ways to expand assistance 
programs and other cooperative projects that assist developing 
countries to cope with increasing irregular and mixed migration 
flows; 
 
-- Promoting enhanced understanding of the obligations of parties 
to the 1951 Refugee convention and subsequent protocols so as to 
reinforce with all parties their obligation to prevent refoulement 
and involuntary return and encourage greater cooperation with UNHCR 
on protection issues of populations of concern. 
 
 
 
¶16.  (SBU) The European Commission office in Geneva has expressed 
interest in working with us in using the opportunity of migration 
related discussions in the HRC and other fora to promote practical 
programs to enhance understanding of and enforcement of countries 
existing obligations toward migrant workers, refugees and other 
temporary residents as a way of as a way of deflecting attention 
from efforts to promote a new legal instrument or to create a new 
global migration governance institution. 
RICHTER