F. Future meetings of the Committee

10.At its 23rd meeting (third session), on 14 December 2005, the Committee decided that its fifth session would be held from 30 October to 3 November 2006, at the United Nations Office at Geneva.

11.At its 29th meeting (fourth session), the Committee decided to request the Secretary‑General to arrange two sessions for the Committee in 2007, each of one week’s duration. This arrangement would replace a single three-week session, which had initially been programmed in the budgetary estimates for the 2006-2007 biennium. In accordance with rule 19 of the Committee’s provisional rules of procedure, the Secretary-General prepared and circulated to the Committee’s members a written estimate of the costs involved in the decision (see annex III). The sessions of the Committee will be held at the United Nations Office at Geneva.

G. Participation in inter‑committee meeting and working groups

12.Mr. Gakwandi represented the Committee at the first session of the inter-committee technical working group on harmonized reporting guidelines, held on 8 and 9 December 2005. Mr. Alba represented the Committee at the working group’s second session, from 15 to 17 February 2006.

13.The Committee designated Ahmed Hassan El‑Borai to represent the Committee at the inter-committee working group on reservations.

14.The Committee designated Mr. El‑Borai and Mr. Sevim to participate in the fifth inter‑committee meeting, to be held from 19 to 21 June 2006.

H. Day of general discussion

15.On 15 December 2005 (25th and 26th meetings, third session) the Committee held a day of general discussion on “Protecting the rights of all migrant workers as a tool to enhance development”. Opening statements were made by the Committee’s Chairperson, Mr. Kariyawasam, the United Nations Special Rapporteur on the human rights of migrants Jorge Bustamante, a representative of the International Labour Organization (ILO) Patrick Taran, and Committee member Abdelhamid El Jamri. Keynote addresses were delivered by Mehdi Lahlou and by Ryszard Cholewinski. Approximately 20 representatives of Member States and 60 representatives of civil society participated in the debate. The programme of the day is contained in annex IV to this report. The written contributions to the Committee’s discussion can be found on the web page of the Committee: http://www.ohchr.org/english/bodies/cmw/mwdiscussion.htm.

16.Contributions and discussions concentrated on the importance of recognizing that migrants should not be seen as commodities but as human beings, and that a human rights approach had advantages for the well-being of all actors involved in international migration. Participants considered that protection of human rights and prevention of discrimination in the country of employment were essential factors to enhance the integration of migrant workers and members of their families, thus enabling them to contribute to the socio-economic welfare of the country of employment. The potential contribution of migrants to the economy and society could not be fully realized if there were deficits in the implementation of their rights. Participants also felt that protecting the rights of migrant workers in the country of origin, both before departure and after return, would enhance the welfare of migrants and the contribution that they could make to the development of their country of origin, through, inter alia, an effective use of their acquired skills and experience upon return. Properly informing migrant workers before departure about the conditions in the country of employment would help them to be better prepared for their stay in the host country and thus facilitate their integration and place them in a better position to perform their activity. In this context, the importance of looking into ways of realizing the portability of social security and pension benefits was highlighted, as well as improving access to the justice system in the country of employment for migrant workers with outstanding claims for wages or benefits.

I. Promotion of the Convention

17.During its fourth session, the Committee discussed and adopted, at its 38th meeting on 28 April 2006, a written contribution to the high-level dialogue of the General Assembly to be held on 14 and 15 September 2006 devoted to international migration and development in order to highlight the human rights-based approach to migration and development. The text of the statement has been issued as an official document of the General Assembly (A/61/120).

J. Treaty body reform

18. At its 23rd meeting (third session), on 14 December 2005, the Committee discussed treaty body reform, and in particular the proposal for a unified standing treaty body. The Committee was of the view that it would need more specific information in order to be able to give an opinion on the desirability of a unified standing treaty body. It delegated its Chairperson to address a letter to the United Nations High Commissioner for Human Rights in that regard.

K. Adoption of the report

19.Also at its 38th meeting, the Committee adopted its annual report to the General Assembly.

II. METHODS OF WORK

20.At its 36th meeting (fourth session) on 27 April 2006, the Committee discussed further methods of work in relation to the consideration of States parties’ reports and decided to give an opportunity to the national human rights institution of the State concerned to make a statement during the consideration of the State party’s report, if the State party’s delegation had no objection.

21.Also at the 36th meeting, the Committee decided to provide an opportunity for intergovernmental organizations, United Nations agencies and non-governmental organizations to make a presentation to the Committee at a public meeting during the session at which the Committee was to consider a State party’s report.

