Document CMW/C/NER/CO/1 of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Section 5. deals with Promotion of sound, equitable, humane and lawful conditions in connection with the international migration of workers and members of their families. It deals with:

  • International migrant children
  • Migration policy and services
  • Recruitment agencies
  • Return and reintegration
  • Illegal or clandestine movements and employment of migrant workers in an irregular situation

32 … it is concerned by:

(a) The lack of information regarding measures taken by the State party to ensure that, in criminal and administrative proceedings, including detention and expulsion proceedings, migrant workers and members of their families, particularly those in an irregular situation, are guaranteed due process on an equal basis with nationals of the State party;

(b) The existence of special holding centres for migrant workers based in Agadez, Arlit, Dirkou and Niamey and the lack of information on the conditions in these facilities;

(c) The lack of statistics on persons placed in holding centres or detention facilities due to their irregular migration status and on the measures taken to ensure access to consular assistance for migrant workers and members of their families in such circumstances.

33. In the light of the Committee’s general comment No. 2 (2013) on the rights of migrant workers in an irregular situation and members of their families, the Committee recalls that administrative detention should be used only as a last resort and that children should never be detained solely for immigration-related reasons. It recommends that the State party consider alternatives to administrative detention. The Committee also recommends that the State party:

(a) Include detailed, disaggregated information in its second periodic report on the number of migrant workers detained for immigration offences and the place, average duration and conditions of their detention;

(b) Ensure that migrant workers detained for violations of immigration law are not held together with persons accused or convicted of a criminal offence;

(c) Ensure that the minimum guarantees set forth in the Convention are upheld in criminal or administrative proceedings brought against migrant workers and members of their families.

51. … the Committee recommends that the State party continue to fulfil its obligation under customary international law and international human rights law to respect the principle of non-refoulement and, to that end, to refrain from rejecting migrants at its borders or forcing them to return when that would expose them to persecution or torture or to other cruel, inhuman or degrading treatment. It recommends that the State party:

(a) Strengthen the capacity of law enforcement and border control officers and ensure that they are trained in human rights, improve human rights training for police officers and other law enforcement officials, judges, prosecutors, labour inspectors, teachers, health-care providers, the State party’s embassy and consular personnel and the media and ensure that they are equipped to combat human trafficking and smuggling;

(b) Step up its efforts, in collaboration with the media and the States whose nationals cross the Niger on their way to other countries, to inform migrant workers and members of their families about the risks involved in irregular migration and in crossing the desert;

(c) Redouble its efforts to combat smuggling rings, ensure effective control over all the State party’s territory and ensure that traffickers and smugglers are brought to justice and are subject to appropriate penalties;

(d) Redouble its efforts to inform migrant workers in transit of the laws relating to residence permits in the State party;

(e) Take all necessary measures, including the provision of essential services, to ensure that women in transit who are unable to leave the State party are not forced to resort to prostitution as a survival strategy and to ensure that the exploitation of prostitution is duly punished;

(f) Step up campaigns for the prevention of trafficking of migrant workers and take appropriate measures to stop the dissemination of misleading information regarding emigration and immigration;

(g) Increase international, regional and bilateral cooperation to prevent and combat trafficking in persons and ensure that the corresponding cooperation agreements include safeguards to uphold the Convention rights.