A/HRC/35/25/Add.1
71.
Migrants and people who assist them, such as lawyers, civil society organizations
and international organizations such as UNHCR, often lack information on procedures and
practices in the migration and protection proceedings. Increased effort must be made to
give migrants access to relevant information in real time.
72.
More efforts are needed to provide migrants with effective access to justice.
73.
The Special Rapporteur noted the need for more effective employer sanctions, as
well as more effective investigation and prosecution for offences by employers under the
Labour Law. In that respect, he regrets the low number of court cases that have been
brought against abusive employers.
VII. Conclusions and recommendations
74.
The Special Rapporteur noted that there is a dearth of national data relating to
migration, especially on irregular migration and the informal sector. Such a severe
lack of information hinders thorough analysis during a country visit and is an obstacle
for Angola to sufficiently protect the human rights of migrants. The Special
Rapporteur was informed that, where qualitative or quantitative data do exist, they
remain difficult to access publicly. The Special Rapporteur strongly recommends that
the Angolan authorities establish a comprehensive migration strategy that takes into
account all aspects of migration and fosters regular status for most migrants through
organizing and facilitating mobility, rather than trying to resist it. The new
framework should be firmly human rights-based and should establish mechanisms
empowering all migrants to properly defend their rights, with the support of civil
society.
75.
A sustainable human rights environment requires a vibrant civil society,
including independent unions. A strong civil society, with experience and expertise in
how human rights are protected and promoted on the ground, constitutes an essential
alert mechanism. Many of the representatives of civil society that the Special
Rapporteur met either vehemently presented “illegal migrants” as a threat, or were
utterly silent and unsure as to why they were meeting with the Special Rapporteur.
Migrants’ rights cannot be effectively protected and promoted if civil society is stifled
or under the authorities’ influence.
76.
The Special Rapporteur urges the Angolan authorities to provide the space
necessary for civil society to continue to advocate for migrant rights and contribute to
policies and practices affecting the human rights of migrants, in order to foster a
healthy public debate on the issue.
77.
The Special Rapporteur recommends that the Angolan authorities take the
action detailed below.
A.
Normative and institutional framework for the protection of the human
rights of migrants
78.
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 Racial Discrimination and the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
79.
Ratify the relevant ILO Conventions, including the Migration for Employment
Convention (Revised), 1949 (No. 97), the Migrant Workers (Supplementary
Provisions) Convention, 1975 (No. 143), the Freedom of Association and Protection of
the Right to Organise Convention, 1948 (No. 87), the Right to Organise and Collective
Bargaining Convention, 1949 (No. 98), the Domestic Workers Convention, 2011
(No. 189) and the Private Employment Agencies Convention, 1997 (No. 181) and
consider seeking technical assistance from ILO to ensure that Angolan legislation and
practice are in line with those Conventions.
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