III. COOPERATION WITH CONCERNED BODIES

22.The Committee continued its cooperation with United Nations agencies, intergovernmental organizations and non-governmental organizations. It particularly welcomed their contributions during the day of general discussion and in relation to the consideration of States parties’ reports.

IV.REPORTS BY STATES PARTIES UNDER ARTICLE 73 OF THE CONVENTION

23.At its 23rd meeting (third session), on 14 December 2005, the Committee welcomed the initial reports of Mali and Mexico but noted with concern that many initial reports of States parties under article 73 of the Convention had not yet been received. It decided to send reminders to those States parties whose reports were overdue. At its fourth session, the Committee welcomed the receipt of the initial report of Egypt. Annex V to the present report contains a table showing the dates by which the reports of States parties should be submitted.

V.CONSIDERATION OF REPORTS BY STATES PARTIES INACCORDANCE WITH ARTICLE 74 OF THE CONVENTION

24.The Committee considered the initial report of Mali (CMW/C/MLI/1) at its 31st and 32nd meetings (CMW/C/SR.31 and CMW/C/SR.32) (fourth session), on 25 April 2006. At its 37th meeting (CMW/C/SR.37), held on 28 April 2006, it adopted the following concluding observations.

A. Introduction

25.The Committee welcomes the initial report submitted by the State party as well as the willingness to cooperate displayed by the State party during the constructive dialogue with the Committee. It notes, however, that the report does not contain sufficient information on several important questions of both a legal and a practical nature. The Committee thanks the State party for its written replies to the list of issues, which were provided in a timely manner. It nevertheless regrets that several of the questions put to the delegation were met with only general, incomplete or vague answers.

26.With regard to the protection of migrant workers’ rights, the Committee notes with concern that many countries in which Malian migrant workers are employed are not parties to the Convention, which hampers Malian migrant workers’ enjoyment of their rights under the Convention.

B. Positive aspects

27.The Committee appreciates the fact that Mali was the first country to submit an initial report.

28.The Committee notes with satisfaction that there is a Ministry for Malians Living Abroad and African Integration and that the Ministry provides information to Malians on conditions for entry to and residence in several countries where there is a large Malian community. However, the Committee would have appreciated more detailed information about the Ministry’s functions and activities.

29.The Committee welcomes the promulgation of Act No. 04-058 of 25 November 2004, on the entry, stay and residence of foreigners in Mali, which replaces legislation and regulations dating from the colonial period.

30.The Committee notes with satisfaction that many expatriate Malians have the opportunity to participate in presidential elections thanks to mechanisms established in certain countries. The Committee suggests that this opportunity be extended to a larger number of Malian migrant workers living abroad.

31.The Committee notes with satisfaction that Mali is a party to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and to the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime.

C. Factors and difficulties impeding implementation of the Convention

32.The Committee takes note of the difficulties the State party faces in controlling illegal and clandestine movements of migrant workers and members of their families and, in particular, in controlling the extensive borders it shares with seven neighbouring countries.

D. Principal subjects of concern, suggestions and recommendations

1. General measures of implementation

Legislation and implementation

33.The Committee notes with regret that Mali has not made the declarations provided for in articles 76 and 77 of the Convention recognizing the competence of the Committee to receive communications from States parties and from individuals.

The Committee encourages the State party to consider making the declarations provided for in articles 76 and 77 of the Convention.

34.The Committee notes with regret that Mali has not yet acceded to ILO Convention No. 97 (1949) concerning Migration for Employment or ILO Convention No. 143 (1975) concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers.

The Committee invites the State party to consider acceding to ILO Conventions No. 97 (1949) and No. 143 (1975), which concern migrant workers, as soon as possible.

35.The Committee regrets that the State party has not provided sufficient information on the specific measures it has taken to implement the Convention.

The Committee requests the State party to include in its second periodic report updated information supported by statistics and actual examples of the concrete measures it has taken to implement the rights of migrant workers as set out in the Convention.

36.The Committee is pleased to note that, pursuant to article 116 of the State party’s Constitution, international treaties, including the Convention, take precedence over national legislation. It is nevertheless concerned at the fact that, according to the State party, the Convention cannot be applied by the courts because it has not yet been incorporated into national legislation.

The Committee urges the State party to take the necessary legislative measures to ensure that the Convention can be applied in the Malian legal system, including by the Malian courts.

Data collection

37.The Committee takes note with concern of the lack of statistics on migration flows affecting Mali and on other migration-related issues. The Committee recalls that such information is indispensable to an understanding of the situation of migrant workers in the State party and to an assessment of the implementation of the Convention.

