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Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 117
- Paragraph text
- The Special Rapporteur welcomes policymaking discussions on migration in international policy platforms. The Special Rapporteur also welcomes the efforts made by the Global Migration Group to tackle migration issues from a human rights perspective, to be led by OHCHR. He also encourages inter-institutional coordination at the national level, including through specific mechanisms and with the participation of civil society, consular services, local governments and the private sector, for the development and implementation of migration policies that adopt a human-centred perspective.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 9
- Paragraph text
- The Special Rapporteur observes that disregard for human rights in migration management initiatives has detrimental consequences not only for the protection of non-documented or irregular migrants, but also for migrant populations as a whole and host societies at large. Accordingly, he proposes, in this report, to expand the framework of analysis to include the overall impact and consequences entailed by policies that use criminal penalties, or administrative penalties which mimic criminal ones, including policies that encourage labelling migrants as criminals or illegal.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 10
- Paragraph text
- While recognizing the complexity of irregular migration and the plight of irregular migrants, smuggled migrants and victims of abusive forms of migration and transnational organized crime, the Special Rapporteur wishes to stress that he does not aim to encourage irregular migration, but rather to underscore that irregular migration is sometimes tacitly encouraged by the migration management policies put in place by States. He also aims to highlight that a simplistic crime prevention or law enforcement approach is ineffective and usually neglects the human rights concerns involved in the complex causes and effects of irregular migration, in particular the importance of States adhering to international human rights standards vis-à-vis all migrants, whether documented or not.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 11
- Paragraph text
- In line with the above, the Special Rapporteur wishes to draw the General Assembly's attention to major human rights implications of the criminalization of irregular migration. The Special Rapporteur expects that his report will contribute to the dialogue on these issues in the framework of the fourth meeting of the Global Forum on Migration and Development, which will be held in Mexico in November 2010. In his view, the Forum's central theme "Partnerships for migration and development: shared prosperity-shared responsibility" is momentous. It provides an important platform for dialogue among States and other stakeholders on migration management and the protection of the human rights of migrants as the sine qua non for harnessing the benefits of migration and making of it a choice and a crucial tool for sustainable development.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 15
- Paragraph text
- The Special Rapporteur wishes to draw the attention of the General Assembly to the dangers of these policies, not only for migrants, but also for the migrants' societies of transit and destination. Research studies have already demonstrated that many enforcement mechanisms designed to prevent irregular or unauthorized migration, including harsh policies of interception, carrier sanctions and immigration control activities, may themselves be responsible for violence and abuse and may have the side effect of encouraging the expansion of smuggling and trafficking networks.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 16
- Paragraph text
- In the Special Rapporteur's view, criminalizing irregular migrants for the offence of being in a country without adequate documentation makes all migrants, regardless of immigration status, vulnerable to potential racist or xenophobic acts. Societies quickly distort the particular situations of migrants, and associate them with criminality, including organized crime, drug trafficking, robbery or even terrorism. As a result, migrants are prone to xenophobic outbreaks of abuse and violence, as evidenced by some of the alleged human rights violations brought to the attention of the Special Rapporteur over the past two years.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 17
- Paragraph text
- This detrimental pattern of individual and group behaviour in some transit and destination societies has a negative impact on children's upbringing since xenophobic models are handed down to them by adults and discriminatory sectors of society. In that connection, the Special Rapporteur wishes to warn the General Assembly of the consequences of the criminalization of migration on the enjoyment of human rights by migrants and to draw attention to the disproportionate use of the criminal justice system to manage irregular migration and of detention in migration management, as well as the inappropriateness of labelling migrants as "criminals" or "illegal", which, in turn exerts influence on the use of profiling against migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 18
- Paragraph text
- Breaches of immigration law are considered as criminal offences by a number of countries. Such breaches include: situations of irregular entry; lack of residence authorization; overstay using an expired residence authorization or tourist visa; and unauthorized re-entry after a deportation and re-entry prohibition decision. Some countries also criminalize third party assistance to irregular or non-documented migrants, or oblige third parties to report migrants (or suspected) migrants in irregular situations, a measure that is increasingly being used to discourage migration in general and to deter irregular immigration in particular.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 19
- Paragraph text
- Migration management based on criminal law tends to disregard a human rights dimension of migration and to focus solely on measures to address irregular migration by strengthening border controls and criminalizing both the facilitators and the migrants themselves. The Special Rapporteur has shown in the course of his mandate that the use of criminal measures to manage migration undermines the human rights of migrants and can directly or indirectly curtail their access to basic social rights, particularly health care, education and housing, as outlined in his annual thematic report to the Human Rights Council. In some instances, these measures also trigger multiple forms of discrimination and, in extreme cases, they have also endangered or violated the right to life.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 20
- Paragraph text
- In line with the above, the Special Rapporteur wishes to stress that the use of criminal law in the field of migration seldom serves the purpose of making migration safer, more secure or protected. As highlighted recently by the Commissioner for Human Rights of the Council of Europe, "criminal law is designed to punish individuals who harm other individuals or the society at large" and crimes of border crossing or stays on the territory of a State beyond a permitted period "are victimless crimes" and do not pose any harm to the society at large, but, if at all, "to the integrity of the State's border and immigration control laws".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 21
- Paragraph text
- The root causes of irregular migration are not addressed by resorting to its criminalization. Irregular migration is a complex phenomenon with multiple and interrelated causes, closely linked to three major triggers: the existence of increasingly restrictive controls in some countries of destination, as well as restrictions on legal avenues for migration (including family reunification); a rise in unemployment and social exclusion in some countries of origin, along with increased structural disparities within and among countries; and pull factors in destination countries, particularly the increased demand in the informal sectors of the labour market, which is endogenous to countries of destination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 22
- Paragraph text
- The Special Rapporteur holds the view that irregular migration is the result of the interaction of factors in countries of origin and destination and that therefore, managing irregular migration is a shared responsibility as pointed out in the theme of the fourth meeting of the Global Forum on Migration and Development. In his view, recognizing the demand for the labour force of irregular migrants in countries of destination should be the basis for the moral and legal obligation of countries of destination and origin to share responsibility for shaping and implementing a human rights-based approach to migration governance and subsequent decriminalization of irregular migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 25
- Paragraph text
- The Special Rapporteur concurs with the Working Group on Arbitrary Detention, which has stated that the principle of proportionality requires that administrative detention should be considered as a measure of last resort. Strict legal limitations must be observed and judicial safeguards provided for. The reasons put forward by States to justify detention, such as the necessity of identifying migrants in irregular situations, the risk of migrants absconding or facilitating the expulsion of irregular migrants who have been served with removal orders must be clearly defined and enumerated in national legislation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 29
- Paragraph text
- The Special Rapporteur also wishes to highlight that the term "illegal migrant", broadly used in the context of the criminalization of irregular migration is not recognized in international law. He wishes to recall that "irregular" or "non documented" migrant, as defined by article 5 of the International Convention on the Rights of All Migrant Workers and Members of Their Families, are internationally accepted terms to describe the situation of not having, or having lost, the proper documents that allow migrants either to reside in a given territory or to work there. In his view, labelling human beings as "illegal" is inconsistent with human dignity, particularly in light of the content that the term "illegal" carries with it, tainting migrants with prejudice and criminal suspicion because of its linkages with criminal law and the criminal justice system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 30
- Paragraph text
- The Special Rapporteur wishes to recall that the human rights enshrined in the Universal Declaration of Human Rights and in the core international human rights treaties extend to all migrants, including those who are in a non-documented or irregular situation. This has been repeatedly underlined by human rights mechanisms and is also made explicit by the International Convention on the Rights of All Migrant Workers and Members of Their Families. While some limited differential treatment between regular and irregular migrants may be justified under international human rights law, for example, with regard to political rights and access to certain specific programmes and services, such differential treatment must never encroach on the fundamental rights and liberties that a State must guarantee to all persons under its jurisdiction, irrespective of their immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 31
- Paragraph text
- Information collected and received by the Special Rapporteur indicates that, in some instances, law enforcement officials routinely use generalizations about ethnicity, religion, race, colour of the skin, or national origin in deciding whom to target for identity checks, stops, searches and sometimes arrest rather than utilizing objective evidence as the basis for making law enforcement and/or investigative decisions on criminal activity and the correlative criminal responsibility. Reports received by the Special Rapporteur also indicate that in some instances racial and ethnic profiling may result from the racist behaviour of individual law enforcement officials or, in some instances, from institutionalized racist and xenophobic practices, which are contrary to international law and human rights norms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 32
- Paragraph text
- The Special Rapporteur wishes to stress that profiling of immigrant communities and their purported association with criminal activities clearly contrast with principles of human dignity and the prohibition of discrimination. Profiling also disproportionately affects migrant communities, making them a target of mass identity checks, raids on homes, businesses and religious sites in the absence of specific evidence. Information received by the Special Rapporteur indicates that in some instances law enforcement officials have been tasked with rounding up and deporting foreigners in order to meet nationally set targets. The Special Rapporteur has also been informed that these practices sometimes target individuals from specific nationalities because repatriation costs are lower to certain countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 33
- Paragraph text
- From a due-process-of-law perspective, migrant profiling is highly detrimental as the very use of profiling defeats the presumption of innocence. The use of ethnic profiling, wittingly or not, contributes to a growing sense of marginalization of minority and immigrant communities, labelling entire racial, ethnic or religious groups as more likely to commit crimes and thereby signalling to the broader society that all members of that group constitute a threat. This is conducive to the creation of an environment of mistrust, ethnic or racial hatred, racism, racial discrimination, xenophobia and related intolerance, which, in some instances, contributes to the alienation or segregation of entire migrant communities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 37
- Paragraph text
- The Special Rapporteur is also concerned about the disproportionate use of force by security forces at borders, which, according to information received, has led to shootings and deaths of migrants, asylum-seekers and refugees. In this regard, the Special Rapporteur wishes to recall that international law and human rights standards demand that the use of force by law enforcement officials must be proportionate to the actual threat faced, and wishes to discuss, in the present report, the impact of the criminalization of irregular migration on asylum-seekers, victims of trafficking and children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 39
- Paragraph text
- The Special Rapporteur is especially concerned at the consequences for asylum-seekers of criminalizing third parties who are deemed to have facilitated irregular entry. The imposition of criminal penalties on carriers who transport asylum-seekers fails to recognize that individuals seeking protection in other countries are often forced to use false documents or resort to smugglers in order to leave their country. Many are unable to obtain proper documentation and permission before fleeing, often because they fear persecution from the same authorities that should issue their travel documents. False or forged documents are used in order to allow them to enter a country where they can seek protection.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 40
- Paragraph text
- The Special Rapporteur regrets that laws and practices in many States result in the criminal prosecution of asylum-seekers and refugees for irregular entry, stay or the use of fraudulent documents, despite this being prohibited by international refugee law, and despite the fact that it is explicitly against the recommendations of the Executive Committee of the United Nations High Commissioner for Refugees. He further regrets that some countries apply the same penalties for irregular entry to asylum-seekers, including, in extreme cases, whipping.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 41
- Paragraph text
- In the Special Rapporteur's view, criminalizing the entry and stay of asylum-seekers, as well as their methods of arrival, increases the vulnerability of asylum-seekers in host countries and feeds into the depiction of asylum-seekers as criminals, along with other so-called "illegals". Furthermore, with the increasing focus of migration management on controlling people and their movements, persons who move irregularly are more likely to be profiled than those who do not. In this regard, the Special Rapporteur is very concerned about the assumption that in practice there is some overlap between the categories of refugee and terrorist and calls upon States to support the situation of those escaping persecution and danger, taking all necessary measures to address the stereotyping of asylum-seekers and refugees and proscribing detention in the asylum-seeking determination processes.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 42
- Paragraph text
- The criminalization of irregular migration and the focus of migration management on security and border controls, place serious obstacles in the way of identifying and protecting victims of labour abuse, exploitation and human trafficking. In this regard, the Special Rapporteur recalls that if victims are not identified or, if they are incorrectly identified as "criminals" or "illegal" migrants, enjoyment of their rights and protection are hampered. As recalled by the Special Rapporteur on trafficking, the ability of victims to access the rights they are entitled to can only be ensured by their quick and accurate identification as victims.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 43
- Paragraph text
- The criminalization of irregular migration further limits victims' access to justice and protection and decreases the likelihood that they will report abuse to authorities. The added fear of criminal prosecution and punishment further prevents trafficked and smuggled persons from seeking protection, assistance and justice. The Special Rapporteur observes that recent border control measures aimed at tightening and preventing clandestine entry, including joint border enforcement operations in transit States or at sea, have had troubling effects on the victims.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 45
- Paragraph text
- The Special Rapporteur regrets that States have adopted increasingly aggressive anti-smuggling and anti-trafficking laws and policies, with a criminalization and law enforcement focus, without regard to other key elements such as the fundamental human rights obligations of States. He expresses concern about legislation in some States, which effectively allows victims of trafficking to be treated as criminals rather than victims of crime. Trafficked or smuggled, irregular migrants are in many instances prosecuted or detained because of their irregular migration or labour status as well as for using forged documentation, having left or entered a country without authorization, begging or for having worked in the sex industry. In this regard, he wishes to stress that victims of trafficking must be treated as victims of crime and protected against criminalization, including by adopting laws that protect trafficked persons from prosecution or punishment for trafficking-related offences such as holding false passports or working without authorization.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 47
