Committee on Rights of Migrants publishes Concluding Observations on Bosnia and Herzegovina

The UN Committee for the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) published on 30 April 2009 its concluding observations  on the first report of Bosnia and Herzegovina (UN Doc. CMW/C/BIH/CO/1). The Committee guards the respect of the International Convention on the Rights of All Migrant Workers and Members of Their Families. Within them, it established some principles related to the right of migrants according to the Convention.

On the right to an effective remedy and, in particular, its connection with expulsion, whose arbitrary execution could lead to the denial of this same rights, the Committee said:

21.    The Committee is concerned at information indicating violations of the rights of migrant workers to an effective remedy, in particular in relation to the revocation of rights of citizenship and subsequent expulsion orders. In this regard, the Committee is concerned that migrant workers who have been stripped of their right to citizenship are particularly vulnerable to having their due process rights violated.

22.    The Committee encourages the State party to strengthen the legal framework available to migrant workers for the effective redress of such complaints. It recommends that the State party ensure that, in legislation and in practice, migrant workers and members of their families, including those in an irregular situation, have the same rights as nationals of the State party to file complaints and to obtain effective redress before the courts.

And on conditions of detention, the Committee made clear the also irregular migrants in deention must have access to legal aid and consular services and have the basic guarantees granted by international human rights law:

26.    The Committee recommends that the State party take steps to ensure that migrant workers and members of their families who are held in detention centres have access to legal aid and consular services, that they are not detained except in accordance with clear legal criteria and that their treatment is otherwise in full compliance with the Convention.

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