25. The Committee is concerned at the information that the provisions of the Convention are not always respected in expulsion/deportation procedures, including due to the fact that:
c) article 131 of the Migration Law provides that when a deportation/expulsion order cannot be executed because it has been issued against a stateless person or a person lacking identity papers, or for any other justifiable reason, the Police Commissioner refers the concerned person to a penal judge and this person may end up in prison for up to three years, pending execution of the expulsion/deportation order.
26. The Committee recommends that the State party take the necessary measures to establish a legal framework which regulates expulsion/deportation procedures in accordance with articles 22 and 23 of the Convention, in particular:
a) the person concerned shall have the right to submit the reasons he or she should not be expelled and to have his or her case reviewed by a competent authority;
b) if a decision of expulsion that has already been executed is subsequently annulled, the person concerned shall have the right to seek compensation according to the law;
c) in case of expulsion, the person concerned shall be informed without delay of his/her right to have recourse to the protection and assistance of the consular or diplomatic authorities of the State of origin or of a State representing the interests of that State.
36. (...) Furthermore, the State party should intensify its efforts to guarantee that each child of a migrant worker shall have the right to a name and to registration of birth throughout the country, in accordance with article 29 of the Convention.
Protection/Enjoyment of rights
Detention
Birth registration
Legislative/Judicial/Administrative action