- Paragraph text
- The Special Rapporteur continues to observe, as highlighted in his 2009 report to the General Assembly, that many countries still allow migration-related detention of children, in contravention of the best interests of the child. He also regrets the lack of "benefit of the doubt" in age-assessment processes for migrant children, the detention of unaccompanied minors, and in general, the detention of children in facilities that are unsuited for them and/or their families. In his view, the absence of a child and adolescent perspective in migration management is particularly worrisome with regard to immigration detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Adolescents
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 48
- Paragraph text
- The Special Rapporteur wishes to insist that migrant children should not be detained on the basis of their migration status or that of their parents. In his view, detention of children (either unaccompanied or with families) will never be in their best interests and that States should provide alternative measures to detention and confinement for all children subject to immigration control procedures. He also wishes to insist that immigration related detention of children should not be justified on the basis of maintaining the family unit (for example, detention of children with their parents when all are irregular migrants). As stressed by the United Nations Children's Fund (UNICEF), the Committee on the Rights of the Child and others, detention of children will never be in their best interests. Hence, the ideal utilization of a rights-based approach would imply adopting alternative measures for the entire family. States should therefore develop policies for placing the entire family in alternative locations rather than closed detention centres.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 51
- Paragraph text
- The Special Rapporteur also wishes to draw the General Assembly's attention to the dearth of qualitative and quantitative information regarding the experiences of migrant children (both unaccompanied and with their families) within migration control measures (e.g., information about their treatment at borders and in detention centres). He also wishes to draw attention to the increase of exploitation of migrant children for economic purposes and regrets that indicators on these issues are absent in most transit and destination countries, and that monitoring mechanisms both governmental and non-governmental, are quite scarce.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 53
- Paragraph text
- In the Special Rapporteur's view, creating opportunities for regular migration is a key strategy to address the root causes of irregular migration and discourage migrant smuggling and human trafficking. In this regard, he welcomes regional integration frameworks, such as the European Union, the Southern Common Market (MERCOSUR) and the Economic Community of West African States (ECOWAS), all of which favour labour mobility through legal migration channels. The Special Rapporteur wishes to highlight some practices aimed at promoting human rights-based approaches to migration management and at regularizing the situation of non documented migrants on a large scale.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 58
- Paragraph text
- The Special Rapporteur observes that large-scale regularization programmes are usually part of a multi-pronged strategy. They are aimed at incorporating workers in the informal "underground" economy into the formal economy, and in that way, to increase their contributions to national tax and social security revenues, limit workers exploitation and abuse and discourage migrant smuggling and human trafficking. He also observes that these programmes usually specify requirements of potential beneficiaries, including length of residence, proof of work and, in some instances, proof of social welfare contributions, age range and nationality (when the regularization programmes target migrants from countries with cultural and historical connections with the host country).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 59
- Paragraph text
- The Special Rapporteur welcomes the positive impact that recent large-scale regularization exercises have had on the lives, working conditions and realization of the human rights of former irregular migrants. The Special Rapporteur wishes to mention an illustrative number of examples of these programmes, which have been implemented in some countries in the Latin American region. Between 2002 and 2006, Mexico implemented a large-scale regularization programme, which included 15,000 non-documented migrants, mostly from countries in Central America. In 2008, Mexico adopted a new regularization programme for undocumented migrants who entered its territory before 2008, to be implemented between November 2008 and May 2011. The Bolivarian Republic of Venezuela implemented "Mission Identidad" (Identity Mission) between 1998 and 2006, which benefited approximately 415,000 irregular migrants who had lived undocumented in the country for many years.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 60
- Paragraph text
- The Special Rapporteur wishes to draw special attention to the large-scale regularization programmes in Argentina, which have been implemented in the context of the economic and financial crisis and have been used by the Government as a strategy and an effective tool to successfully overcome the crisis. In 2004, Argentina adopted its "Patria Grande" programme, including Decree No. 1169, which included a comprehensive approach to address irregular migration under the framework of the Migratory Law (Act 25875). The latter framework establishes that nationals of States Members MERCOSUR (Argentina, Brazil, Paraguay and Uruguay) or associate States (Bolivia (Plurinational State of), Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela (Bolivarian Republic of)) with no criminal background can obtain legal residence in Argentina. This programme has benefited 800,000 irregular migrants and contributed to a decrease in both the number of undocumented migrants and the unemployment rate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 63
- Paragraph text
- The Special Rapporteur has received information on some promising legal provisions aimed at replacing immigration detention. Information received indicates that alternatives to immigration detention may vary from cost-effective options already available in several legal systems such as release on bail, bond and surety, conditional release, return to custody for specified hours following release for employment, schooling or other defined purposes, to more innovative schemes such as open and semi-open centres, directed residence and restrictions to a specified district. Information received by the Special Rapporteur indicates that examples of legal presumption against immigration detention are found, inter alia, in the legislation of Austria, Brazil, Denmark, Finland, Ireland, Lithuania, New Zealand and Switzerland.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 65
- Paragraph text
- The Special Rapporteur welcomes the interest and activities undertaken by international organizations and civil society to explore, together with Member States and other stakeholders, alternative measures to immigration detention as a way to help States improve their compliance with their human rights obligations in relation to the treatment of migrants. In this regard, the Special Rapporteur praises the pilot project on alternatives to detention for families with children who are awaiting return that has been carried out in Belgium since October 2008 as a practical and positive example of greater cooperation between Governments and civil society in monitoring and evaluation of alternative measures to detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 66
- Paragraph text
- The enjoyment of human rights by migrants, regardless of immigration status, is a crucial means to ensure equitable human development and social development and justice for migrants. Migrants can play an active role in the social and economic development of host countries and contribute to the development of countries of origin and transit, particularly when their human rights are fulfilled in a manner that ensures equal opportunities and gender equality. Human rights, together with gender and age-sensitive strategies, should therefore feature prominently and systematically as an integral part of the overall strategy to achieve development in the context of migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 67
- Paragraph text
- Migration governance should be clearly human-centred, and grounded in human rights law, and it should therefore recognize the inherent dignity of every human being, promote equality and the prohibition of discrimination and fully incorporate the principle of equal opportunities and choices for all so that everyone, regardless of immigration status, can develop their own unique potential and have a chance to contribute to development and social progress. Ensuring that all migrants, regardless of their immigration status, enjoy their internationally recognized human rights at all stages of the migratory processes in countries of origin, transit and destination should be the guiding principle of migration governance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 68
- Paragraph text
- In the Special Rapporteur's view, the international community has created an important momentum for enhanced international cooperation in addressing the multifaceted issues raised by the international movement of people, as advocated by the Secretary-General in his report on international migration and development in 2005. In his view, it is imperative that human rights are fully incorporated in all migration-related processes and that a rights-based approach to migration features prominently at the policy and decision-making levels on migration governance-related issues. In light of the foregoing, the Special Rapporteur wishes to put forth a number of general recommendations for further consideration and action.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 71
- Paragraph text
- Efforts directed to adopt a human rights-based approach to migration governance should be redoubled. States and other stakeholders should systematically be guided by, and further the realization of, human rights standards contained in and principles derived from the Universal Declaration of Human Rights and other international human rights instruments, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, in all migration initiatives, including those implying multi-stakeholders cooperation and technical assistance and in all phases of the migration process.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 75d
- Paragraph text
- [States should consider that irregular migrants are generally in a very vulnerable condition and that irregularity is due to several factors (including restrictive migration policies, social exclusion and marginalization as well as demand for labour in countries of destination). States should accordingly:] Promote multi-pronged and multi-stakeholder initiatives, preferably including civil society and migrants themselves (such as research, advocacy strategies, policy discussions, etc.) in order to examine the context-specific and human rights-based options to address irregular migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 80
- Paragraph text
- The Special Rapporteur encourages the establishment and implementation of institutionalized services and programmes to provide comprehensive support and protection to persons arriving in mixed migratory flows, especially women, children and the elderly, including means to detect those who are in need of international protection. Protection services should include access to humanitarian assistance in the first instance, including adequate food and water, and access to health services, legal advice and effective asylum procedures. Longer term needs should include access to durable solutions in the case of persons in need of international protection and support for return to the community of origin for those people who are deemed able to return with no risk to their human rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Humanitarian
- Movement
- Person(s) affected
- Children
- Older persons
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 82
- Paragraph text
- States should prohibit ethnic profiling of migrant communities as a form of discrimination.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 87e
- Paragraph text
- [In cases where, exceptionally, detention of migrants is justified, this should not be made in facilities for criminals. Migration-related detention centres should not bear similarities to prison-like conditions. In connection with immigration detention facilities, States should bear in mind that:] Social protection (including access to education, health care, recreation and legal assistance), as well as contact with family in both countries of destination and origin, should be guaranteed: contact should also be facilitated with immigrant communities in destination countries and civil society institutions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 92a
- Paragraph text
- [Alternative measures should be systematically considered by States before resorting to immigration detention. States should ensure that the conditions and criteria to choose alternative measures do not discriminate in law or practice against particular groups of non-nationals, whether on the basis of their origin, economic situation, immigration or other status. These means also should be:] The least intrusive and restrictive in order to attain the same objectives of immigration-related detention, such as avoiding that migrants abscond and guaranteeing their presence in court or at administrative proceedings;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 92b
- Paragraph text
- [Alternative measures should be systematically considered by States before resorting to immigration detention. States should ensure that the conditions and criteria to choose alternative measures do not discriminate in law or practice against particular groups of non-nationals, whether on the basis of their origin, economic situation, immigration or other status. These means also should be:] Subjected to legal review and migrants should therefore be granted the possibility of challenging them before a judicial or other competent and independent authority or body.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 94
- Paragraph text
- States should enact and use a broad range of alternative measures. In developing such measures, States should draw on some of the existing practical alternatives already applied in some States. Alternative measures may include registration requirements; reporting or monitoring conditions; the deposit of a financial guarantee; or an obligation to stay at a designated address, an open centre or other special accommodation. Reporting requirements, where used, should not be unduly onerous, invasive or difficult to comply with. Bail, bond and surety should be made available to irregular migrants under conditions that are reasonable and realistic. The use of open centres, directed residence or special accommodation should be developed, with open centres preferred over more restrictive alternatives.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 10
- Paragraph text
- In particular, the Special Rapporteur wishes to take this opportunity to draw the attention of Member States to a number of reports he received on violations of migrants' rights to health and adequate housing. He emphasizes that the enjoyment of these rights by all individuals in society regardless of their citizenship, nationality and immigration status is not only an end in itself as a matter of entitlement, but also a crucial means to ensure equitable human development and social integration of migrants in host societies. Migrants can play an active role in the social and economic development of host countries, particularly when their fundamental rights, such as the rights to health and adequate housing, are fulfilled in a manner that ensures equal opportunities and gender equity.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 14
- Paragraph text
- Various treaty bodies have expressed concerns that migrants and their families are often subject to discrimination in practice in the areas of employment, housing, health care and education. In the wake of the global economic crisis, discrimination and xenophobia have increased, as has the corresponding negative impact on the enjoyment of human rights by migrants. Increasingly, States have enacted restrictive measures which adversely affect the enjoyment of the rights to health and adequate housing, arguably as a means of deterring irregular migrants and promoting "voluntary" returns to countries of origin. Such laws discriminating against migrants or programmes and policies which fail to address the specific needs and vulnerabilities of migrants often make it difficult for migrants to obtain access to basic services or permit access only at levels that do not meet international human rights standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 15
- Paragraph text
- Further, the criminalization of irregular migration as well other related measures of immigration control may indirectly preclude the enjoyment of human rights by irregular migrants. Laws imposing requirements for public servants, health professionals, judiciary and other stakeholders to report irregular migrants to the police or immigration authorities effectively deny such migrants access to health care and housing, as well as access to justice, as they become reluctant to seek public services or legal remedies, fearing negative consequences flowing from the detection of their irregular status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 16
- Paragraph text
- The Special Rapporteur is also concerned about a general lack of comprehensive policies and measures aimed at protecting and promoting the rights to health and adequate housing for migrants. The absence of such policies and measures may give rise to violations of the States' obligation to take steps towards the full realization of these rights. For instance, newly-arrived migrants may face a variety of challenges in accessing health care or housing, given their limited command of the language of the host State and their lack of knowledge of the laws and systems in the host countries. The enjoyment of the rights to health and adequate housing by migrants would be effectively hampered in the absence of necessary support, such as the provision of language training or free information on relevant laws and regulations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 19
- Paragraph text
- The application of the right to health to migrants is guaranteed by the principle of non-discrimination provided, inter alia, in the Universal Declaration of Human Rights as well as in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights. Further, the Committee on Economic, Social and Cultural Rights expressly confirmed the States' obligation to ensure equal access to preventive, curative and palliative health services by all persons, including migrants regardless of legal status and documentation. Similarly, referring to article 5 (e) (iv) of the International Convention on the Elimination of All Forms of Racial Discrimination, the Committee on the Elimination of Racial Discrimination recommended that States respect the right of non-citizens to health by, inter alia, refraining from denying or limiting their access to preventive, curative and palliative health services.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 22