The Committee strongly encourages the State party to seek the necessary technical assistance in order to create a sound database, with data disaggregated by sex, that will enable it to comprehend the migration context and the situation of migrant workers in Mali, including those who are in an irregular situation, to monitor the implementation of each of the rights set out in the Convention and to collect the data to be provided to the Committee relating to the effective exercise of each of those rights.

Training in and dissemination of the Convention

38.The Committee regrets that officials working in the area of migration appear to receive barely any training.

The Committee invites the State party to provide training to officials working in the area of migration.

39.The Committee regrets the lack of information on effective measures taken by the State party to inform individuals about their rights under the Convention.

The Committee encourages the State party to take the necessary steps to improve free access by migrant workers to information about their rights under the Convention.

Cooperation with non-governmental organizations

40.The Committee notes that, according to the State party, non-governmental organizations were informed of the preparation of the country’s initial report. However, it is concerned at the manifest absence of any comments on the report from non-governmental organizations working in the area of migration.

The Committee encourages the State party to institute a participatory procedure that would allow non-governmental organizations and other members of civil society to be involved in the preparation of Mali’s second periodic report.

2. General principles

Non-discrimination

41.The Committee notes with interest that, according to the State party, Malian legislation makes no distinction between national workers and migrant workers. It regrets, however, the lack of information on actual practice and examples that would make it possible to assess the implementation of these provisions.

The Committee encourages the State party to ensure that the provisions of domestic law protecting the rights of migrant workers are applied and to provide information on actual practice and relevant examples in its second periodic report.

3.Human rights of migrant workers and membersof their families

42.The Committee takes note of the State party’s claim that Malian legislation guarantees to all migrant workers and members of their families the human rights set out in parts III, IV and V of the Convention. However, it is concerned at the absence of any precise, detailed information regarding the implementation of these rights.

The Committee invites the State party to provide precise, detailed information regarding the realization of the rights and freedoms established in the Convention in its next periodic report.

4.Promotion of sound, equitable, humane and lawful conditionsin connection with international migration of workers andmembers of their families

43.The Committee is concerned at the manifest lack of coordination among the institutions and services dealing with the various aspects of migration.

The Committee encourages the State party to establish a coordination mechanism to improve the services provided to migrant workers and members of their families, while ensuring their uniformity and conformity with the regional and international treaties to which Mali is a party. In addition, the Committee encourages the State party to ensure that the Convention is taken into account in the formulation and implementation of all policies concerning the rights of migrant workers.

44.The Committee takes note of the cooperation programmes that exist between certain countries and Mali for the voluntary return of Malian migrant workers and members of their families, as well as the use of development assistance to help migrant workers.

The Committee requests the State party to provide more detailed information in its next report on the effective implementation of these programmes and on the results obtained.

45.The Committee takes note with satisfaction of the efforts made by the State party to combat trafficking in children.Nevertheless, it is concerned to note that, as the State party acknowledges, trafficking in children continues to be a very serious problem in Mali.The Committee is particularly concerned at the trafficking in Malian children to other countries in the region and at the fact that they are subjected to slavery and forced labour.It is also concerned about the situation of migrant girls who are allegedly exploited.

The Committee recommends that the State party should intensify its efforts to combat trafficking in children, in cooperation with international governmental and non-governmental organizations, and to implement the recommendations made in this regard by the Human Rights Committee and the Committee on the Rights of the Child.

46.The Committee regrets the lack of information on measures taken by the State party to combat trafficking in women.

The Committee encourages the State party to take effective measures to combat trafficking in women and to provide more detailed information on this subject in its next report.

5. Follow-up and dissemination

Follow-up

47.The Committee requests the State party to include in its second periodic report detailed information on measures taken to follow up on the recommendations made in these concluding observations.The Committee recommends that the State party should take all appropriate measures to ensure that these recommendations are implemented, including by transmitting them for consideration and action to members of the Government and Parliament and, where appropriate, to local authorities.

Dissemination

48.The Committee likewise requests the State party to disseminate these concluding observations widely, including to public agencies and the judiciary, non-governmental organizations and other members of civil society, and to inform Malians migrating abroad and foreign migrant workers in transit or residing in Mali of the rights they and members of their families enjoy under the Convention.

6. Next periodic report

49.The Committee requests the State party to submit its second periodic report by 1 October 2009.

