Recognizing
further that xenophobia describes attitudes, prejudices and behavior that reject,
exclude and often vilify persons, based on the perception that they are outsiders or
foreigners to the community, society or national identity;
Noting with deep concern that racism, discrimination and
xenophobia against migrant workers and trafficked persons are structural in character,
reflected in legislation, policies and social attitudes and practices, and manifested in
both subtle and overt acts of hostility and violence against specific groups based on
color, gender, class, ethnicity, nationality and position in the international power
relations;
Underscoring that globalization widens economic inequalities
within and between countries in the Asia-Pacific region, further impoverishing masses of
people, specially women, and place them at risk to the demand for cheap and informal labor
in labor-importing countries;
Stressing that migration, particularly labor migration, has not
been a choice but a necessity for migrants and their families to survive massive poverty,
racial, ethnic and gender-based discrimination and internal conflicts in their home
countries;
Acknowledging that patriarchal and sexist ideologies framing the
current international division of labor intensifies womens subordination,
undervalues womens work, and contributes to the feminization of poverty, labor
migration and trafficking perpetuates gender stereotypes and restricts women to
reproductive work, entertainment and jobs that require "feminine" attributes in
labor-importing countries. These make migrant and trafficked women even more at risk than
men to racist, discriminatory, xenophobic and exploitative treatment;
Stressing that in the pursuit of profit, the movement of capital
across national borders is promoted and facilitated, but that of labor is restricted and
controlled. The belief that migrants are economically necessary but socially
undesirable puts premium to economic gains while migrants human rights are
grossly compromised and violated;
Recognizing that trafficking in persons, specially women and
children, is growing in alarming proportions as a form of modern day slavery, caused by
racial stereotypes, gender inequality and economic exploitation, victimizing mainly Asian
Women and children from rural areas, lower castes, religious minorities and indigenous
peoples;
We hereby state the following manifestations of racism,
discrimination, xenophobia and related intolerance in the experience of migrant workers
and trafficked persons:
1. Restrictive and exclusionary
immigration and labor laws and policies
- denial of the right to organize, to bargain collectively and to strike
- denial of basic human and legal rights for migrants and non-nationals
- prohibition to change job category, thereby confining migrants to 3-D jobs (dirty,
difficult and dangerous) while denying them access to health and social security
- in the labor-sending countries, ban on women to cross national borders for work which
oftentimes puts them at risk to illegal recruitment or trafficking
2. Discriminatory and xenophobic laws and practices which violate womens
rights
- reproductive rights: e.g. regular mandatory testing for pregnancy and deportation for
positive status, prohibition of marriage, denial of access to health information and
services related to reproductive health
- stereotyping by media of trafficked and women migrants
3. Xenophobic attitudes
- blaming migrants and trafficked persons for economic, social and health problems in the
receiving countries, e.g. criminality, infectious diseases, unemployment
- social segregation, e.g. denial of access to housing
4. Laws, policies and practices which discriminate against the rights of the
children of migrants in the receiving countries because their parents are not nationals or
because of fear of their social integration into the receiving country
- denial of citizenship to children of migrant workers in the receiving countries
- denial of legal identity to children of migrant workers born in receiving countries, in
sending countries where legal identities are conferred through paternity
- denial of right to education and/ or lack of access
- denial of right to family reunification
5. Laws, policies and practices which deny or violate the rights of migrant workers
to social services
- mandatory testing for HIV/ AIDS and immediate deportation for migrants with positive
status
- higher fees for medical treatment and demand for legal documents prior to admission in
hospitals
- absence of health information services in the migrants native language
- immediate termination from work and repatriation of migrants who become physically and
mentally ill because of poor work conditions and violence committed against them,
particularly women
- lack of counseling facilities, shelters and legal aid for migrant seeking redress
6. Informalization of migrant labor, e.g. no clear terms of employment, absence of
laws and policies that recognize and protect the rights of migrants in domestic work and
entertainment, as well as trafficked persons
7. Various forms of violence committed against migrant and trafficked women
8. State policy to summarily deport victims of trafficking
9. Victimization of primarily Asian women in the mail-order bride business
10. Denial of the right to suffrage in absentia in the migrants home country
Undocumented migrants are doubly at risk to racial discrimination and xenophobia. Their
lack of legal status is often used to justify denial of basic human rights, e.g. access to
redress mechanisms. Under the "trainee" system in Japan, South Korea and Taiwan,
for instance, there is no option to remain in the country at the end of the tenure.