- Paragraph text
- The element of accessibility stipulates that health facilities, goods and services must be physically and economically accessible by all sections of the population, especially vulnerable or marginalized groups, without discrimination on any of the prohibited grounds. To that extent, the principle of non-discrimination constitutes an important starting point, although migrants are often discriminated against, in law and in practice, while attempting to gain access to health care. Many host countries justify restricting migrants' access to health care on the grounds of protecting their welfare systems from abusive claims and, increasingly, as a means of deterring migration. While this reasoning may look attractive and may be politically useful in host countries, several studies seriously question this premise and the desired deterrent effect of such measures.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 23
- Paragraph text
- A number of reports indicate that migrants may be more vulnerable to poor health by virtue of their often low socio-economic status, the process of migration and their vulnerability as non-nationals in the new country. While studies in several countries that belong to the Organization for Economic Cooperation and Development have found that migrants generally may be of good health or initially gain benefits in improved health conditions from migration, such benefits diminish over time, partly due to the exposure to the adverse working, housing and environmental conditions that often characterize low-income groups in industrial countries. Many migrants are often employed in the three "D" jobs (dirty, difficult and dangerous) in mostly informal and/or unregulated sectors with little respect for labour and other protection. Typically, such work is of intensive and temporary or seasonal nature, with significantly higher occupational hazards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 24
- Paragraph text
- The mental health of migrants is also an issue of concern, as factors such as social isolation caused by separation from family and social networks, job insecurity, difficult living conditions and exploitative treatment can have adverse affects. While better economic opportunities may result in positive effects on migrants' mental health, other reports indicate that migrants suffer a higher incidence of stress, anxiety and depression than residents. Further concerns are expressed about the mental health of migrants in detention, in particular with regard to the lack of access to mental health care and services, and inadequate allocation of resources to treat mental health ailments while in detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 25
- Paragraph text
- The processes of migratory movement may also have a significant negative impact on the health of migrants before they arrive in the host country. The stricter restriction for entry to richer Northern countries has increased the use of clandestine, unofficial and dangerous entries. For instance, vulnerable groups of migrants, such as asylum-seekers, or victims of trafficking and people-smuggling, may have been exposed to sexual and gender-based violence, greater vulnerability to ill-health and may have had a diminished ability to exercise informed choices concerning their health in countries of origin or in transit. According to the World Health Organization (WHO), the exposure to risk associated with population movements also raises migrants' vulnerability to psychosocial disorders, drug abuse, alcoholism and violence. In addition, limited access to health care during the transit and early insertion phases of migration increases the resultant burden of untreated conditions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 27
- Paragraph text
- Entitlements and access to health care for migrants and the level of such care vary enormously, depending on the State in focus as well as on immigration status. It may range from emergency care to expansive health coverage for all, including migrants in irregular situations. On one end of the spectrum, regular migrants satisfying certain conditions may have entitlements comparable to citizens of host States, although there may be differences between long-term and short-term migrants with regard to entitlements and access. On the other end, non-nationals may not be able to access life-saving medication, because facilities deny treatment on the basis of "being foreign" or not having a national identity document. What may exist between the two extremes is the payment for preventative and primary health care, including urgent or emergency care and free medical service on certain restricted grounds. Most countries, however, link access to non-emergency health care to migrants' immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 28
- Paragraph text
- While States have developed different criteria for what constitutes emergency health care, this regrettably does not address the fundamental issue of not conditioning health care to a person's immigration status. In this regard, mere commitment to emergency care is unjustified not only from a human rights perspective, but also from a public health standpoint, as a failure to receive any type of preventive and primary care can create health risks for both migrants and their host community. Experts have suggested that given the relatively small proportion of migrants in irregular situations and their underutilization of services, providing them with access to preventive and primary care rather than with delayed emergency intervention may actually lower the costs of the health system. In this context, the Special Rapporteur stresses the critical importance of providing migrants with essential primary health care, given that migrants may often have to self-medicate and use health services at a later stage in the progression of their ailments than members of the host community.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 29
- Paragraph text
- Article 12 of the Convention on the Elimination of All Forms of Discrimination against Women guarantees the right to access health-care services, including family planning services, on a basis of equality of men and women. This provision is particularly pertinent, as migrant women and girls face specific challenges in the field of health. They may be subject to sex- and gender-based discrimination, such as mandatory HIV/AIDS, pregnancy or other testing without their consent, as well as sexual and physical abuse by agents and escorts during transit. In host States, many female migrants are employed in relatively low-skilled jobs within the manufacturing, domestic service or entertainment sectors, often without legal status and little access to health services. They are often subject to exploitation and/or physical and sexual violence by their employers or clients. They may be particularly vulnerable to HIV and have few alternative employment opportunities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 30
- Paragraph text
- Female migrant workers engaged in domestic services are one of the most vulnerable groups of migrant workers. There appears to be a widespread pattern of physical, sexual and psychological abuses of migrant domestic workers, and they are also often exposed to health and safety threats without being provided with adequate information about risks and precautions. Further, their vulnerability is heightened by the lack of domestic legal mechanisms recognizing or protecting their rights. Consequently, they are often excluded from health insurance and other important social and labour protections. Given the lack of health care, they tend to seek care late.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 32
- Paragraph text
- With regard to immigration detainees, the Special Rapporteur received reports of detainees being wilfully and maliciously denied proper medical treatment, to which they are entitled by legislation, while they are in the custody of the national authorities. This is particularly worrying with respect to children and women, as well as with respect to victims of torture. The denial of reproductive rights for those who have been sexually assaulted or the failure to provide adequate information on their reproductive choices in the event of pregnancy are breaches of the obligation of States to ensure equal access to health care.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 36
- Paragraph text
- The legal status of migrant parents may also affect access to health care by migrant children. While some migrant children may be citizens of the host country by virtue of jus soli, they may still face obstacles in accessing health care, in particular if their parents are migrants in irregular situations and therefore reluctant to seek health care for fear of their immigration status being detected. Similarly, many children in irregular situations are not enrolled in schemes for low-income migrant children that provide health care regardless of ability to pay, because their parents are reluctant to approach the social services for fear of being reported to the authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 38
- Paragraph text
- The Special Rapporteur also expresses particular concern about the administrative detention of migrant children and recalls his earlier pronouncements that the detention of migrant children should be a last resort. He notes with concern that children suffering from serious medical conditions as well as children with disabilities were routinely kept in detention despite guidelines stating clearly they should not be. The health concerns for migrant children in detention are further exacerbated by the provision of inadequate medical services and treatment. Further, there is a failure to properly diagnose the mental health of children as well as inadequate access to counselling and other assistance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 39
- Paragraph text
- The importance of ensuring the fulfilment of the right to adequate housing cannot be overemphasized, given its relationship to the realization of other fundamental human rights, such as the right to health. Clearly, the lack of adequate housing may trigger many health problems, such as poor nutrition, mental health problems and substance abuse, as well as illness caused by the lack of safe drinking water or sleeping rough. Despite the importance of this right, there still remains "a disturbingly large gap" between international human rights standards and the situation prevailing in many parts of the world, in particular with respect to migrant women and children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 41
- Paragraph text
- In analysing the challenges faced by migrants in the enjoyment of this right, it is important to note that the right to adequate housing is not a right to mere shelter, but the right to live in a safe, peaceful and dignified environment. Whether or not housing is adequate is contingent on a number of elements, including, inter alia, the security of tenure, affordability, accessibility, location and availability of services, facilities and infrastructure. In the context of migrants, the attention of the Special Rapporteur has been drawn to challenges in accessibility and the security of tenure, owing to migrants' vulnerable status as non-nationals.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 43
- Paragraph text
- In practice, however, a variety of challenges remain to be tackled in fully realizing this element of the right to adequate housing. In the private housing market, discrimination often inhibits migrants' access to adequate housing. Discrimination may be direct in the sense that some housing advertisements may explicitly indicate that certain groups of individuals are not desired as tenants or state preferences for nationals with permanent jobs. There are also reports that individuals identified or perceived to be from certain ethnic and religious groups have been subjected to discrimination in the private rental housing market, particularly since the attacks of 11 September 2001.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 44
- Paragraph text
- Discrimination in housing may also result from poverty and economic marginalization. Migrants, who may experience marginalization in the labour market and often have difficulties in securing stable jobs with reasonable pay, are often relegated to a lower socio-economic status and may be subject to differential treatment by housing providers. The Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context has received testimonies from migrant workers who did not have access to quality housing and who were forced to live in informal dwellings, on construction sites or in overcrowded houses, or to rent beds by the hour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 45
- Paragraph text
- Migrants may be subject to indirect discrimination in that certain criteria for accessing rental housing may have a disproportionate impact on them. For example, where landlords demand rental, credit or employment history records as part of applications for housing, newly-arrived migrants are at disadvantage as they do not have such records in the host State. The use of such criteria may constitute discrimination where they have a disproportionate impact on individuals on the grounds of citizenship or immigration status. In addition, newly-arrived migrants who do not speak the language of the host State may find it difficult to acquire information on the laws, contracts and other obligations relating to housing, as well as on governmental or community housing support.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 46
- Paragraph text
- Given their limited access to housing through the private market, it is of concern that migrants often do not enjoy the safety net provided by social housing in many countries, especially where there is a shortage of social housing in general. Certain categories of migrants, such as holders of temporary visas, may not be entitled to social housing, or migrants may be considered less desirable applicants than citizens. In some countries, the acquisition of citizenship is a requirement for renting social housing, which prevents newly-arrived migrants, including those in destitute situations, from gaining access to social housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 48
- Paragraph text
- Further, irregular migrants often face practical obstacles in renting. For instance, landlords may require a variety of documentation, such as proof of residential registration, employment history and income statements, which is almost impossible for irregular migrants to provide. Thus, irregular migrants often resort to sublets or renting in an unofficial housing market, and must pay exorbitant rents despite the very poor conditions of the accommodation. Reports suggest that given the high rent, it is common for irregular migrants to live in overcrowded conditions and share beds with several other people who have different working schedules.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 52
- Paragraph text
- The Special Rapporteur notes with regret the widespread practices of forced evictions of migrants around the world. There are many instances where migrants, most often vulnerable groups such as irregular migrants, asylum-seekers and unaccompanied children, are forcibly evicted from their homes without adequate notice, prior consultation or alternative accommodation. Such forced evictions often take place to clear slums, squatter camps and other informal settlements in the name of development, beautification and regeneration of the areas concerned, or for the holding of major events. In the absence of alternative accommodation provided by States, the evicted residents are often rendered homeless and pushed into areas where they have no access to basic services, employment opportunities or sources of livelihood. Reports suggest that irregular migrants are often arrested and arbitrarily deported to their countries of origin following forced evictions. These practices of forced evictions clearly undermine not only migrants' right to adequate housing, but also other related rights such as the rights to health, food, water and education.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 54
- Paragraph text
- In some occupations, such as domestic work, women migrant workers may be provided with housing by their employers or legally required to live with them as part of the conditions for their visa sponsorships. However, numerous reports indicate that the housing conditions of domestic workers are often grossly inadequate, without running water or adequate sanitary facilities. Such workers may also have no privacy and may be forced to sleep on the kitchen or bathroom floor, which degrades the workers' dignity and leads to psychological abuse. Even in such situations, migrant women would be reluctant to complain about the housing conditions for the fear of the loss of employment and forced evictions, thereby perpetuating the violations of their right to adequate housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 55
- Paragraph text
- The Special Rapporteur also recalls the linkage between violence against women and the right to adequate housing. Many migrant women are vulnerable to various forms of violence, including domestic violence, sexual abuse and harassment, physical violence and forced evictions. Such violence is a serious concern for migrant domestic workers, whose options are effectively reduced to either enduring violence or reporting it to the authorities, thereby risking homelessness and eventual loss of employment and deportation. Further, migrant women at risk of homelessness are made even more vulnerable to further violence, such as sexual exploitation and trafficking.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 56
- Paragraph text
- The right to adequate housing is specifically guaranteed to children under article 27 of the Convention on the Rights of the Child, which recognizes the right of every child to a standard of living adequate for the child's physical, mental, spiritual, moral and social development. Where necessary, States are also obliged to provide parents and others responsible for the child with material assistance and support programmes, particularly with regard to nutrition, clothing and housing. This right is not limited to children who are nationals, but extends to all children, including asylum-seeking, refugee and migrant children, irrespective of their nationality, immigration status or statelessness.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 58
- Paragraph text
- The stark reality is that this right remains unfulfilled in many parts of the world, often owing to the higher risk of poverty experienced by migrant children as compared to national children. A study shows that migrant children are more likely than national children to live in overcrowded housing, which may have a negative impact on their development. The concern is heightened with respect to irregular migrant children, whose right to adequate housing is dictated by the conditions of social exclusion that their families are subjected to. The lack of access to adequate housing for irregular migrant parents means that their children are deprived of housing as well. The Special Rapporteur has also been informed of cases where the authorities are willing to provide housing assistance to irregular migrant children, but not to their families. This gives rise to difficult situations where children must either choose to live with their families at risk of homelessness, or separate from them to receive housing assistance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 59
