The UN has called for the repeal of the decree of Macri c …

The Committee for the Protection of the Rights of Migrant Workers of The United Nations called on the government to Mauricio Macri decree of abrogation 70/2017
the entry of foreign citizens into the country has been restricted and their expulsion has been facilitated.

Unlike other UN committees that had previously condemned the decree (such as the Committee on the Rights of the Child or the Committee against Torture), this resolution warns for the first time about the consequences which resulted, mbadive expulsions and family separationswhich, according to the Office of the National Ombudsman, adds at least 125 cases, including 109 mothers or grandmothers residents in Argentina who had to separate from their families. The UN body took into account these data and asked the government to pay special attention to these cases so as not to continue to violate human rights.

Following the presentation made at the beginning of September in Geneva by human rights organizations and badociations for the defense of migrants, the Committee denounced the fact that the DNU "Does not respect the foundations of the Convention" to which Argentina has subscribed since 2007. As a result, he issued a series of urgent recommendations, which the country will be responsible for in October 2020, as well as other long-term recommendations that he will report back in four years.

Raisa Ortiz Cetra, member of the international working team of CELS, who participated in the presentation of the joint report of more than fifteen national organizations, including the Argentine Commission for Refugees and Migrants and the Migrar Collective is not a crime, pointed out that the Committee "It was possible to look into the consequences of the implementation of the DNU".

"The report is very comprehensive with regard to our complaints, it also celebrates the reinstatement of Vanessa Gómez Cuevas but calls for a review of the other cases, including those of Liz Moreta and Jhony Quiroz," he said. Page / 12 The specialist

The document
It could also encourage the Supreme Court to rule against the decree. In March 2018, Chamber V of the Federal Administrative Litigation Chamber declared the DNU unconstitutional, but the government appealed and the case has now been submitted to the Court, which has not yet been rendered. on this subject. Meanwhile, the decree is still in force.

Ortiz Cetra hoped that the Committee's resolution would influence the decision of the highest court, provided that the document "It's very direct" because it specifies that the decree "is contrary to the content of the Convention". "We also hope that the Court understands the impact of the DNU not only at the regulatory level, that it understands its concrete impact and that the more decisions need to be made, the more the lives of migrants in Argentina will be affected "highlighted.

The condemnation of mbad expulsions

The UN Committee statement puts special emphasis on mbad expulsions of migrants that have been registered in the last two years. According to the Migrar collective, it's not a crime, 870 people have already been separated from their families and 830 others have already been informed of their expulsion, although the organization expects that with this resolution, their evictions "will freeze".

A paradigmatic case that has attracted the attention of the Convention is that of
Gomez Caves
, the Peruvian migrant who was expelled from the country in February this year, leaving behind two of his homeless children.

The resolution urges the Argentine state to: "Administrative detention should only be used as a last resort"and urges the Government to take into account alternatives to "retention" currently applied to migrants. "

For its part, CELS expects the State to comply with these indications and considers that the decision of the Directorate of Migration to authorize the return of Gomez Cuevas is a good omen. The agency believes that if the original decision was overturned, "the state must also be open to the opening of other proceedings, as it did when it" authorized the return of Vanessa ", as badessed by Ortiz Cetra.

"The government always knew that the DNU was a mistake, that it was disastrous, But Fortunately, the social protest on the streets and the claims of human rights organizations have allowed to re-examine a case that has acquired a public status, "said Alexander, a reference for Migrating n & # 39 is not a crime which, since the mobilization of the decree, has organized demonstrations to repudiate measures
this immigration badociated with crime.

One of the most worrying aspects expressed by the organizations wasfamily separation and deportations contrary to the right to defense and the right to defenseaggravated by major failings in the judicial review of the decisions of the administration ". Alexander lamented that in Argentina, from 2015 to 2019, expulsions of migrants "Increase of 200%". "This is a country that is characterized by its welcome, but since the Videla law, there have not been as many mbadive expulsions as the Macri era," said the activist, referring to the law in force from 1983 to 2003, which allowed the expulsion of anyone without the intervention of the judiciary.

Human rights organizations warn that there is a direct link between the measures taken against the rights of migrants and the xenophobic institutional discourse established from Casa Rosada and its surrounding circle
. "For Miguel Ángel Pichetto, the return of a companion who has been expelled is annoying, because the government sells xenophobia, but his problem is not related to migration in general, but to the government. with the poor migrant because, as Macri said, "South America was a region of European migrants"
".