Annex I

STATES THAT HAVE SIGNED, RATIFIED OR ACCEDED TO THE INTERNATIONAL CONVENTION ON THE PROTECTION OF THERIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF THEIR FAMILIES AS AT 28 April 2006 (49)

State	Signature	Ratification or accession a
Algeria		21 April 2005 a
Argentina	10 August 2004
Azerbaijan		11 January 1999 a
Bangladesh	7 October 1998
Belize		14 November 2001 a
Benin	15 September 2005
Bolivia		16 October 2000 a
Bosnia and Herzegovina		13 December 1996 a
Burkina Faso	16 November 2001	26 November 2003
Cambodia	27 September 2004
Cape Verde		16 September 1997 a
Chile	24 September 1993	21 March 2005
Colombia		24 May 1995 a
Comoros	22 September 2000
Ecuador		5 February 2002 a
Egypt		19 February 1993 a
El Salvador	13 September 2002	14 March 2003
Gabon	15 December 2004
Ghana	7 September 2000	7 September 2000
Guatemala	7 September 2000	14 March 2003
Guinea		7 September 2000 a
Guinea-Bissau	12 September 2000
Guyana	15 September 2005
Honduras		9 August 2005 a
Indonesia	22 September 2004
Kyrgyzstan		29 September 2003 a
Lesotho	24 September 2004	16 September 2005
Liberia	22 September 2004
Libyan Arab Jamahiriya		18 June 2004 a
Mali		5 June 2003 a
State	Signature	Ratification or accession a
Mexico	22 May 1991	8 March 1999
Morocco	15 August 1991	21 June 1993
Nicaragua		26 October 2005 a
Paraguay	13 September 2000
Peru	22 September 2004	14 September 2005
Philippines	15 November 1993	5 July 1995
Sâo Tomé and Príncipe	6 September 2000
Senegal		9 June 1999 a
Serbia and Montenegro	11 November 2004
Seychelles		15 December 1994 a
Sierra Leone	15 September 2000
Sri Lanka		11 March 1996 a
Syrian Arab Republic		2 June 2005
Tajikistan	7 September 2000	8 January 2002
Timor-Leste		30 January 2004 a
Togo	15 November 2001
Turkey	13 January 1999	27 September 2004
Uganda		14 November 1995 a
Uruguay		15 February 2001 a

Annex II

MEMBERSHIP OF THE COMMITTEE ON THE PROTECTION OF THERIGHTS OF ALL MIGRANT WORKERS AND MEMBERS OF their FAMILIES and composition of its bureau

Name	Country of nationality	Term expires on 31 December
Francisco ALBA	Mexico	2007
José Serrano BRILLANTES	Philippines	2009
Francisco CARRIÓN-MENA	Ecuador	2007
Ana Elizabeth CUBIAS MEDINA	El Salvador	2007
Anamaría DIEGUEZ	Guatemala	2009
Ahmed Hassan EL-BORAI	Egypt	2007
Abdelhamid EL JAMRI	Morocco	2007
Prasad KARIYAWASAM	Sri Lanka	2009
Mehmet SEVIM	Turkey	2009
Azad TAGHIZADE	Azerbaijan	2009

Composition of the Bureau

Chairperson:	Prasad KARIYAWASAM (Sri Lanka)
Vice-Chairpersons:	José Serrano BRILLANTES (Philippines)
	Ana Elizabeth CUBIAS MEDINA (El Salvador)
	Abdelhamid EL JAMRI (Egypt)
Rapporteur:	Francisco ALBA (Mexico).

Annex III

Oral Statement made in accordance with rule 19 of the Committee’s provisional rules of procedure concerning the Committee’s request for two sessions in 2007*

1.This statement is made in accordance with rule 19 of the provisional rules of procedure of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families.

2.At its 29th meeting (fourth session), the Committee would decide to request the Secretary-General to arrange for two sessions of the Committee in 2007 of one week’s duration each. This arrangement would replace one three-week session, which has been included in the programme budget for the biennium 2006-2007.

3.The full costs of the activities envisaged under the terms of the draft decision would amount to US$ 772,900 in the biennium 2006-2007 as follows:

Conference servicing

Section 2, General Assembly Affairs and Conference ServicesUS$ 640,800

Section 28E, Administration, GenevaUS$ 6,100

US$ 646,900

Travel

Section 23, Human rightsUS$ 126,000

4.Based on the experience of the pattern of meetings of the Committee, the calendar of conferences and meetings of the United Nations for 2006 and 2007 approved by the General Assembly in its resolution 60/236 provides for two sessions of the Committee of one week’s duration each in 2007. No changes in the conference-servicing requirements for the Committee under section 2 are therefore estimated for 2007.