- Paragraph text
- Further, concern is expressed in particular with respect to independent, unaccompanied migrant children. Unaccompanied children are particularly vulnerable to social exclusion and often have limited access to housing, due to the absence of adults' assistance either via social networks or housing markets. Thus, independent and unaccompanied migrant children are more likely to be homeless or to live in collective dwelling or temporary homes of lower quality, such as shacks and rooms, compared to national children or migrant children with parents or guardians. A study conducted by the United Nations Children's Fund (UNICEF) shows that the vast majority of independent migrant children in developing countries often sleep on the streets and in markets, shop fronts and kiosks, which exposes them to inadequate sleep, sexual harassment, robbery and assault. Even where unaccompanied children are provided with housing by the State, they are often accommodated in hostels or bed and breakfast accommodation, which may not be a suitable environment for children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 61
- Paragraph text
- The Special Rapporteur commends efforts undertaken by Governments to ensure migrants' access to economic and social rights, regardless of immigration status. For example, the Migration Law (Law 25.871 of 2004) of Argentina recognizes the State obligation to ensure equal access to, inter alia, shelter, social services, public goods, and health for migrants and their families, regardless of immigration status. In Spain, all migrants, regardless of immigration status, are also entitled to register in the local government's register, which is a requirement for, inter alia, having access to education and health care. It is worth noting that the content of the registration information is not shared with immigration authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 62
- Paragraph text
- A number of initiatives have been also undertaken at the regional level. For example, the Migration Policy Framework for Africa, adopted by the African Union in 2006, aims at developing a coordinated migration policy based on common priorities, including the interlinkages among migration, poverty and conflict as well as between migration and health. In 2008, the Inter-American Commission on Human Rights also developed the Guidelines for the Preparation of Progress Indicators in the Area of Economic, Social and Cultural Rights, in which it recommends that States consider groups and sectors enduring situations of severe inequality which limit their enjoyment of social rights, including migrants in irregular situations. In the Asia-Pacific region, there are initiatives, such as the Joint United Nations Initiative on Mobility and HIV/AIDS in South-East Asia, which seek to develop and strengthen policies, legislation, plans and mechanisms to ensure universal access by migrants to HIV prevention, treatment, care and support services throughout the migration cycle.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 63
- Paragraph text
- The Special Rapporteur also notes initiatives undertaken by trade unions. For example, the Estonian Association of Trade Unions, the Central Organization of Finnish Trade Unions (SAK) and the Finnish Union of Salaried Employees (TU) provide information to migrant workers on housing, work permits, taxes, employment applications and services offered by trade unions. In the Republic of Korea, the Medical Mutual-Aid Union for Migrant Workers in Korea systematically responds to the issues of irregular migrant workers and its programmes have been expanded to provide regular migrant workers without workplace health insurance with, inter alia, health care and treatment through a mobile clinic in several cities, as well as financial support for medical expenses such as hospitalization, emergency treatment and childbirth/delivery.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 70
- Paragraph text
- In conclusion, the realization of the rights to health and adequate housing plays a crucial role in the integration of migrants in host societies. Obstructing and limiting access to services, institutions and goods that give effect to such fundamental rights represents not only violations of migrants' human rights, but also obstacles to migrants' inclusion and their active participation in the host States. In the view of the Special Rapporteur, such denial of human rights carries significant costs not only to migrants and their home countries, but also to host countries, including social disintegration and public health dangers. Despite progress made as a result of a number of encouraging good practices, the Special Rapporteur considers that many challenges lie ahead and wishes to make the following recommendations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 80
- Paragraph text
- In view of the fact that migratory processes and living conditions of migrants in host States may have negative effects on their mental health, States should ensure that migrants' access to health care includes mental health care. In this regard, States should pay particular attention to improving the mental well-being of migrants by creating services that are integrated and appropriate to their needs. Further studies into the mental health needs of migrants, which recognize the crucial interrelationship between social circumstances and mental health and help provide an insight into relevant mental health care and assistance, in particular to migrant women, migrant children and migrants in detention, are required.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 84
- Paragraph text
- The best interest of the child requires that States take specific measures to ensure that all migrant children are able to enjoy the right to health, including continued access to health, as well as the rights related to health, such as the right to obtain a birth certificate. The right to health for unaccompanied children must be ensured immediately upon arrival, regardless of their immigration status. Furthermore, any decision to repatriate children to countries of origin should take into account the access to the right to health in those countries in the determination of what is in the child's best interest.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 88
- Paragraph text
- States should, at a minimum, provide migrants in irregular situations at risk of homelessness with a level of housing which ensures their dignity and allocate resources to shelters which provide assistance to migrants in irregular situations. In this regard, cooperation and partnerships with non-governmental organizations, welfare organizations and community-based organizations at the grass-roots level are strongly encouraged. In the long term, regularization of migrants in irregular situations should be considered, so as to better protect their right to adequate housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 89
- Paragraph text
- States should ensure that evictions are carried out only in exceptional circumstances and in accordance with international human rights law. Affected individuals should be fully consulted and informed in advance of any planned evictions in languages they understand, and should be provided with alternative accommodation and compensation, and due process rights. In this regard, the Special Rapporteur encourages States to refer to the Basic Principles and Guidelines on Development-Based Evictions and Displacement formulated by the Special Rapporteur on adequate housing (A/HRC/4/18, annex).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Recapitulation of main thematic issues (irregular migration and criminalization of migrants; protection of children in the migration process; the right to housing and health of migrants) 2011, para. 17
- Paragraph text
- The Special Rapporteur focused on three main thematic issues during his term as mandate holder, namely, criminalization of irregular migration, protection of children in the context of migration, and the rights of migrants to health and adequate housing. They are briefly summarized below. As a general rule, the Special Rapporteur held that the guiding principle of migration governance must be the fulfilment and protection for all migrants, regardless of their immigration status, of their internationally recognized human rights at all stages of the migratory processes - in countries or territories of origin, transit and destination (A/65/222, para. 67).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Recapitulation of main thematic issues (irregular migration and criminalization of migrants; protection of children in the migration process; the right to housing and health of migrants) 2011, para. 18
- Paragraph text
- The Special Rapporteur observed with deep concern the increasing trend towards criminalization of irregular migration and the increasing abuse of irregular migrants throughout the migration process. Two measures taken by States illustrated this general trend: the externalization of migration control policies and the criminalization of labour migration. In efforts to curb irregular migration and simultaneously address national security issues, the externalization of border controls to countries of origin and transit through bilateral agreements to restrict migratory flows has contributed to a tendency to treat violations of migration procedures as criminal rather than administrative offences. States have also resorted to criminalization by making irregular stay in the country a criminal offence. He noted that these measures have weakened the human rights protection of migrants, as seen in the administrative detention of migrants intercepted at sea and/or by land, outbreaks of xenophobic abuse and violence in countries of destination and the expansion of smuggling and trafficking. While acknowledging the sovereign right of States to safeguard borders and manage migration, the Special Rapporteur observed that these policies fail to adequately acknowledge the demand-driven nature of migration and the labour needs of host countries and their detrimental consequences for migrant populations as a whole and host societies at large. To assist States in implementing human rights-based migration policies, the Special Rapporteur offered practical recommendations for reforming regional and bilateral cooperation mechanisms and agreements and provided good examples and alternatives to the criminalization of irregular migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Recapitulation of main thematic issues (irregular migration and criminalization of migrants; protection of children in the migration process; the right to housing and health of migrants) 2011, para. 19
- Paragraph text
- Recalling the obligation of States to protect the rights of the child at all stages of the migration process, the Special Rapporteur considered the specific protection needs and vulnerability of children in the migration process. He identified three categories of children affected by migration: children "left behind", children "on the move", and migrant children in host countries. While noting that the impact of migration on children left behind by adult migrants responsible for them is difficult to measure, the Special Rapporteur stressed the necessity of promoting family unity and reunion with family members in host countries. Children moving across borders migrate with family members or independently, often for education or employment opportunities, but also forcibly, when falling victim to organized crime networks. These children, in particular when unaccompanied or undocumented, need specific protection against sexual violence, deportation and repatriation, unlawful and arbitrary deprivation of liberty. With respect to children in host countries, the Special Rapporteur indicated two areas where enhanced efforts by States are needed: protection from transnational organized crime and ensuring the full enjoyment of human rights by children of a migrant background. Major challenges in the protection of children during migration include the lack of child-specific provisions, and the lack of distinction between adult and child migrants, in national migration laws and policies and the particular vulnerabilities of the girl child and children in irregular migration. To assist States in addressing these and other pertinent issues, the Special Rapporteur presented a number of recommendations for further consideration and action.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Recapitulation of main thematic issues (irregular migration and criminalization of migrants; protection of children in the migration process; the right to housing and health of migrants) 2011, para. 20
- Paragraph text
- The Special Rapporteur's third focus concerned the realization of the rights to health and adequate housing in the light of the growing trend in many host countries to adopt immigration policies and measures which significantly hamper the enjoyment of those rights. He expressed concern at the general lack of comprehensive policies and measures aimed at protecting the rights of migrants to health and adequate housing and noted that the absence of necessary support, such as language training and information about laws and regulations, further obstructed the enjoyment of these rights. In relation to the right to health, the Special Rapporteur was concerned at the vulnerability of migrants to poor health due to their low socio-economic status. He observed that their entitlements and access to health care varied enormously. At one end of the spectrum, non-nationals were not able to access life-saving medication because facilities denied treatment on the basis of "being foreign" or not having a national identity document. The Special Rapporteur identified women domestic migrant workers as one of the most vulnerable groups of migrant workers and reported a widespread pattern of physical, sexual and psychological abuse among these women. Concerning the right to adequate housing, the Special Rapporteur noted "a disturbingly large gap" between international human rights standards and the situation prevailing in many parts of the world, in particular with respect to migrant women and children. Notably, discrimination often inhibited migrants' access to the private housing market. The situation was particularly difficult for irregular migrants, especially in countries where irregular stay is a criminal offence. In his recommendations, the Special Rapporteur underlined that, as a matter of fundamental principle, States should fulfil the "minimum core obligation" to ensure the satisfaction of minimum essential levels of primary health care as well as basic shelter and housing for all individuals within their jurisdiction.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Recapitulation of main thematic issues (irregular migration and criminalization of migrants; protection of children in the migration process; the right to housing and health of migrants) 2011, para. 22
- Paragraph text
- In recapitulating the concerns and findings gathered in the exercise of his mandate, the Special Rapporteur reiterated concern at the increasing intolerance towards migrants and their vulnerability to potential racist or xenophobic violence, trafficking and smuggling and the fact that migrants with irregular status often fear to seek protection from authorities and are hence left without access to basic social rights. He stressed that migration can be an essential component of development and prosperity in all countries of origin, transit and destination around the globe. The Special Rapporteur thanked the Human Rights Council for the privilege and opportunity of serving the mandate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 11
- Paragraph text
- The power of the State to manage admission and expulsion, however, has to be exercised in full respect for the fundamental human rights and freedoms of non-nationals, which are granted under a wide range of international human rights instruments and customary international law. Although it is the sovereign right of all States to safeguard their borders and regulate their migration policies, States should ensure respect for the human rights of migrants while enacting and implementing national immigration laws. It is the responsibility of the State, regardless of the legal status of the migrant, to ensure that fundamental human rights norms are adhered to and that all migrants are treated with dignity, and their obligation to respect and protect the human rights of all those within its territory, nationals and non-nationals alike, regardless of mode of entry or migratory status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 12
- Paragraph text
- The Special Rapporteur drew attention to the increasing criminalization of irregular migration and the abuses of migrants during all phases of the migration process. This criminalization is linked in many countries to persistent anti-migrant sentiments, which is often reflected in policies and institutional frameworks designed to manage migratory flows, often in a purely restrictive manner. The Special Rapporteur received reports of the criminal justice practices used by States to combat irregular migration, including greater criminalization of migration offences (as opposed to treating them as an administrative offence) and cross-national collaboration by police and other authorities, which have in certain cases resulted in increased violations against migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 16
- Paragraph text
- The Special Rapporteur observed that the increasing criminalization of irregular migration, in cases of movement for economic purposes, did not adequately address issues of demand driven labour and the needs of the receiving economies. A predominant push factor for migrating was perceived employment and, despite the reciprocal relationship between economies that may be able to absorb additional migrants which move in search of employment based on perceived demand in the host country, it is often the irregular migrant who is penalized. Moreover, an inadequate understanding of the needs of a host society could lead to xenophobic sentiments towards the migrant population, even if the migrants are filling a labour gap which contributes to helping an ailing sector of the host economy.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 18
- Paragraph text
- Also, the Special Rapporteur focused on the phenomenon of migrants travelling by sea in search of safety, refuge or simply better economic conditions. In an effort to restrict these flows, destination States have increasingly resorted to interception practices within the broader context of migratory control measures. In both cases reports indicated that adequate protection safeguards and attention to the human rights of those rescued or intercepted had not always been evident. The Special Rapporteur expressed concern about reports received concerning migrants who had been intercepted, detained or who had lost their lives at sea, in particular in the Mediterranean and Gulf regions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 21
- Paragraph text
