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. The Committee recommends that the State party take appropriate measures to ensure that access to education is guaranteed to all migrant children in accordance with article 30 of the Convention. 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