GENEVA September 28, 2007 - Statement of the International Catholic Migration Commission to the UN Committee on the Protection of the Rights of Migrant Workers and Members of their Families Delivered during the Seventh Session. For discussion of issues and questions regarding The first report to the Committee of the Republic of Bolivia.

The International Catholic Migration Commission welcomes the first report submitted to the Committee on the Protection of the Rights of Migrant Workers and Members of their Families by the Republic of Bolivia, particularly the detail in which it describes the protections that Bolivia's Constitution and other laws provide to migrants, in accordance with its obligations as a State party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families (hereafter referred to as "the Convention").

Moreover, we appreciate this opportunity to share with the Committee some perspectives and concerns gathered from ICMC members, partners and non-governmental organizations working with migrants and their families in the field. Like the Migrant Workers Convention itself, these perspectives and concerns relate not only to migrants from other countries working in Bolivia and members of their families, but also to Bolivians who have migrated to other countries. With regards to Convention rights and obligations towards migrants from other countries working in Bolivia and their families:

From January through September of this year, the number of requests for asylum in Bolivia have more than doubled compared to the same period last year, reflecting an overall increase in migration, particularly from Peru, Colombia, Eritrea and Somalia, among other countries. Within this context, it is important to recall that the Migrant Workers Convention generally applies to migrant workers and the members of their families ─ including asylum seekers ─ up to the point that they are recognized as refugees.

Request 1: Please inform the Committee about the current flow of migrants to Bolivia, including those seeking asylum, and the measures taken to protect and implement their Convention rights. Secondly, we recognize Supreme Decree No. 28329, adopted in September 2005, as a significant improvement over prior law in many respects, particularly in light of a number of strengthened protections and the establishment of the new National Refugee Commission (CONARE). 

Request 2: Please describe the specific steps taken by CONARE to ensure that Bolivia's obligations under the Migrant Workers Convention towards the rights of migrant workers and members of their families who are applying for asylum are respected until they are granted refugee status, especially considering that the asylum process is long and that migrants and members of their families experience great difficulty accessing their economic and social rights during that period.

Request 3: Please describe measures taken with respect to the expulsion of migrants, including (but not limited to) any of those seeking asylum and those whose applications for asylum have been rejected, and how such expulsions comply with Articles 16-19, 22, 23, 56 and 67 of the Convention.Request 4: Please describe policies and practices that ensure that the new Special Force for the Fight against Crime does not criminalize migrants on the basis of their claimed or proven status as: victims of human trafficking; asylum seekers; undocumented; or migrants in an otherwise irregular situation.

Request 5: Please describe the current number and nature of undocumented migrants in Bolivia, including sectors of employment, and any plans to regularize their status, particularly those who have been in Bolivia for many years, obeyed the laws, worked and contributed to the economy and built personal, social and community ties.

Turning to Bolivian migrant workers and members of their families living abroad ─ their rights and Bolivia's obligations to them under the Migrant Workers Convention: According to current estimates, one third of the population of Bolivia-3 million men, women and children- currently live outside of Bolivia, most of them of working age and actively employed.

In Spain, for example, Bolivian immigrants are reported to have grown from the fourth largest group of Latin American immigrants in 2006, to the third largest in June 2007, just behind Ecuadorian and Colombian immigrants, respectively. Among the nearly 200,000 Bolivians currently residing in Spain, approximately two thirds are of working age, with 40% working in domestic services and 23% in construction - 57% are women. An estimated 70% of Bolivians living in Spain ─ some 140,000 people - are either undocumented or have irregular administrative status, resulting in frequent exploitation, particularly in the workplace. According to the Association for Bolivia-Spain Cooperation (ACOBE), the irregular status of these Bolivian migrants and their families exposes them to situations of extreme vulnerability, thereby warranting the call for both the Bolivian and Spanish governments to adopt adequate policies of assistance.

It is important to note that that even while Spain hosts the largest number of Bolivian migrants of any one country in Europe, another 300,000 Bolivians are currently living in other countries of Europe, most of whom are working. Considering this, it is important to recall that Bolivian emigrants need the attention and support of their government, not only in Spain, but in other countries of destination as well. As part of this support, we reiterate the importance of accessible, dynamic consular services that provide, not only passport and repatriation assistance, but also assessment and support for undocumented Bolivian migrants and those who cannot turn to local authorities for fear of exploitation or recrimination in the workplace.

Request 6: With reference to Articles 23, 64 and 65 of the Convention, please describe policies and practices of the Bolivian government that offer assistance to Bolivian migrant workers and members of their families in other countries, including Spain. In particular, please inform the Committee of the activities and
services of Bolivia's embassies and consulates in providing services to Bolivian migrant workers and their families, including in Madrid and Barcelona, and any plans to open additional consulates in other areas including southern Spain, where Bolivian migrants are reportedly being charged hundreds of Euros by
intermediaries for services that are supposed to be free.

Request 7: Pursuant to Article 69 of the Convention, please inform the Committee of any steps Bolivia has taken to encourage countries in which important numbers of Bolivian migrants work without the benefit of full or proper legal status to regularize the status of those workers and members of their families, particularly those who have worked in the host country for many years, obeyed the laws, worked and contributed to the economy, and built personal, social and community ties.

We have further received reports indicating that Bolivian nationals wishing to emigrate abroad are explicitly discouraged from doing so, despite both the official position of the Bolivian government ─ which recognizes migration within its Constitution as an important demographic and economic source of growth ─ and statistics indicating that remittances sent from Bolivian migrant workers abroad comprise the country's second most important source of income. Moreover, we have received reports that Bolivian emigrants wishing to return to their State of origin have likewise been discouraged from doing so.

Request 8: Apropos of Article 8 of the Convention, please describe the policies and practices that ensure that Bolivian nationals are guaranteed their right to remain in, leave and enter their State of origin at any time.

Finally, we are gravely concerned about the social costs of migration related to the high number of Bolivian families that have been separated by migration, with either the father or the mother-and sometimes both- migrating to find work. Unfortunately, the laws of the countries to which Bolivian workers migrate generally do not permit family reunification for most of these migrants. Similarly, national laws generally do not allow the husbands, wives or children of Bolivian migrant workers to visit them, nor the migrants to return to visit their family members in Bolivia. This family separation creates a situation that is not only detrimental to families and migrant workers, but also to host countries and to Bolivia itself.

Request 9: With reference to paragraph 12 of the Convention's Preamble, and Articles 38 and 44, please describe steps Bolivia may have taken or will be taking to reduce the social cost of family scattering and to support family unity by:

o increasing the possibilities for Bolivians not to migrate, i.e., improving local opportunities so that potential migrants may stay in Bolivia with their families;
o collaborating with host countries to permit close family members to visit migrant workers abroad and, in situations other than temporary or seasonal work, to rejoin their relatives in the country where they have taken up work.

Thank you.