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Migrant Rights

Report Submitted to the Committee on the Protection of the Rights of All Migrant Workers and Members of their Families
By the International Catholic Migration Commission
Geneva, 1 November 2006

Agenda Item: Preparation of Consideration of Report of Egypt

The International Catholic Migration Commission welcomes the report submitted by the government of Egypt to the Committee on Migrant Workers, under Article 73 of the Convention.

As an international organization working with migrants regardless of their faith, race, nationality or immigration status in over 30 countries, including several in Africa and the Middle East, ICMC appreciates in the first instance Egypt's ratification of the Migrant Workers Convention. We believe that the clarity of the rights enumerated in the Convention benefits migrants from Egypt (an estimated 5 million, according to the report) as well as migrants working and living in Egypt. Both ways, Egypt itself ultimately benefits.

Another benefit of the Convention is offering to States the opportunity to review its efforts in this area at home, and then present them in periodic reports for advice and encouragement from this Committee of experts, chosen by other States parties.

We recognize the hard work that created this report, and commend the detail in so many areas. The report contains a wealth of positive information about the Constitution, laws, institutions and processes with which Egypt demonstrates its commitment to its obligations under the Migrant Workers Convention.

We note in particular-and applaud-two stirring passages in paragraphs 197 and 198 of the report: "As Egypt sees the matter, a migrant is an exceptionally vital and courageous human being." And "At the national level, Egypt considers that it is essential to deal with migrants (legal or illegal) in accordance with law and international custom, with full respect for all their human rights."

In that spirit, may we turn to the matter of the Sudanese migrants in the closing days of last year and the first few months of this year.

We understand that there are several million Sudanese migrants residing in Egypt, and according to most reports, the majority either are working, have worked or are likely to be engaged to work in Egypt, bringing them and the members of their families within the coverage of the Migrant Workers Convention (MWC Article 2) unless they are refugees or meet some other exclusion (MWC Article 3.) We would center our inquiry on a small portion of the Sudanese: those that were in the square in front of the UNHCR office in Cairo on the night of December 30th, 2005

Strictly for the purpose of understanding what happened and considering what can be done to avoid such tragedies in the future, and with the calmness of one year's distance, may we suggest Egypt and the Committee to review the matter together.

There is neither a need nor perhaps enough clarity to present more than just the barest framework of the story, which we can surely agree, without blaming anyone, was sad for all involved. According to published reports, a crowd of Sudanese migrants across the road from the UNHCR office had grown over a period of three months to nearly 3,000, all or at least most of whom had failed in their efforts to obtain asylum. Objectively, it was an unmanageable situation: most seem to agree that there was neither room nor a right for the migrants to stay in such numbers there. Tragically however, an effort to evict them left 27 migrants dead, many of them women and small children. One more-a 14-year-old migrant-died in the hospital shortly after. Hundreds of others were arrested and while many were soon released, nearly 500 were detained further because they did not have proper immigration papers. UN officials noted among them that a number of women and children were held in a jail for violent female criminals, while men were held in a military camp and in a prison.

Finally we understand that an investigation was conducted but no findings issued and no announcement of any charges or changes made.

With that brief summary, may we ask the Committee to add to its list of issues for review with Egypt, with reference to the rights and processes available to these migrants under Part III and other sections of the Migrant Workers Convention:

1. Please provide information on any investigation or prosecution in this regard, any steps that were taken to assure the impartiality of such process, and on related charges, changes or sanctions, if any.
2. Please indicate whether Egypt has addressed this situation in any other way and how it did so.
3. Please inform the Committee about policies or steps taken to ensure that migrant workers and members of their families who are detained for violations of provisions relating to migration are not held together with convicted persons or persons detained pending trial (Article 17 of the Convention).

Thank you.