- The Special Rapporteur encouraged States to view irregular migration as an administrative offence, reversing the trend toward greater criminalization, and to incorporate the applicable human rights framework into their bilateral and regional arrangements for managing migration flows and protecting national security interests, as well as to harmonize their national laws and policies with international human rights norms. At the core of immigration policies should be the protection of migrants, regardless of their status or mode of entry. As such, the Special Rapporteur offered practical recommendations for the formation or reform of regional and bilateral cooperation mechanisms and agreements, as well as the enhancement of national training and analysis programmes and policy measures.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 23
- Paragraph text
- The Special Rapporteur had previously warned the international community of the increasing criminalization of irregular migration and the abuses of migrants during all phases of the migration process. Two years later, the Special Rapporteur observed with deep concern that the trend towards increasing criminalization continued. In addition, insufficient progress had been made in mainstreaming human rights into migration governance. Yet, migration can be an essential component of development and prosperity in countries of destination, transit and origin in all regions of the world, and migrant labour continues to be vital, and in demand, in most countries around the globe. The Special Rapporteur observed that disregard for human rights in migration management initiatives had detrimental consequences not only for the protection of undocumented or irregular migrants, but also for migrant populations as a whole and host societies at large.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 25
- Paragraph text
- Criminalizing irregular migrants for the offence of being in a country without adequate documentation made all migrants, regardless of immigration status, potentially vulnerable to racist or xenophobic acts. As a result, migrants were often subject to xenophobic outbreaks of abuse and violence. Migration management based on criminal law tended to disregard a human rights dimension of migration and to focus solely on measures to address irregular migration by strengthening border controls and criminalizing both the facilitators and the migrants themselves. The Special Rapporteur has shown in the course of his mandate that the use of criminal measures to manage migration undermined the human rights of migrants and curtailed their access to basic social rights, particularly health care, education and housing.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 27
- Paragraph text
- Children have always been part of migration and affected by it in different ways. Children left behind by migrant family members are affected by migration in countries of origin. Children on the move are affected at the pre-departure stage in countries of origin and in countries of transit and destination at the passage and arrival stages. Children in host countries are affected at the post-arrival and long-term stay and integration stages of the migration process. Children move across borders with their parents or are accompanied by extended family members or other adults and within mixed migratory flows. Children are also increasingly seeking migration opportunities to move across borders unaccompanied, falling prey to organized crime and exploitation including smuggling, trafficking and contemporary forms of slavery.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 28
- Paragraph text
- The term "children left behind" refers to children raised in their home countries or in their countries of habitual residence who have been left behind by adult migrants responsible for them. The impact of migration on children left behind was difficult to measure. Many factors played a role in assessing how migration may affect the rights of children left behind. The inclusion of measures to promote family unity and facilitate the reunion of children with their parents in host countries was also necessary to address adequately the special needs and protection of children left behind. Many parents and other family members initially migrated without children, but subsequently planned to bring them to a host country.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 30
- Paragraph text
- The protection of children in host countries was in most circumstances context-specific, and therefore depended on the particular situation of the child: whether the child's situation amounted to the protection afforded under refugee law; whether the child was a victim of transnational organized crime; whether the child migrated with his family and one or both parents were migrant workers; or whether the child migrated irregularly, unaccompanied or undocumented. The Special Rapporteur had identified two areas where States generally should enhance efforts to provide rights based responses to protect children in host countries. The first area related to the general protection of children affected by transnational organized crime. The second area related to the full enjoyment of human rights by children from a migrant background.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 31
- Paragraph text
- The Special Rapporteur highlighted that there is no accurate statistical information on the number of children involved in the international migration process. Like adult migration, child migration is influenced by the political, social, economic and environmental situation. This included new global phenomena such as climate change, the food crisis and the financial and economic crisis. Children who are unaccompanied or separated from their parents were particularly vulnerable to human rights violations and abuses at all stages of the migration process. The lack of distinction between adult and child migrants was therefore a major challenge that a number of States still had to overcome. National migration laws did not always include a child rights perspective and usually lack specific provisions on children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 36
- Paragraph text
- The Special Rapporteur was also concerned about a general lack of comprehensive policies and measures aimed at protecting and promoting the rights to health and adequate housing for migrants. The absence of such policies and measures gave rise to violations of States' obligations to take steps towards the full realization of these rights. For example, newly arrived migrants could face a variety of challenges in accessing health care or housing, given their limited command of the language of the host State and their lack of knowledge of the laws and systems in the host countries. The enjoyment of the rights to health and adequate housing by migrants was effectively hampered in the absence of necessary support, such as the provision of language training or free information on relevant laws and regulations. Connected to this concern was a lack of disaggregated indicators on the economic, social and cultural rights of all individuals, including migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 38
- Paragraph text
- Entitlements and access to health care for migrants and the level of such care varied enormously, depending on the State in focus as well as on immigration status. It ranged from migrants only being able to access emergency care to expansive health coverage for all, including migrants in irregular situations. At one end of the spectrum, regular migrants satisfying certain conditions had entitlements comparable to citizens of host States, although there were differences between long-term and short-term migrants with regard to entitlements and access. At the other end, non-nationals were not able to access life-saving medication, because facilities denied treatment on the basis of "being foreign" or not having a national identity document.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 40
- Paragraph text
- Regrettably, there were vast discrepancies between international human rights norms and their actual implementation in the field of health care for migrant children, whether these children are in regular or irregular situations, accompanied or unaccompanied. Inadequate care had long-lasting consequences on a child's development; for this reason, and in the light of the State duty to protect the most vulnerable, access to health care for migrant children should be an urgent priority. In general, the constraints on the rights of adult migrants immediately had an adverse impact on the rights of their children, and in the long term, inhibited the children's development.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 41
- Paragraph text
- In analysing the challenges faced by migrants in the enjoyment of the right to adequate housing, the Special Rapporteur noted that this right is not a right to mere shelter, but the right to live in a safe, peaceful and dignified environment, whether or not adequate housing is contingent on a number of elements, including the security of tenure, affordability, accessibility, location and availability of services, facilities and infrastructure. In the context of migrants, the attention of the Special Rapporteur had been drawn to challenges in accessibility and the security of tenure, owing to migrants' vulnerable status as non-nationals.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 42
- Paragraph text
- In practice, however, a variety of challenges remained to be tackled in fully realizing this element of the right to adequate housing. In the private housing market, discrimination often inhibited migrants' access to adequate housing. Discrimination in housing also resulted from poverty and economic marginalization. Migrants, who experienced marginalization in the labour market and often had difficulties in securing stable jobs with reasonable pay, were often relegated to a lower socio-economic status and subjected to differential treatment by housing providers. Migrants were subject to indirect discrimination in that certain criteria for accessing rental housing had a disproportionate impact on them. Given their limited access to housing through the private market, it is of concern that migrants often do not enjoy the safety net provided by social housing in many countries, especially where there was a shortage of social housing in general.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Poverty
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 43
- Paragraph text
- Challenges in accessing adequate housing were even greater for irregular migrants; it was extremely difficult for them to rent private property of good quality. The difficulties were amplified in countries where the irregular presence of migrants is a criminal offence, and there are obligations to "denounce" irregular migrants. In some countries, it was in fact a criminal offence to let accommodation to irregular migrants. The precarious housing situations were further exacerbated by the fact that irregular migrants were usually excluded by law from most public services, including social housing. Particular concern was expressed with respect to asylum-seekers who became irregular migrants and lost all social support and housing entitlements once their claims for asylum were rejected.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 45
- Paragraph text
- Women faced significant barriers in accessing adequate housing due to discrimination and migrant women were subject to multiple forms of discrimination, given their marginalized status in societies. Migrant children were also more likely than other children to live in overcrowded housing, which had a negative impact on their development. The concern was heightened with respect to irregular migrant children, whose right to adequate housing was dictated by the conditions of social exclusion that their families to which were subjected. The lack of access to adequate housing for irregular migrant parents meant that their children were deprived of housing as well.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Women
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 46
- Paragraph text
- The realization of the rights to health and adequate housing played a crucial role in the integration of migrants in host societies. Obstructing and limiting access to services, institutions and goods that gave effect to such fundamental rights represented not only violations of migrants' human rights, but also obstacles to migrants' inclusion and their active participation in the host States. In the view of the Special Rapporteur, such denial of human rights carried significant costs not only to migrants and their home countries, but also to host countries, including social disintegration and public health dangers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 51
- Paragraph text
- Finally, the Special Rapporteur would like to remind that, as previously mentioned, most environmental migration is likely to occur within and between developing countries where receiving capacities are likely to be very limited. Therefore, he deems it important to further study and discuss the phenomenon of migration and its link to environment and climate change so as to be able to pinpoint the challenges that lie ahead, how best to address them and how to ensure the human rights of these migrants in the wake of this amplifying phenomenon. It would also be useful to consider new data-collection systems and to build capacities to make better use of existing data sources in some of the least developed countries of the world which will be most affected by climate change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 52
- Paragraph text
- It may also be difficult for policy makers to manage migration flows in countries where governance structures are still very weak. In such countries, it is necessary to start new research in order to evaluate the current capacities for national governments to implement existing and/or new frameworks and policies. The actual policy discussions tend to focus on questions such as how best to provide emergency assistance to those who are displaced, how to reduce disaster risk and how to improve the legal and normative framework for the protection of the displaced. However, it is equally important to consider movements due to slow-onset events and frame the issue both in terms of displacement and more voluntary movement. Therefore, the Special Rapporteur deems it important that these issues be further developed in the future, by new research tools and by exploring the capacity of Governments and civil society at the national level to implement both protection policies and adaptation strategies, always taking into account the human rights of migrants in this specific context. As the High Commissioner for Human Rights mentioned in her report dedicated on the relationship between climate change and human rights, "the effects on human rights can be of a direct nature, such as the threat extreme weather events may pose to the right to life, but will often have an indirect and gradual effect on human rights, such as increasing stress on health systems and vulnerabilities related to climate change-induced migration. Particularly vulnerable are those living on the "front line" of climate change, in places where even small climatic changes can have catastrophic consequences for lives and livelihoods".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 54
- Paragraph text
- Policy makers have been slow to identify potential responses to environmentally induced migration. Recent literature on environmentally induced movements emphasizes that migration can have positive as well as negative consequences - a factor that affects how policies are formulated. The more positive impacts occur when migration is a voluntary coping strategy that allows people time to weigh alternatives and to use migration as a way of reducing household risk. Concerning the negative impacts, the Special Rapporteur emphasizes that they stem particularly from emergency mass movements that are generally related to intensified natural disasters and to competition for resources. These movements most closely resemble refugee movements and would often require large-scale humanitarian assistance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 55
- Paragraph text
- Experts have traditionally been categorized into two groups: the alarmists, who see the environment as a principal cause of population movements, emphasizing the forced nature of the migration process (and who use the term "environmental refugee"), and who project that hundreds of millions of persons will be affected, often without differentiating between those who will move short distances to safer ground and those who may move thousand of miles to new countries. The sceptics, by contrast, raise question about the models used to generate estimates of those who would be forced to migrate, emphasizing that pull factors in destination places are more important than push factors at home in determining whether, where and in what numbers people will migrate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 58
- Paragraph text
- Regarding destination-country policies, the Special Rapporteur notes that the relocation strategies identified in NAPAs assume that, in most cases, people will move internally in search of safer alternatives. Whether hampered by financial resources, distance, lack of networks in destination countries, or other factors, many would-be migrants do not have the ability to migrate internationally. However, the Special Rapporteur recalls that international migration will not be absent; many of the countries that will experience loss of livelihoods and habitats related to climate change, and many that will suffer from intensified natural disasters, are already countries of emigration with well established patterns of labour migration. The Special Rapporteur notes that the immigration policies of most destination countries are not conductive to receiving large numbers of environmental migrants, unless they enter through already existing admission categories. Typically, destination countries admit persons to fill job openings or to reunite with family members. Concerning humanitarian admissions, they are generally limited to refugees and asylum seekers - that is, those who fall within the definition in the Convention Relating to the Status of Refugees of 1951, its 1967 Protocol or relevant regional instruments, persons with a well-founded fear of persecution on the basis of race, religion, nationality, and membership in a particular social group or political opinion. Most environmental migrants would be unlikely to meet the legal definition of a refugee, as they will be forced to flee because of loss of livelihood or habitat and not because of persecutory policies. This could raise the issue whether a new category of forced migrants due to environmental or climatic factors would be envisaged and subject to protection.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 59
- Paragraph text
