A/HRC/RES/23/20
Reaffirming that the Universal Declaration of Human Rights proclaims that
everyone has the right to freedom of movement and residence within the borders of each
State and the right to leave any country, including his or her own, and to return to his or her
country,
Recognizing the valuable economic, social and cultural contributions of migrants to
the communities of countries of origin and destination,
Reaffirming that everyone is entitled to all human rights and fundamental freedoms,
without distinction of any kind, including the right to life, liberty and security of person,
wherever the person is and regardless of his or her immigration status, and that human
rights are only subject to the limitations and derogations established in international human
rights treaties of which the State is party.
Recognizing that States are responsible for promoting and protecting the human
rights of all persons, including irregular migrants, who are in their territory and subject to
their jurisdiction,
Deeply concerned at the large and growing number of migrants, including women
and children, who have lost their lives in attempting to cross international borders without
the required travel documents, and recognizing the obligation of States to protect and
respect the human rights of those crossing their borders,
Bearing in mind that policies and initiatives on the issue of migration, including
those that refer to border control and the orderly management of migration, must be in
accordance with international human rights obligations in order to uphold the human rights
and fundamental freedoms of all migrants,
Expressing its concern at measures that, including in the context of policies aimed at
reducing irregular migration, treat irregular migration as a criminal rather than an
administrative offence, where the effect of doing so is to deny migrants the full enjoyment
of their human rights and fundamental freedoms,
Emphasizing the global character of the migratory phenomenon, the importance of
international, regional and bilateral cooperation, built on a partnership approach, and the
need to protect the human rights of migrants, particularly at a time in which the increased
regional and global mobility of persons, the structural changes in the global economy, and
the ongoing adverse impact of the world financial and economic crisis generates new
opportunities and challenges for countries of origin, transit and destination,
Recognizing that mixed movements, in which people with various needs and
circumstances use the same routes and means of transport, create challenges for States with
regard to the needs of the different individuals, and underscores the importance of status
determination and effective referral systems,
Aware that, as criminals take advantage of migratory flows and attempt to
circumvent restrictive immigration policies, migrants become more vulnerable to, inter alia,
kidnapping, extortion, forced labour, sexual exploitation, physical assault, debt servitude
and abandonment,
Affirming that crimes against migrants, including trafficking in persons, continue to
pose a serious challenge and require a concerted international assessment and response, and
genuine multilateral cooperation among countries of origin, transit and destination for their
eradication,
Expressing concern at the arbitrary detention of migrants in the context of
enforcement of migration laws and at the use of prolonged detention of persons without
procedural guarantees, particularly without prospect of removal,
2