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Others were picked up by the police after running away and either arrested
or returned to their employers." 5/
21. Mass expulsions of migrant workers give rise to some concern regarding
human rights, as has the severity of justice in certain countries when persons
with immigrant status have been accused, rightly or wrongly, of criminal
offences. One such case was the deterioration in relations between the
Philippines and Malaysia in 1994, when the Malaysian authorities arrested and
deported several hundred Philippine domestic workers for staying and working in
the country illegally. Similarly, relations between the Philippines and
Singapore deteriorated in 1995 after the execution of Flor Contemplación, a
domestic worker who had been accused of murdering her employer; the Philippine
authorities had cast doubt on the circumstances of the trial.
22. The Malaysian authorities accuse immigrants of criminal activities and of
spreading disease. In Japan, extreme right-wing groups have written xenophobic
slogans on signs in public gardens frequented by foreigners. Certain countries
claim that the arrival of immigrants is a threat to national security. For
example, the Thai authorities consider that the presence of 350,000 "illegal"
immigrants from Myanmar is a threat to the country’s security. Measures of
increasing severity are taken to control migratory flows and expel "illegal
immigrants". The Republic of Korea has declared that it will expel all "illegal
immigrants" in 1999. 6/
23. The same stringent attitude to immigration is seen in Europe, where most
member States of the European Union have adopted tougher legislation. As an
example of this major trend, France has a particularly strict policy. The
French National Assembly’s commission of inquiry on illegal immigration and
unlawful residence in France by foreigners recently proposed a series of
measures to improve control over immigration by non-Europeans. Many observers
consider that these measures contravene human rights. Inter alia, the
commission recommended that:
"(a) The issuing of short-stay visas should be more systematically
subject to proof of health insurance or, failing that, a medical
examination by a physician approved by the consulate. This formality would
be required in countries where the ’migratory risk’ (’risque migratoire’)
is high and which have concluded no social security treaty with France;
[Underlining by the Special Rapporteur.]
"(b) Improvements should be made in the identification of visa
applicants in countries where there is a migratory risk: consideration
should be given to setting up a file containing the applicants’
fingerprints. Such fingerprinting would be carried out in those countries
where there is a migratory risk and which do not take their citizens’
fingerprints before issuing national identity papers;
"(c) The procedure for the issuing of the ’certificat d’hébergement’
should be reformed, by means of:
.
creation of lists of persons offering accommodation;
/...