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Faculty of Law and UN Committee formalize cooperation on migration law

4 December 2023
Does our European and national migration law align with the values and norms of the United Nations? And what can we learn about migration law from the treaties and compacts developed by the United Nations? On November 24, the Faculty of Law at the Vrije Universiteit Amsterdam hosted a roundtable discussion on migration law with a UN oversight committee. The parties formalized the cooperation by signing a Memorandum of Understanding.

Roundtable Discussion

During the roundtable discussion, various scholars from the Faculty of Law, experts from the UN Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW), the UN Migration Network (UNNM), and other organizations engaged in dialogue about the UN Migration Pact (Global Compact for Safe, Orderly and Regular Migration, UN 2018, Compact) and the International Convention on the Protection of the Rights of All Migrant Workers and Their Families (UN 1990, Convention). They discussed which elements from the compact and the convention could enrich European and national migration law in four key areas within migration law: access to basic rights, regular migration routes, decent work, and ratification.

Convention inadequately implemented in law

Assistant professor migration law Younous Arbaoui initiated the roundtable discussion. In 2022, he established a collaboration between the Amsterdam Centre for Migration and Refugee Law and the UN committee to better apply the discussed convention and the work of the UN committee within European and national migration law. According to Arbaoui, this collaboration is a necessary step. "Unlike other UN human rights treaties, this convention is not yet sufficiently visible in European scientific studies. The collaboration between the faculty and the UN committee will contribute to filling this scientific gap. The roundtable discussion served as a catalyst for this."

Rights of undocumented migrant workers

The convention obliges states to cooperate when migrants without valid documents enter a country. Arbaoui highlights what makes this convention unique: "What makes this convention special is that it provides minimum protection to all migrant workers, including undocumented people." He adds, "If we pay more attention to UN migration law in the academic world, it can have a positive impact on the rights of undocumented migrants in the European Union. This includes access to healthcare or equality regarding employment conditions, such as compensation and working hours."

Memorandum of Understanding 

Arbaoui traveled to Geneva on Dec. 8 to sign a Memorandum of Understanding on behalf of the law school. The document formalizes a long-standing collaboration in which the parties will work together to dive into national and European migration law based on UN migration standards.

About the UN Committee CMW

The CMW is a United Nations oversight committee composed of independent experts working together to protect the rights of millions of migrant workers worldwide. Migrant workers and their families often face marginalization, xenophobia, and poor living and working conditions. In severe cases, they suffer from exploitation, deportation, and life-threatening situations. The CMW monitors how states implement UN treaties and protect the human rights of migrants.

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