Clandestine entry becomes the only recourse.
On this occasion, we wish to call the attention of the international community to the
pressing need to give serious and urgent attention to the violation of migrants
rights in certain countries in Western Asia. Some of the laws, policies and practices,
which totally disregard the rights of migrants in said region are:
- arbitrary arrest and detention
- denial of the right to worship
- imposition of local laws that often result in torture and death
- widespread use of torture or forced confessions
- denial of legal protection on account of weak or absence of laws on rape and other
gender-based forms of violence against women
In light of the aforementioned manifestations and roots of racism, discrimination
xenophobia and related intolerance against migrants and trafficked persons, we strongly
urge governments in the Asia-Pacific region to consider for adoption the following
recommendations:
1. Ratify the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, the International Convention on the Elimination of
All Forms of Discrimination and all other pertinent international instruments for the
protection of fundamental human rights to ensure non-discrimination towards all persons
and the protection of their basic rights and dignity.
2. Formulate an alternative development agenda that is self-sustaining, respectful of
multi-racial, multi-cultural, multi-ethnic and multi-religious societies; gender-sensitive
and recognizes human dignity and human rights for all, where migration is no longer the
only option to survive.
3. Recognize the positive political, economic and social roles and contributions of
migrant workers by ensuring their full political, economic, social and cultural
participation as an essential element in eliminating all forms of discrimination,
acknowledging and validating multi-racial, multi-cultural, multi-ethnic and
multi-religious participation in society and encouraging mutual respect among different
groups and identities.
4. Investigate and address the root causes of migration and trafficking including
poverty, political and social oppression, ethnic, religious, gender and caste-based
discrimination and situations of violence and armed conflict.
5. Create and institutionalize national and regional intergovernmental mechanisms, in
cooperation with NGOs and migrants organizations to monitor and act on cases of
racism, discrimination, xenophobia and gender-based violence committed against migrants
and trafficked persons in host and transit countires.
6. Stop deregulation of the labor export industry as it will further erode
accountability of sending countries to migrants and give more power to non-state agencies
such as private recruitment agencies and trafficking syndicates to perpetuate the racial
divide to the detriment of migrant workers and trafficked persons. In fact, mechanisms
should be established to closely monitor the recruitment procedures of these agencies.
7. Grant absentee voting rights to migrants.
8. Harmonize and standardize health policies among member states to ensure
migrants access to health care and treatment and afford them global health rights.
9. Institute and strengthen laws protecting victims of trafficking and discourage the
demand side that fosters sexual exploitation of women and children. Recognize
victims rights to seek refuge and be given comprehensive support services.
10. Enter into bilateral, multi-lateral, regional and international cooperation to stop
trafficking, prosecute traffickers and provide full protection to victims.
11. Develop preventive action through consciousness raising and dialogue among
communities, institutions and between countries. UN member states and agencies should
sensitize national institutions like the judiciary, law enforcement agencies, community
leaders and other stakeholders in migration.
12. Address the reported increase in violation of migrants human rights in
Western Asia/ the Middle East through the creation of a mission/ commission to investigate
such allegations and ensure justice to victims.
13. Develop strategies for economically and socially productive reintegration programs
for migrant returnees.
14. Urge cooperation among concerned international agencies, particularly the
International Labor Organization (ILO), the International Organization on Migration (IOM)
and the Office of the High Commissioner on Human Rights (OHCHR); and NGOs to promote
protection of migrants human rights and dignity, to prevent discrimination and
promote migrant well-being.
Prepared by the Workshop Group on Migration and Trafficking and adopted by
The Asia-Pacific NGO Meeting for the
World Conference Against Racism, Racial Discrimination,
Xenophobia and Related Intolerance
TEHRAN, Iran
18 February 2001