CERD/C/65/CO/1
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(a)
The right to migrate as an essential and inalienable right;
(b)
Migrants’ access to basic rights such as education and health irrespective
of their migration status;
(c)
That migrants may only be expelled pursuant to a judicial order; and
(d)
The criminalization of trafficking in human beings.
6. The Committee welcomes the ongoing efforts made by the State party to elaborate a
national plan against discrimination, xenophobia and other forms of intolerance, with the
support of UNDP and OHCHR, as a follow-up to the Durban Declaration and Programme
of Action, and in particular welcomes the highly participatory process in which the plan
is being developed.
7. The Committee also welcomes the State party’s recent signature of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families and the assurances given by the State party’s representative that
ratification is envisaged.
C. Concerns and recommendations
8. The Committee is concerned about the absence of statistical data on the demographic
composition of the population in the State party’s report. The Committee recalls that
such information is necessary for an assessment of the implementation of the Convention
as well as for the monitoring of policies in favour of minorities and indigenous peoples.
The Committee requests the State party to publish the results of the 2001
census, which, inter alia, took into account information on indigenous
peoples, and complete the complementary 2003 survey on indigenous peoples
as soon as possible. Furthermore, in the light of paragraph 8 of the reporting
guidelines and general recommendations IV and XXIV, the Committee
recommends that the State party include in its next periodic report
information on the demographic composition of the population, including
information on indigenous peoples and minorities, such as Afro-Argentinians
and Roma.
9. The Committee regrets the lack of adequate information in the State party’s report on
complaints regarding acts of racial discrimination and the corresponding legal action
taken by, and on behalf of, victims, including alleged complaints of violent racist attacks
and acts of police brutality committed on racial grounds.
The Committee requests the State party to include in its next periodic report
disaggregated statistical information on investigations and prosecutions
launched and penalties imposed in cases of offences which relate to racial
discrimination and where the relevant provisions of the existing domestic
legislation have been applied, including violent racist attacks and alleged
offences committed by law enforcement personnel. In this regard, the
Committee recalls its general recommendation XIII on the training of law
enforcement officials in the protection of human rights and encourages the