- Nevertheless, some countries have established special policies that permit individuals whose countries have experienced natural disasters or other severe upheavals to remain at least temporarily without fear of deportation. The United States of America, for example, enacted legislation in 1990 to provide temporary protected status to persons "who are temporarily unable to safely return to their home country because of ongoing armed conflict, an environmental disaster, or other extraordinary and temporary conditions". New Zealand has a particular category in its resettlement quota for persons displaced environmentally from Pacific island States, called the "Pacific Access Category". Other countries provide exceptions to removal on an ad hoc basis for persons whose countries of origin have experienced significant disruption because of natural disasters. After the 2004 tsunami, several States suspended deportations of nationals from countries affected. Although the Special Rapporteur sees these examples as positive developments, each on an ad hoc case, there are no concrete examples of legislation or policies that address migration of persons from gradual climate changes that may destroy habitats or livelihoods in the future. For the most part, movements resulting from slow-onset climate change and other environmental hazards that limit economic opportunities are treated in the same manner as other economically motivated migration. Persons moving outside of existing labour and family migration categories are considered to be irregular migrants. In the absence of a strong humanitarian ground, exempting them from removal proceedings, these migrants will be subject to the regular systems in place for mandatory return to their home countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 60
- Paragraph text
- Given the current gaps, the Special Rapporteur suggests that more attention be placed on identifying and discussing new frameworks for managing potential movements. Attention could be given to both aspects of the environment and migration nexus: (a) identifying adaptation strategies that enable people to remain where they currently live and work; (b) identifying resettlement strategies that protect people's lives and livelihoods when they are unable to remain; and (c) maintaining and reinforcing a human-rights based approach designed to protect the rights of migrants. Although most migration is likely to be internal, the potential scale of movements will necessitate coordinated action in support of the affected countries. International cooperation in mitigating harmful migration while planning for movements that will be an essential component of adaptation strategies will help ensure the protection of those who will be most affected by environmental change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 61
- Paragraph text
- The Special Rapporteur also recalls that there are still wide gaps in the information available to policy makers. These gaps exist in content (how and when environmental changes become a primary driver of migration), scale and methodology (studies and methods for interdisciplinary analysis), and frameworks for appropriate migration management strategies. Little research capital has been invested in broad-scale environment-migration studies. The lack of statistically relevant data at the national or regional levels shows constraints in the design of policies that could build resilience and promote adaptation among vulnerable communities. Investing in the development of both short and long-term research, data collection, and monitoring projects could help close these gaps. Promoting inter-agency and interdisciplinary data collection and data sharing could strengthen the capability of Governments to observe and analyze migration patterns. Allowing researchers better access to official data could also enhance study results.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 63
- Paragraph text
- Modern democratic States have traditionally regarded citizenship as fundamental in the distribution of important rights and benefits. However, many rights previously enjoyed only by nationals have been granted to all inhabitants, resulting in an increased involvement in terms of political participation and certain confusion in the different countries of destination of migrants. A short outlook of policies of integration of migrants and brief discussion of issues would underscore the need for more thorough and comprehensive discussion and review of the questions affecting the rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 64
- Paragraph text
- The growing importance of the study of political participation in the last 50 years reflects the crucial significance of citizens' involvement for democratic decision-making. As the scope of government activities and responsibilities has expanded in the last few decades, the domain of political participation has grown considerably. First, political participation refers to inhabitants in their role as citizens (and not, for instance, as politicians or civil servants). Second, the activities of citizens defined as political participation should be voluntary and not be ordered or obliged under law. Finally, political participation concerns government and politics in a broad sense of these words ("political system") and is neither restricted to specific phases (such as parliamentary decision making, or the "input" side of the political system), nor to specific levels or areas (such as national elections or contacts with officials).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 66
- Paragraph text
- The Special Rapporteur notes that many destination countries have in the past prohibited all political activities of non-citizens. A number of countries still have special constraints on the freedoms of expression, assembly, and association for noncitizens. Some States deny foreign nationals the right to be members of political parties. Therefore it is worth recalling that international human rights law permits restrictions only if they "are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals, or the protection of the rights and freedoms of others". Accordingly, the Special Rapporteur believes that policies denying migrants these freedoms merely because of their nationality are not sustainable.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 68
- Paragraph text
- With regards to communities of migrant origin, the Special Rapporteur recalls that these communities include citizens as well as non-citizen residents, whatever their legal status in the country might be (i.e. regular or not). The political integration of these persons of migrant origin depends not only on their individual rights, but also on opportunities and incentives for their participation in political life. Access to political rights through admission to citizenship or through extending the franchise to noncitizens would not alleviate the problematic if the new citizens have lower voting rates in elections and are strongly underrepresented in public offices, parliaments and political parties.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 70
- Paragraph text
- The Special Rapporteur deems it important that countries of destination consider immigration reform in their citizenship policies so that migrants who settle in do not remain shut out from its public political life. Such policies would combine access to the nationality of their host country in accordance with required length of residency, together with political rights and duties independent of nationality. Permitting and encouraging the political participation of long-term resident migrants would make the democratic process more representative. This would enhance its general legitimacy, improve the quality of decision making in matters that concern groups of migrant origin (such as education, remuneration, minimum age of employment, apprenticeship and training, membership of trade unions, accommodation, social security, access to health services, etc.), and would make these groups less vulnerable to xenophobia or racism in politics and in the wider society.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 71
- Paragraph text
- The Special Rapporteur recalls that the anomaly of foreign non-citizens living in democratic host countries without political rights has long been viewed as problematic. As previously discussed, naturalization rules and practices vary from State to State, and in some places immigrants have little chance of becoming citizens due to a variety of factors. As a result, countries of destination have had to devise policies and institutions to respond to the problems of increased ethnic diversity. The central issues are: defining who is a citizen, how newcomers can become citizens and what citizenship means. In principle the nation State only allows a single membership, but migrants and their descendants have a relationship to more than one State. They may be citizens of two States, or they may be a citizen of one State and live in another. Thus large-scale settlement inevitably leads to a debate on citizenship.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 72a
- Paragraph text
- [The first concern for migrants is not the exact content of citizenship, but how they can obtain it, in order to achieve a legal status formally equal to that of other citizens. Access to citizenship varies in different countries, depending on the prevailing concept of nationhood. The Special Rapporteur recalls different types of models which define citizenship:] The imperial model. In this model, the definition of belonging to the nation is defined as being a subject of the same power or ruler. This model allowed the integration of the various peoples of multi-ethnic empires (British, Austro-Hungarian, Ottoman, etc.), and remained formally in operation in the United Kingdom until the Nationality Act of 1981, which created a modern type of citizenship for the first time. The concept almost always has an ideological character, in that it helps to obscure the actual dominance of a particular ethnic group or nationality over the other subject peoples;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 72c
- Paragraph text
- [The first concern for migrants is not the exact content of citizenship, but how they can obtain it, in order to achieve a legal status formally equal to that of other citizens. Access to citizenship varies in different countries, depending on the prevailing concept of nationhood. The Special Rapporteur recalls different types of models which define citizenship:] The republican model. The definition of the nation is that of a political community, on the grounds of a constitution, laws and citizenship, with the possibility of admitting newcomers to the community. This approach dates back to the French and American revolutions. France is the most obvious current example.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 72d
- Paragraph text
- [The first concern for migrants is not the exact content of citizenship, but how they can obtain it, in order to achieve a legal status formally equal to that of other citizens. Access to citizenship varies in different countries, depending on the prevailing concept of nationhood. The Special Rapporteur recalls different types of models which define citizenship:] The multicultural model. Here the nation is also defined as a political community, based on a constitution, laws and citizenship that can admit newcomers. However, in this model newcomers can maintain their distinctive cultures and form ethnic communities, providing they conform to the basic national laws. This pluralist or multicultural approach became dominant in the 1970s and 1980s in Australia, Canada and Sweden, and was also influential in other West European countries. However, starting in the 1990s, there was a move away from multiculturalism as a policy in many countries which had adopted this model.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 73
- Paragraph text
- All those models have one factor in common: the premise that citizens belong to just one nation State. Migrant settlement is seen as a process of transferring primary loyalty from the State of origin to the new State of residence. This process is symbolically marked by naturalization and acquisition of citizenship of the new State. Nevertheless, these models can no longer apply to growing migration trends. Moreover, the distinction between citizens and non-citizens is becoming less clear-cut. Migrants who have been legally resident in a country for many years can often obtain a "hybrid" status, tantamount to "quasi-citizenship". This may confer such rights as secure residence status; right to work, seek employment and run a business; entitlement to social security benefits and health services; access to education and training; and limited political rights such as the right of association and assembly. Such arrangements create a new legal status, which is more than that of a foreigner, but less than that of a citizen.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 74
- Paragraph text
- It is in the European Union (EU), that this example of a new type of citizenship is gaining strength. Under the Maastricht Treaty which established the European Union in 1992, citizens of EU member States became eligible to vote or to be elected to office in European and municipal elections if they reside anywhere within the European space. The 1997 Amsterdam Treaty established citizenship in the EU, which embraced the following rights: freedom of movement and residence in the territory of member States; the right to vote and to stand for office in local elections and European Parliament elections in the State of residence; and the right to petition to the European Parliament and to appeal to an ombudsman. However, EU citizens living in another member State do not have the right to vote in elections for the national parliament of their State of residence. Persons dependent on social security and welfare do not have the right to settle in another member country; and access to public employment is still generally restricted to nationals. Europe is still divided between the States in the "Schengen zone" and the newly admitted EU States. So far, EU citizenship has done little for the majority of migrants who originate outside the union. Since 1992, there has been a growing movement in support of granting third-country nationals voting rights within member States of the EU and at the level of EU institutions. The European Parliament has, several times, voted in favour of extending European citizenship to all persons who have resided in a stable manner and for a long period within a member State. A 2001 European Parliament resolution called for the enfranchisement of all non-EU residents who had resided legally within an EU member State for three years. However, opposition within the European Council, which represents the interests of member States in the complex EU governance procedures, has thwarted such initiatives. As well, some EU member States hold that the granting of voting rights to third-country nationals would devalue the importance of naturalization.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 76
- Paragraph text
- Finally, the Special Rapporteur is of the opinion to strengthen the importance of improving international cooperation and governance. Unfortunately, the unwillingness of states to move forward in this area can be seen in the poor ratification record of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, adopted by the General Assembly on 18 December 1990. In fact, only 44 States out of 192 United Nations Member States had ratified it by end of 2010. These were virtually only countries of origin; destination countries have in general not been willing to support measures designed to protect migrants at the international level.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 78
- Paragraph text
- The Special Rapporteur would like to thank the Human Rights Council for the privilege and opportunity he has had to serve in this capacity. Unfortunately migrants are facing increasing intolerance and are becoming more vulnerable to potential racist or xenophobic outbreaks of violence, or they may fall prey to criminal traffickers and smugglers. Those with an irregular status are often afraid or unable to seek protection and relief from the concerned authorities and are often left without access to basic social rights, particularly health care, education and housing. However, migration can be an essential component of development and prosperity in countries of destination, transit and origin in all regions of the world, and migrant labour continues to be vital, and in demand, in most countries around the globe.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 79
- Paragraph text
- The Special Rapporteur has proposed a few possible themes to be further developed and highlighted the relevance of these issues to the mandate, taking into account a human rights perspective. These two issues, migration in the context of climate change and political participation and civil rights of migrants, are gaining interest and momentum. Further discussion on these themes would allow the mandate to present innovative approaches to these aspects involving migration and they underscore the need for a human rights perspective in global discussions among stakeholders.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 19
- Paragraph text
- Thus, global environmental variation as a result of climate change is now a certainty, and the impact of climate change on migration is becoming increasingly apparent. Walter Kälin, the former representative of the Secretary-General on the human rights of internally displaced persons, has identified five scenarios of climate-induced displacement, triggered respectively by (i) sudden-onset disasters; (ii) slow-onset environmental degradation; (iii) sinking small island States; (iv) high-risk zones designated by Governments; and (v) unrest that seriously disturbs the public order, violence, or armed conflict.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 21
- Paragraph text
- While the question of the impact of climate change on migration patterns and the displacement of persons has long been neglected, it has started to receive much needed attention from the international community.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 26
- Paragraph text
- Beyond the work of OHCHR, the United Nations system as a whole is also increasingly focusing on the intersection of climate change and environmental policy and migration. The Global Migration Group, a collective of 18 United Nations agencies, the World Bank and the International Organization for Migration (IOM), was created in 2006 in recognition that migration is a complex and multidimensional issue that requires a coherent and coordinated approach from the international community (see http://www.globalmigrationgroup.org). The United Nations Educational, Scientific and Cultural Organization (UNESCO) as the Chair of the Global Migration Group in the second half of 2011, focused its statement on the relationship between climate change and migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 33
- Paragraph text
- Further difficulties in defining the climate-change-induced migrant are compounded by the fact that climate change may induce a range of migration patterns. Climate change may induce temporary, circular and permanent migration movements, which may be multidirectional, or episodic. Persons affected may move internally or internationally, spontaneously or in an organized and planned manner, and may range on a wide continuum between forced and voluntary migrations. Future predictions remain problematic: while research may suggest some ways in which climate change may affect migratory patterns, it is difficult to predict future movements accurately if only because of the decisive role of individual human agency, as migration is always also an individual trajectory and never simply a mass displacement. Moreover, the success, or lack thereof, of future mitigation and adaptation strategies, including the development of new technologies which may or may not ameliorate the situation of those most affected by the effects of climate change, are impossible to know. Furthermore, it is impossible to forecast the impact of future extreme environmental events, including their regularity or force.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 36
