UN CMW Highlights Key Migrant Rights Concerns in Jamaica, Mexico, and Niger

The CMW acknowledged Jamaica's initiatives to tackle trafficking in persons and welcomed its ratification of the ILO Domestic Workers Convention (2011, No. 189).

The UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) today released its latest findings following the review of reports submitted by Jamaica, Mexico, and Niger. The Committee’s detailed observations highlight ongoing efforts, major concerns, and strategic recommendations under the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.

Jamaica: Reforms Needed to Address Colonial-Era Migration Laws

The CMW acknowledged Jamaica's initiatives to tackle trafficking in persons and welcomed its ratification of the ILO Domestic Workers Convention (2011, No. 189). The country’s “Vision 2030 Jamaica – National Development Plan” was also praised for aligning with the Sustainable Development Goals and addressing emigration-related issues such as the brain drain.

However, the Committee raised serious concerns regarding outdated, colonial-era migration legislation that criminalizes irregular migration and lacks adequate procedural safeguards. It recommended Jamaica:

• Accelerate legislative reform led by the Ministry of Legal and Constitutional Affairs.

• Decriminalize irregular migration in accordance with international human rights standards.

• Repeal discriminatory provisions on “prohibited immigrants” that target persons with disabilities and children of undocumented migrant workers.

• Phase out immigration detention and prohibit the separation of children from their migrant parents.

• Ensure that appeals against deportation carry automatic suspensive effect.

Additionally, the Committee urged Jamaica to strengthen its international social security frameworks by negotiating more agreements with countries where Jamaican migrants reside, to enhance protection and portability of their social benefits.

Mexico: Militarized Migration Policy and Detention Practices Under Scrutiny

Mexico was recognized for aligning its Migration Law with the General Law on the Rights of Children and Adolescents, notably through the 2020 reform that prohibits the detention of migrant children and families. The Committee also commended the country’s increased consular support for nationals abroad, particularly in the United States.

Nonetheless, the Committee expressed grave concern about the increasing militarization of migration management, the use of private security contractors, and the widespread and unregulated execution of migration checks by unauthorized actors. The CMW called on the Mexican government to:

• End the involvement of armed forces in migration enforcement.

• Cease outsourcing migration responsibilities to private entities.

• Improve oversight and transparency mechanisms within its migration governance.

The Committee further criticized Mexico’s excessive use of migrant detention and urged respect for a 36-hour detention limit in holding centres. Stronger protection mechanisms for vulnerable migrant groups and broader access for civil society organizations were recommended to prioritize a human rights-based approach over security-centric policies.

Niger: Fragile Context Undermining Migrant Protection

Niger’s commitment to migrant rights, particularly through its national migration policy (2020–2035) and progressive civil status legislation, was acknowledged. These steps aim to ensure universal registration of vital events, including for migrants and refugees. The Committee also acknowledged Niger’s challenging context, including post-coup political instability, severe food insecurity, and climate-induced hardships.

Yet, concerns were raised over the dismantling of human rights institutions, specifically the dissolution of the National Human Rights Commission and the failure to operationalize a national observatory to replace it. Further alarming developments include:

• The 2023 repeal of the anti-smuggling law, seen as a regression in migrant protections.

• Documented cases of arbitrary pushbacks and abandonment of migrants in the Sahara Desert.

• Reports of human rights abuses by border enforcement agents.

In light of these issues, the Committee urged the government to adopt a comprehensive human rights-based border management strategy. This should include:

• Effective search and rescue operations.

• Respect for the principle of non-refoulement.

• Prohibition of arbitrary and collective expulsions.

• Immediate humanitarian assistance to migrants in distress.

The findings reflect the Committee’s continued emphasis on states’ accountability in safeguarding the rights of migrant workers and their families, particularly in contexts shaped by historical injustices, contemporary security challenges, and humanitarian crises. While acknowledging positive efforts, the CMW’s latest assessments serve as a stark reminder of the urgent legislative, administrative, and humanitarian reforms needed to uphold the dignity and rights of all migrants.