A/HRC/14/30/Add.2
prescribed by the law and at times without proper judicial safeguards, including not being
regularly updated on the status of their case proceedings or the expected date for their
deportation. Although conditions of detention and treatment of inmates were generally
reported to be good, concerns were expressed to the Special Rapporteur about the need to
provide food according to religious preferences.
84.
The Asylum Law does not contain provisions on the detention of asylum-seekers
and refugees. However, article 17, paragraph 6, of the Asylum Law provides that for
reasons of public interest, national security, public order, health, public morals or the
protection of the rights and freedoms of other persons, the Romanian Immigration Office
can designate a place of residency for the entire duration of the refugee status determination
procedure.
85.
Persons granted the “tolerated” status do not receive any social benefits and are not
granted a permit to work. Accordingly, those persons are left without any type of assistance
and, if they decide to work, they may need to resort to irregular employment, which may
expose them to human rights violations. They are trapped in a vicious circle and may
become prey of criminal networks. According to information received, they depend
exclusively on charity or ad hoc help, except for free antiretroviral treatment, which is
provided by the Government.
B.
The protection of migrant workers and the ratification of the
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families
86.
The Special Rapporteur received information on migrant workers recruited regularly
in their respective countries of origin by private companies based in Romania. They
reported having been devoid of protection at the end of their labour contracts. Some of
them also reported having been compelled to surrender their passports or other identity
documents to their employers, misinformed about labour conditions and benefits, and left
without access to medical and psychological counselling and support and consular
protection.
87.
The Special Rapporteur observed a number of misconceptions regarding what is
perceived by the Romanian authorities as obstacles to the ratification of the Migrant
Workers Convention, for example, in relation to its perceived lack of added value and
possible incompatibility with standards adopted at the European Union level.
88.
In relation to the added value of the Convention, the Special Rapporteur wishes to
recall that one of the Convention’s main values is that it makes explicit how the rights
contained in the International Bill of Human Rights apply to migrants, including to those
who are in an irregular situation. This is of particular importance in the European context,
especially in the light of the national implementation of the European Union return
directive. In the case of Romania, there is a particular need to uphold the rights of migrants,
particularly irregular migrants, who in some instances are exposed to prolonged and de
facto indefinite detention.
89.
In relation to a possible incompatibility with standards adopted at the European
Union level, the Special Rapporteur is of the view that no insurmountable or even major
legal or administrative barrier exists to the ratification of the Convention. In that
connection, the Special Rapporteur invites the Government to give a close reading to the
text of the Convention regarding, for example, article 79.
90.
Many reasons call Romania to ratify the Convention. Romania should uphold and
strengthen the rule of law by ensuring that legal norms define the basis of labour migration
GE.10-12102
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