5.The full costs of currently authorized activities of the Committee in 2007 under sections 23 and 28E are reflected below. Total full costs provided for the Committee in 2007 amount to US$ 744,600 as follows:

Conference servicing

Section 2, General Assembly Affairs and Conference ServicesUS$ 640,800

Section 28E, Administration, GenevaUS$ 9,200

US$ 650,000

Travel

Section 23, Human rightsUS$ 94,600

6.As can be noted from paragraphs 3, 4 and 5 above, the decision for two one-week sessions in 2007 would result in additional requirements under section 23, for travel of the Committee members in the amount of US$ 31,400, while a reduction by $3,100 is expected in the conference-servicing requirements under section 28E. It is intended to accommodate within overall resources provided under section 23 of the 2006-2007 programme budget the additional requirements of $31,400. Additional appropriation would therefore not be required.

Annex IV

Programme of the Day of General Discussion, 15 December 2005 (Third Session), on “Protecting the rights of all migrant workers as a tool to enhance development”

10.00-10.15Opening

Prasad Kariyawasam, Chairperson, Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

10.15-10.30Introductory statement

Jorge Bustamante, United Nations Special Rapporteur on the human rights of migrants

10.30-10.45Introductory statement

Patrick Taran, senior migration specialist, International Labour Organization

10.45-11.00Introductory statement

Abdelhamid El Jamri, member, Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

11.00-11.15Coffee break

Theme one: Protection of the human rights of migrant workers and members of their families and its impact on development in the country of origin

11.15-11.35Keynote speech

Mehdi Lahlou, Institut national de statistique et d’économie appliquée (INSEA), Rabat, Morocco

11.35-13.00Discussion among participants

Chairperson/Facilitator

Ana Elizabeth Cubias, member, Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

Rapporteur

Francisco Alba, member, Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

13.00-15.00Lunch break

Theme two: Protection of the human rights of migrant workers and members of their families and its impact on development in the country of employment

15.00-15.20Keynote speech

Ryszard Cholewinski, expert in International Migration Law

15.20-16.45Discussion among participants

Chairperson/Facilitator

Prasad Kariyawasam

Rapporteur

Arthur Gakwandi, member, Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families

16.45-17.00Coffee break

17.00-18.00Report and concluding comments

Annex V

Submission of reports by States parties under article 73of the CONVENTION as at 28 APRIL 2006

State party	Type of report	Date due	Received
Algeria	Initial	1 August 2006
Azerbaijan	Initial	1 July 2004
Belize	Initial	1 July 2004
Bolivia	Initial	1 July 2004
Bosnia and Herzegovina	Initial	1 July 2004
Burkina Faso	Initial	1 March 2005
Cape Verde	Initial	1 July 2004
Chile	Initial	1 July 2006
Colombia	Initial	1 July 2004
Ecuador	Initial	1 July 2004
Egypt	Initial	1 July 2004	3 April 2006
El Salvador	Initial	1 July 2004
Ghana	Initial	1 July 2004
Guatemala	Initial	1 July 2004
Guinea	Initial	1 July 2004
Honduras	Initial	1 December 2006
Kyrgyzstan	Initial	1 January 2005
Lesotho	Initial	1 January 2007
Libyan Arab Jamahiriya	Initial	1 October 2005
Mali	Second periodic	1 October 2009
Mexico	Initial	1 July 2004	11 November 2005
Morocco	Initial	1 July 2004
Nicaragua	Initial	1 February 2007
Peru	Initial	1 January 2007
Philippines	Initial	1 July 2004
Senegal	Initial	1 July 2004
Seychelles	Initial	1 July 2004
Sri Lanka	Initial	1 July 2004
Syrian Arab Republic	Initial	1 October 2006
Tajikistan	Initial	1 July 2004
Timor-Leste	Initial	1 May 2005
Turkey	Initial	1 January 2006
Uganda	Initial	1 July 2004
Uruguay	Initial	1 July 2004

Annex VI

LIST OF DOCUMENTS ISSUED OR TO BE ISSUED IN CONNECTIONWITH THE THIRD AND FOURTH SESSIONS OF THE COMMITTEE

CMW/C/3/1	Provisional agenda and annotations (third session)
CMW/C/SR.19-28	Summary records of the third session of the Committee
CMW/C/4/1	Provisional agenda and annotations (fourth session)
CMW/C/SR.29-38	Summary records of the fourth session of the Committee
CMW/C/MLI/1	Initial report of Mali
CMW/C/MLI/Q/1	List of issues Mali
CMW/C/MLI/Q/1/Add.1	Written replies from the Government of Mali to the list of issues
CMW/C/MLI/CO/1	Concluding observations of the Committee on the initial report by Mali

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