An Expert Dialogue was held at the European Parliament in Brussels on 8 December 2010 to commemorate the 20th Anniversary of the adoption of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In his opening statement, the Parliament’s Vice President responsible for democracy and human rights, Edward McMillan-Scott, recalled the Parliament’s consistent support for the rights of migrants. He expressed the hope for an improved linkage of the principles of the Convention with existing best policies and actions being taken in the countries of the region.

MEP Alejandro Cercas (Socialists and Democrats) informed participants that on 14 December the Parliament is scheduled to vote on the proposal for a directive on a single permit for third-country nationals to reside and work in the territory of a Member State and on a common set of rights for third-country workers legally residing in a Member State. One of the proposed amendments (No 16) aims at including in the recitals of the future directive that Member States should ratify the Convention. “Next Wednesday, Europe will have its rendezvous with history. The adoption of this amendment is essential to give substance to European pledges to protect and guarantee the enjoyment of human rights for all,” said Mr. Cercas.

“The increased responsibilities of the EU in the area of migration should be seen as an asset for ratification of the Convention, and not as an argument against it,” emphasized MEP Hélène Flautre (Group of the Greens/European Free Alliance). “In fact, it is an unconvincing excuse. Member States claim they cannot ratify alone because they are transferring their responsibilities over to the EU, while in the discussion of every European proposal on migration they struggle to keep migration policies in their hands as much as possible.” The main outcomes of a research study, prepared for the OHCHR Regional Office for Europe by international consultant Marie d’Auchamp, were presented at the event. They focused on the developments in the protection of migrant rights in both EU and Member State legislation and policies and on its links to the principles contained in the Convention. Although the picture is mixed, the analysis shows a gradual closing of gaps between the Convention and EU legislation. In addition many EU Member States already implement at the national level, in practice and by law, a wide range of the rights that are protected under the Convention. Moreover, upon close scrutiny, the most often cited obstacles to ratification appear unconvincing or factually incorrect.

“At present, there are no legal arguments that could seriously be cited against the ratification of the Convention by the Member States of the European Union. All the remaining challenges have to do with political will,” stressed Abdelhamid El Jamri, Chairperson of the UN Committee on Migrant Workers.

MEP Juan Fernando López Aguilar, Chairperson of the Committee on Civil Liberties, Justice and Home Affairs, applauded the initiative of holding a discussion on the protection of migrant workers in EU territory. In his closing remarks, he concluded that “there is a real need for a better legal framework of protection for migrant rights based on the principles of equal treatment and non-discrimination.”