A/HRC/14/30/Add.2
VI.
Conclusions and recommendations
104. The progress made by Romania in the protection of human rights in the
context of migration is noteworthy. During his visit, the Special Rapporteur observed
efforts made by the authorities to protect children left behind by migrating parents,
improve detention conditions of irregular migrants in short-term holding centres,
combat transnational organized crime, including trafficking in persons, facilitate the
temporary evacuation of refugees to Romania and institutional reforms to increase
efficiency in the management of migration. There still remain some challenges that
warrant further attention and resources and, accordingly, the Special Rapporteur
wishes to make the following recommendations.
105. In relation to the criminalization of irregular migration and the administrative
detention of migrants, the Special Rapporteur recommends that the Government:
(a)
Consider the recommendations made by the Working Group on
Arbitrary Detention in a 2009 report to the Human Rights Council,22 particularly the
call to States to study the set of measures contained in the United Nations Convention
against Corruption, with a view to implementing them for the prevention and
prosecution of corrupt practices and other efforts in combating arbitrary detention;
(b)
Restrict the use of detention for immigration purposes, ensuring that it is
a measure of last resort, only permissible for the shortest period of time and when no
less restrictive measure is available, and therefore to use and make available
alternative measures to detention both in law and in practice;
(c)
Take measures to review national laws applicable to the detention of
migrants to ensure that they are harmonized with international human rights norms
that prohibit inhumane treatment and ensure the due process of law;
(d)
Take all necessary steps to ensure that migrants in detention are granted
all guarantees associated to the due process of law, kept informed on the status of
their cases and receive specialized free legal assistance and interpretation, during the
entire procedure, including at administrative stages;
(e)
Consider reviewing the provisions regulating the status of “person
tolerated” with a view not to deprive of protection persons under the jurisdiction of
Romania.
106. In relation to the protection of migrant workers, the Special Rapporteur
recommends that the Government:
(a)
Consider ratifying the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families with the aim of
further strengthening efforts to protect migrant workers from abusive practices;
(b)
Conduct a study on the compatibility of Romanian legislation with the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, in order to ease the process of ratification of the
Convention;
(c)
Seek technical assistance from the United Nations Country Team, the
Office of the High Commissioner for Human Rights (OHCHR), the International
Labour Organization (ILO) and other stakeholders such as the International
22
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A/HRC/10/21.
GE.10-12102