- Paragraph text
- Within societies, specific groups may be more vulnerable to the effects of climate change than others. Economically disadvantaged communities can be especially vulnerable, in particular those concentrated in high-risk areas, as those societies may be highly dependent on the environment for their livelihood. Other determinants play a key role, including personal characteristics such as age, gender, wealth or disability. Moreover, the Special Rapporteur recognizes that in general, people migrating through a lack of choice as a consequence of climate change are more likely to be moving in an irregular situation and are therefore more vulnerable to human rights violations through the course of their migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 38
- Paragraph text
- The Special Rapporteur is also aware that vulnerability is not only determined by geographical, social or economic factors, but also may be the result of political circumstances. The commitment of States to developing appropriate policy responses, either in direct response to a natural disaster, or with regard to long-term planning to manage climate-change-induced migration may thus play a key role in the vulnerability of a particular community to the effects of climate change and their subsequent migration. The degree of a State's development also plays an important role regarding the ability of governments to cope with, mitigate and adapt to environmental change. However, even where appropriate strategies are put in place, the adequacy of highly visible adaptive responses cannot always be assumed. For example, investment in specific infrastructures may contribute to increasing numbers of people choosing to remain in vulnerable areas, where they may be at increased risk owing to unforeseeable consequences of future environmental change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 39
- Paragraph text
- Overall, the Special Rapporteur recognizes that in the case of many specific migration movements, it will not always be possible to clearly delineate between the vulnerability of an individual, group or community to climate change and the social, economic and political contexts in which such movements occur. Therefore, the Special Rapporteur reminds States that determining who will be affected by climate change and compelled to migrate cannot be ascertained in isolation. Attention must be paid to the full circumstances of individuals, groups and communities affected, including the political dimension. This must include an examination, based on a human rights approach, of why and how certain persons may be more vulnerable to climate change, as well as an examination of their effective access to different coping mechanisms through mitigation and adaptation strategies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 46
- Paragraph text
- Though it is hard to predict precisely the patterns of where climate-change-induced migrants will move, current research indicates that much climate related displacement is likely to take place within national borders and that those most acutely vulnerable will often not be in a position to migrate internationally. Moreover, to date, event driven displacements have tended to be short-lived, with many returning to the source location once the event has receded. However, those trends may or may not continue, as much will depend on the severity and nature of future climate related conditions. Furthermore, the Special Rapporteur is aware that there are some indications of increased movement of environmentally induced migrants across international borders.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 49
- Paragraph text
- In this context, the Special Rapporteur observes that where people have reduced options for migration, they may be more likely to become trapped in locations vulnerable to environmental hazards. For the international community, the Special Rapporteur emphasizes that this trapped population is likely to represent just as important a policy concern as those who do migrate. Planned and well-managed migration can be one important solution for this population of concern, with due respect paid, of course, to relevant human rights principles, such as safeguards in relation to avoiding forced evictions (see report of the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living: basic principles and guidelines on development-based evictions and displacement (A/HRC/4/18, annex 1)).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 52
- Paragraph text
- The Special Rapporteur observes that in the context of climate-change-induced international migration, early planning is essential. Without infringing on the freedoms of migrants, and in partnership with affected communities who may be most aware of their own vulnerabilities and needs, sustainable migratory strategies should be developed in advance by all States concerned through international cooperation and with the help of international organizations, civil society organizations and NGOs. This may mean developing mitigation and adaptation strategies, where appropriate. If an area will become uninhabitable prior to the necessity of resettlement, it may be advisable to encourage temporary, seasonal or permanent individual migration for some individuals to acquire new skills and new links in a possible place of destination, thus preparing for possible resettlement.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 53
- Paragraph text
- Finally, the rights of all migrants, including environmentally induced migrants, whatever their status, should be formally recognized, and a sustainable relationship between these individuals and the welcoming society should be defined and monitored by appropriate international and domestic institutions. For temporary migrant workers, this should include rights equivalent to those of local workers. As all environmentally induced migrants should be recognized as an integral part of the society of destination, public authorities, with the help of international organizations, civil society organizations and NGOs, should implement specific policies targeting their specific needs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 55
- Paragraph text
- Under the International Covenant on Civil and Political Rights, civil and political rights must first, as a rule, be recognized by a State to "all individuals within its territory and subject to its jurisdiction without distinction" (art. 2). The International Covenant on Economic, Social and Cultural Rights further guarantees social, economic and cultural rights for all without discrimination. In this context, these Covenants ensure the applicability of fundamental rights for migrants, including the right to life, among other basic rights, including the right to an adequate standard of living and health. In particular, the Special Rapporteur notes that the well-established principles of non-discrimination established in both treaties may require States to develop specific policies and programmes, taking into account the particular circumstances and needs of climate-change-induced migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 56
- Paragraph text
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families explicitly applies the rights elaborated in the International Bill of Rights to the specific situation of migrant workers and members of their families. Entering into force in 2003, the Convention has now been ratified by 45 States, and the Special Rapporteur urges its prompt ratification by all remaining States. Furthermore, several conventions negotiated under the auspices of the International Labour Organization contain important provisions reaffirming the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 57
- Paragraph text
- The Special Rapporteur notes further the obligation to provide humanitarian relief to persons affected by climate change. Such assistance should support environmentally induced migrants around the time of their displacement and may take different forms, either as an emergency response to a sudden disaster, or planned in advance to accompany steady movements of migrants or to assist resettlement. Humanitarian relief should aim at ensuring the most basic rights of environmentally induced migrants, be premised on human rights principles and pay due regard to the fundamental principles of non-discrimination, participation, empowerment and accountability.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 58
- Paragraph text
- In the context of internal displacement, the Guiding Principles on Internal Displacement also provide a strong legal framework and restate relevant hard law, such as the Operational Guidelines on the Protection of Persons in Situations of Natural Disasters and the Framework on Durable Solutions for Internally Displaced Persons. In this regard, the Special Rapporteur refers to the report of the Special Rapporteur on the human rights of internally displaced persons (A/66/285), which analysed in detail the applicability of those principles in relation to climate-change-induced internal displacement.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 59
- Paragraph text
- Beyond the general norms of international human rights law, the Special Rapporteur observes that some of the definitional complexities around climate-change-induced migration are telling of the limitations of the current paradigm in which migration is largely framed within the context of international law. Political discourse has traditionally juxtaposed categories of the voluntary economic migrant - who is generally understood to be willingly migrating for economic reasons in search of a better life and whose migration is generally governed by the traditional rules based on territorial sovereignty - and asylum seekers and refugees - who are persons forced to migrate, fleeing persecution and deserving of international protection, including specific guarantees considered as exceptions to the "normal" regime governed by territorial sovereignty.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 60
- Paragraph text
- It must be acknowledged that many climate-change-induced migrants will fall in-between such categories. Many will be willingly moving, in anticipation of impending climate-change-induced economic disaster, and many will move only when becoming victims of a disastrous environmental event. For others, the compulsion to move will relate to the need to ensure food security or adequate access to basic services, such as water and sanitation, perhaps combined with a desire to reunite with family members abroad. Of those who do, many will move towards other disaster-prone areas. Many more will probably have no migration capability and will remain in disaster-prone areas: States will have to acknowledge that forced migration may encompass a range of situations and may need to recalibrate their rules to provide protection, assistance and migration opportunities for such persons.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 61
- Paragraph text
- One category of climate-change-induced migrants may be easier to position within the framework of refugee law - those for whom the direct impact of climate change triggers persecution and conflict, for example, as a result of tensions over resources, which exacerbate discrimination and human rights violations. Indeed, the security dimension of climate change has attracted increasing international attention during past years, and there is developing research that environmental disturbances may increase flows of refugees fleeing persecution. Such circumstances may allow for the application of international refugee law, as set out by the 1951 Geneva Convention relating to the Status of Refugees and its 1967 Protocol.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 63
- Paragraph text
- The Special Rapporteur does not contend that this requires an automatic recalibration of the refugee category, although he does note that the regional instruments in Africa and in Latin America have enlarged the definition of refugees to individuals fleeing "events seriously disturbing public order" or other forms of "generalized violence" which may protect many climate-change-induced migrants. However, it seems clear that the above-noted normative frameworks, while generally applicable to environmentally induced migration, may not fulfil the specific needs of most environmentally induced migrants; they constitute only a partial response to the challenges of environmental migration. At present, beyond the rubric of international refugee law, there thus seems to be a gap in international law regarding protection of persons on the move for environmental reasons.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 64
- Paragraph text
- Under the current understanding of international migration management, the inapplicability of international refugee law to the majority of climate-change-induced migrants appears to leave only the residual category of "economic migrants". Yet, this classification does not reflect the complex chain of causality between environmental change, loss of economic opportunities and forced migration. For example, slow-onset environmental phenomena, such as desertification or diminishing natural resources, may create a stronger economic tension, and thereby have an impact on a range of economic, social and cultural rights, thus spurring the need for mobility. Other climate-change-induced factors can also pose severe threats to human rights, including threats to life and livelihood, such as famine and drought, which often seem misclassified as mere incentives to migration and not worthy of proper human rights protections in themselves.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 65
- Paragraph text
- Thus, the phenomenon of climate-change-induced migration may require rethinking of the human rights categories afforded to migrants and the development of eventual protection mechanisms for persons on the move. The Special Rapporteur remains aware, however, that it may not necessarily be ideal to single out those migrants who move for environmental reasons. Over and above the aforementioned difficulties of proving causality, there are many other categories of vulnerable migrants who also need protection. Rather, the Special Rapporteur encourages the development of coherent policies regarding the rights of all migrants, which takes into account the myriad circumstances which lead people to migrate, including the need for human rights protections, in particular for those who are "induced" or "forced" to migrate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 67
- Paragraph text
- To date, the international legal framework appears to be largely inadequate to address such a situation. The first article of the Montevideo Convention on the Rights and Duties of States requires that a State possess four elements: a permanent population; a defined territory; a government; and a capacity to enter into relations with other States. Yet, a legal issue that remains unresolved is the status of the State after the disappearance of one of the elements established by the Montevideo Convention. Furthermore, although international law provides that a State may become extinct under certain circumstances such as absorption, merger and voluntary or involuntary dissolution, the situation of a State abandoned by its population due to the effects of climate change is simply so new that no clear international legal framework appears to apply.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 68
- Paragraph text
- Of greater importance, perhaps, is the legal status of the population of a disappearing State. The Special Rapporteur notes that it remains unclear how international law would protect those affected persons. On the one hand, the international legal framework on statelessness is of little help, as the Convention does not automatically allow a stateless person to enter a third State. On the other hand, as noted above, the need to leave one's country as a result of environmental change would not be sufficient for ensuring that such persons are protected under the international refugee law regime. The Special Rapporteur notes that, in all likelihood, political agreements would probably be reached whereby resettlement would be negotiated for the affected population. However, such agreements are usually triggered by disasters when lives have already been lost and thus come late in the day. A framework of protection for such vulnerable persons should be provided by international law, and not only depend upon the political will - or lack thereof - of benevolent States.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 69
- Paragraph text
- In the light of the above analysis, the Special Rapporteur emphasizes that, as a complement to sustainable adaptation strategies, policies should facilitate some environmentally induced migration. Preventing or constraining such migration is not a risk-free option: it may in fact lead to accelerated impoverishment, increased displacement and irregular migration in many settings, particularly in low-lying coastal zones, drylands and mountain regions, making future migration crises more probable. As the foresight report observed: "the cost of inaction is likely to be higher than the costs of measures discussed in this report, especially if they reduce the likelihood of problematic displacement. Giving urgent policy attention to migration in the context of environmental change now will prevent a much worse and more costly situation in the future."18
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 70
- Paragraph text
- To respond appropriately to the situations of climate-change-induced migration, engagement is necessary at all levels of governance. Moreover, policy responses to the multiple impacts of climate change need to be developed simultaneously. Short-term response might be largely humanitarian, in the context of both sudden, climate-related disasters and that of slower impacts, such as food and water insecurity and access to other basic rights. However, such approaches need to be supplemented by medium- and long-term responses. Medium-term responses should focus on adaptation at the community and country levels, building resilience in populations at risk from environmental deterioration and the efficient use of technologies to better depend on the natural changing of the environment. Policy development and programming also need to be factored in. Long-term policies require international engagement in the limitation of greenhouse gas emissions in order to limit the pace of global warming.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 72
- Paragraph text
- The complex dimensions of environmental change and migration demand coordination from a broad spectrum of governmental actors, including but not limited to: adaptation funding; development cooperation; urban planning; rural affairs; conflict management; disaster planning; migration policies; and environmental policy. Action and coordination will also be required between different tiers of policymakers, from the local level to the national level. Importantly, these different levels of governance will need to act in coordination and cooperation if policy responses are to address the complexity of the issue effectively.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 74
