AMNESTY INTERNATIONAL

PUBLIC STATEMENT

AI Index: IOR 40/010/2009

Date: 1 October 2009

United Nations:

Call to nominate independent and qualified candidates for election

as members to the Committee on Migrant Workers

Amnesty International today expressed its concern that an insufficient number of nominations have been received for upcoming elections to the United Nations Committee on Migrant Workers. The organization is calling on all States Parties to the International Convention on the Protection of All Migrant Workers and Members of their Families (the Convention) to nominate independent and highly qualified candidates for the election to this body.

The term of service of half of the current members of the Committee expires on 31 December

2009. An additional four members of the Committee will also be elected following the entry into force of the Convention in the 41^ststate, Niger. States Parties have been invited to submit nominations of candidates for the elections to fill the vacancies, which will take place in Geneva on 3 December 2009.

“The effectiveness and credibility of this Committee depends on the election of individuals who are both experts in this field and who are independent”, Amnesty International said. “It is highly regrettable that only 6 nominations have been received for 9 vacancies and that 5 out of those 6 candidates are currently holding positions in their government.”.

The election of government officials to an otherwise independent body of experts has implications for the Committee, even if those officials do not participate in the consideration of their own government’s implementation of the treaty. The fact that a government official sits on a committee to scrutinize another government’s human rights record risks undermining the credibility of the Committee.

“We are also keen to see more women, who are experts in this field and who are also independent, nominated and elected to this Committee”.

In the interest of ensuring that the Committee membership includes a broad range of expertise and experience, it is important that there be a large pool of highly qualified candidates from which to choose. The national process for attracting and selecting candidates must be open, transparent and fair.

Nominations are still needed fromthe following States party to the Convention: Albania, Algeria, Argentina, Azerbaijan, Belize, Bolivia, Bosnia and Herzegovina, Cape Verde, Chile, Colombia, Ghana, Guinea, Honduras, Kyrgyzstan, Lesotho, Libyan Arab Jamahiriya, Mali, Mauritania, Nicaragua, Niger, Nigeria, Paraguay, Peru, Rwanda, Senegal, Seychelles, Syrian Arab Republic, Tajikistan, Timor-Leste, Uganda, and Uruguay.

Amnesty International therefore calls on each State Party to:

• Nominate a candidate of the highest calibre, who is impartial and independent, taking full consideration of the criteria established in the Convention. States should nominate candidates with practical experience in human rights and a high degree of expertise relevant to the work of the Committee.

• Establish an open and inclusive national selection process to attracting candidates, which is widely publicized and advertised throughout the country

• Encourage civil society organizations to participate at all stages of the nomination procedure, particularly to assist states in obtaining applications from highly qualified candidates and providing information on how the applicants meet the criteria.

• Refrain from nominating candidates who hold a position within the executive of their government.

• Review the gender balance, as well as geographical representation in the committee’s composition before every election takes place and bear this in mind when nominating and electing candidates.

• Vote only for candidates that meet the highest standards of independence, impartiality and expertise.

Amnesty International takes no position for or against individuals nominated or elected to serve as members of independent international bodies.

Background information

The Committee on Migrant Workers monitors States Parties' implementation of the International Convention on the Protection of All Migrant Workers and Members of their Families (CMW).

According to Article 72 of the CMW, the Committee shall consist of 14 experts:

• who are nationals of the States Parties to the CMW;

• who are persons of high moral standing, impartiality and recognized competence in the field covered by the Convention;

• and who shall serve in their personal capacity.

States Parties elect the members of the Committee by secret ballot from a list of persons who possess the above qualifications and who are nominated by states parties as candidates. Each State Party may nominate one candidate from among its nationals. (Article 72 CMW).

In the election of the Committee, states shall given consideration to equitable geographical distribution, including both States of origin and States of employment, and to the representation of the principal legal systems

Elections take place every two years. The five members whose terms expire on 31 December 2009 are nationals of Philippines, Guatemala, Sri Lanka, Turkey and Azerbaijan.

Nominations for members have been received from Philippines, Ecuador, Guatemala, Sri Lanka, Jamaica and Turkey. Among the current members whose term of office continues until 31 December 2011 are nationals of Mexico, El Salvador, Egypt, Morocco, and Burkina Faso.

States Parties to the Convention who will be voting to elect Committee Members are: Albania, Algeria, Argentina, Azerbaijan, Belize, Bolivia, Bosnia and Herzegovina, Burkina Faso, Cape Verde, Chile, Colombia, Ecuador, Egypt, El Salvador, Ghana, Guatemala, Guinea, Honduras, Jamaica, Kyrgyzstan, Lesotho, Libyan Arab Jamahiriya, Mali, Mauritania, Mexico, Morocco, Nicaragua, Niger, Nigeria, Paraguay, Peru, Philippines, Rwanda, Senegal, Seychelles, Sri Lanka, Syrian Arab Republic, Tajikistan, Timor-Leste, Turkey, Uganda, and Uruguay.

The full text of the International Convention on the Protection of All Migrant Workers and Members of their Families is available at:

http://www2.ohchr.org/english/law/cmw.htm#a72

For more information on the Committee on Migrant Workers see:

http://www2.ohchr.org/english/bodies/cmw/index.htm