- Paragraph text
- For countries concerned by internal climate-change-induced migration (and, within States, for local governments), States must ensure that climate-change-induced migrants are not discriminated against; their rights should be guaranteed like those of all other citizens. States should not infringe on the human rights of climate-change-induced migrants by preventing them from moving within the State or by restricting their choice of residence (International Covenant on Civil and Political Rights, art. 12 (1)). States concerned by internal climate-change-induced migration also have the obligation to take specific actions to ensure that individuals within their jurisdiction enjoy the benefit of their rights. It is a well-settled principle under human rights law that equality does not only mean that analogous situations should receive the same treatment, but also that dissimilar situations should receive, if necessary, differentiated treatments. Climate-change-induced migrants are more vulnerable because of a lack of social structure, possible linguistic disadvantage, and health fragility due to the displacement. The specific needs of climate-change-induced migrants should be recognized and dealt with through specific programmes. Furthermore, States must take specific measures to allow arriving climate-change-induced migrants to best adapt to the community of destination. This includes in particular urban planning: whenever a city is bound to a quick and massive growth of its population, infrastructures should accordingly be developed to ensure that all individuals (newcomers and previous inhabitants) maintain a dignified life (see report of the Special Rapporteur on the human rights of internally displaced persons (A/66/285)).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 75
- Paragraph text
- For States of origin of international climate-change-induced migration, it is important to recall that States cannot prevent their population from moving to another State (International Covenant on Civil and Political Rights, art. 12 (2)). Furthermore, in no case should a State prevent a national from returning to their country (International Covenant on Civil and Political Rights, art. 12 (4)). At the same time, there is the obligation on these States to provide necessary education and training for future migrants to be able to adapt to a new society. In particular, States of origin may engage in bilateral policies of circular migration, allowing individuals to get training abroad and thus facilitating the migratory process. Yet, States of origin should at no time force individuals to leave their country, but should strive to allow in situ adaptation as long as possible. They should protect individuals who decide not to move. The Special Rapporteur notes, however, that circular migration policies must be designed to respect human rights and be responsive also to the needs of climate-change-induced migrants, and not only to labour market imperatives, which can in fact operate to exacerbate migrants' vulnerability and increase irregular migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 76
- Paragraph text
- States of destination of international climate-change-induced migration have the obligation not to discriminate but to engage in specific policies to ensure the real equality of climate-change-induced migrants with other individuals within their jurisdiction.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 77
- Paragraph text
- Regional cooperation on climate-change-induced migration will be essential. With the support and assistance of international organizations and international financial institutions, and as part of a coherent and negotiated regional sustainable adaptation strategy, bilateral and multilateral agreements should facilitate specific regional climate-change-induced migration movements, in order to relieve the pressure on the States of origin and provide for orderly movements into States of destination. Such agreements should provide for the guarantee of the dignity and human rights of migrants, as provided for in international law, and include the active participation of local civil society organizations and international NGOs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 79
- Paragraph text
- The Special Rapporteur further observes that, beyond those States affected by climate-change-induced migration, whether States of origin, transit or destination, all States have the international responsibility to protect the human rights of foreign populations whose State is unable to do so. Respecting the basic human rights of climate-change-induced migrants should be considered as a basic tenet of international cooperation, defined by the purposes of the United Nations in Article 1 (3) of the Charter. In this regard, the existing human rights legal framework provides important protections to migrants, including through the monitoring and standard-setting functions of human rights mechanisms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 80
- Paragraph text
- Beyond an overall responsibility of international cooperation, some other principles of international law may provide stronger impetus for all countries to protect migrants. In this regard, international environmental law provides some further guidance that can be drawn upon in the climate-migration context. In 1941, the Trail Smelter arbitral award established that, "under the principles of international law, [...] no State has the right to use or permit the use of its territory in such a manner as to cause injury by fumes in or to the territory of another or the properties or persons therein, when the case is of serious consequence and the injury is established by clear and convincing evidence". The "no harm" principle has since become a foundation of international environmental law.,, The strict criteria laid down by the court establish that the no harm principle can be invoked if the "case is of serious consequence" for the affected State and if "the injury is established by clear and convincing evidence". Strong and convincing arguments have further highlighted the causal chain between historical emissions of greenhouse gas, mostly in countries of the global North, global environmental change, and the consequences mostly affecting countries of the global South. Individuals and communities are also turning to domestic courts to seek the responsibility of polluters, reflecting a strong social demand that polluters pay for the damages they cause. Following this line of reasoning, countries of the global North and other States with economic means could be encouraged to contribute, financially and technically, to the implementation of bilateral and multilateral agreements facilitating specific regional climate-change-induced migration movements as part of coherent and negotiated regional sustainable adaptation strategies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 81
- Paragraph text
- The notion of a common, but differentiated, responsibility may also be an important framework through which the causal link between anthropogenic climate change and the resultant human displacement can be approached (see United Nations Framework Convention on Climate Change, arts. 3 (1) and 4). As a distributive principle, it may help encourage international cooperation in terms of guaranteeing the human rights of displaced individuals, at least when the State jurisdictionally competent is not able to afford a sufficient level of protection. At the same time, as a dissuasive principle, it may push States to adopt more responsible conduct in order to mitigate climate change. This principle has already led to considerable international funding for adaptation, although adaptation has almost exclusively been conceived as in situ adaptation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 84
- Paragraph text
- Of course, debate continues regarding whether international protection for climate-change-induced migrants should take the form of a new multilateral agreement. The Special Rapporteur remains aware that the adoption and implementation of a universal treaty by a sufficient number of States may face great diplomatic hurdles, to say the least. In the absence of such a framework however, the Special Rapporteur believes that the above principles should assist States in developing specific local, national and regional responses, in the context of the human rights framework, and with the support of the international community. The Special Rapporteur believes that, in the absence of a specific legal framework, and given the multiple concurrent actors that would have an interest in the migration/ climate change nexus, specific and innovative regional cooperation agreements will constitute stepping stones for the international community to agree on a coordinated universal plan for action.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 87
- Paragraph text
- The Special Rapporteur notes that a striking feature of the contemporary debate on climate-change-induced migration is the absence of a voice from the climate-change-induced migrants themselves. In part, this comes from the lack of self-awareness: climate-change-induced migrants rarely consider themselves as such (and many of them have simply never heard about the notion). In part, this also comes from the general reluctance of migrants (especially if they are irregular or vulnerable migrants) to voice their concerns or to denounce the human rights violations that they suffer. It is highly desirable that States actively support the development and sustainability of organizations representing migrants and giving them a voice, including providing training and capacity-building at the local level. Only through such representation can the processes designed to elaborate policy options aimed at coping with climate-change-induced migration be inclusive and participatory, in that they involve affected populations as directly and as early as possible.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 88
- Paragraph text
- While, in the climate change context, migration is generally considered as a failure of adaptation, it is often forgotten that migration may in fact be an important adaptation strategy. In this context, the Special Rapporteur wishes to emphasize that migration should be considered both a challenge and a solution to climate-change-induced displacement. Indeed, migration has been a traditional coping mechanism, widely used by populations around the world since time immemorial to adapt to changing environments. If properly managed, migration can therefore also be a solution to cope with climate change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 89
- Paragraph text
- Examples abound in which migration has provided benefits to both countries of origin and countries of destination. Appropriate programmes of permanent or circular migration may enhance a community's resilience through diminishing pressure on local environmental resources and fostering development through remittances. This has traditionally been the case of agricultural workers. One has witnessed "reverse migration" movements, where the migrants of the previous generation return to the country of origin in order to create businesses, or training centres, in their field of acquired expertise. Despite potential contrarian effects, remittances may play another important role in the economy of many countries of origin: valued at more than three times the total amount of official development aid ($351 million in 2011), they can assist households to survive in the country of origin during difficult times, thus limiting migratory pressure by allowing economic opportunities to be created at home. Therefore, some degree of planned and proactive migration of individuals or groups may ultimately allow households and populations to remain in situ for longer.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 91
- Paragraph text
- The Special Rapporteur recognizes that while no place will be protected from the impacts of climate change, already fragile environments are most vulnerable, including in particular, megadeltas, small island developing States, low-lying coastal zones, arid areas, polar regions, and places affected by sudden and extreme natural disasters. Particular groups living in these high-risk areas may thus be more affected than others, as will societies that are highly dependent on the environment for their subsistence needs. However, vulnerabilities may be exacerbated by political and social factors, with specific groups such as women, children, minority groups and indigenous peoples, often particularly vulnerable to the effects of climate change.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Social & Cultural Rights
- Person(s) affected
- Children
- Ethnic minorities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 93a
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] States should work together to reduce climate change by cooperating to reduce global warming by committing to reduce greenhouse gases, including through identifying clear targets through commitments within the United Nations Framework Convention on Climate Change;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 93b
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] Considering the difficulty of obtaining reliable data on climate-change-induced migration, States, and especially States with economic means, should provide more support for research on climate-change-induced migration, including on the definition of such migration, and the production of reliable disaggregated statistical data, that would allow policymakers at all levels of governance to identify the populations most at risk of climate-change-induced displacement and develop strategies to alleviate their vulnerability;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 93c
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] In their assessment and planning programmes for devising mitigation and adaptation strategies in order to cope with climate change, States must identify the priority vulnerable populations who are susceptible to migrate internally or internationally for causes at least partly related to climate change, as well as those who should migrate but are not able to do so, and identify their specific needs;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 93d
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] States should support civil society organizations that give a voice to such vulnerable populations, including migrants or potential migrants, with a view to ensuring their meaningful participation in all the deliberations regarding their future as citizens and/or migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 93e
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] States should devise and implement local and national migration policies and strategies to facilitate internal climate-change-induced migration, where needed, including through building urban infrastructure that is sustainable, flexible and inclusive in order to accommodate internal migrants. Such policies and strategies should fully respect their domestic laws and obligations under international human rights norms and standards, including the political participation of vulnerable populations, as well as means of redress available to migrants against human rights violations;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Climate change and migration 2012, para. 93g
- Paragraph text
- [The Special Rapporteur thus notes that coordinated international cooperation on climate-change-induced migration will be required in order to devise appropriate responses to the needs of affected populations. With a view to assisting States in the development of appropriate responses, the Special Rapporteur makes the following recommendations:] Regional intergovernmental organizations, international organizations and international financial institutions should support, facilitate and, where necessary, initiate, the negotiation of such agreements, through political leadership, financial assistance and technical support.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 60
- Paragraph text
- Periodic reporting to State officials, in person or by phone, can be used as an alternative measure to detention. The frequency of such reporting can vary from daily to weekly or less frequently. Reporting requirements should not be excessively difficult to comply with or restrictive of liberty or privacy, and should take into account the particular circumstances of the individual, such as their family situation, residential situation, employment situation and financial means. A requirement to report frequently in person may amount to a limitation on an individual's right to freedom of movement. A requirement to report daily or to travel excessive distances for reporting purposes could interfere with work or other obligations, and therefore not be proportionate to the objectives.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 61
- Paragraph text
- Case management/supervised release is a strategy for supporting and managing individuals while their status is being resolved, with a focus on informed decision-making, timely and fair status resolution and improved coping mechanisms and well-being on the part of individuals. Case managers establish personal rapports with migrants and may answer legal questions, explore opportunities for legal stay, provide access to a lawyer if requested, provide up-to-date information on the status of the immigration case, help solve logistical issues, etc. Case management generally comprises three types of alternatives: supervision by community organizations and NGOs; a joint programme between the Government and NGOs; or Government-administered alternatives. Case management may be done in conjunction with other measures, such as reporting requirements or bail. Migrants should be able to report to a competent authority, without fear of reprisal, any discriminatory, arbitrary or otherwise abusive conduct by State or non-State actors in the course of providing supervision of their release.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 62
- Paragraph text
- Designated residence usually entails either housing persons in communal houses and apartments, or directing them to live in a certain region or district within the country. Prior approval may be needed to change address or move out of the administrative region. This measure is sometimes used to share the "burden" of receiving immigrants between different regions of a given country. Sometimes a designated residence may be in an isolated area, and it is important to ensure that the location of the designated residence allows the persons involved to access health-care services, education and legal assistance, and employment opportunities where appropriate. Furthermore, the use of designated residence may undermine the freedom of movement of the migrants concerned and should therefore be used with caution.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 63
- Paragraph text
- Electronic monitoring usually involves an ankle or wrist bracelet keeping track of a person's movements. This measure can be particularly intrusive, and may violate the right to freedom of movement provided by article 12 of the International Covenant on Civil and Political Rights. Furthermore, the stigmatizing and negative psychological effects of the electronic monitoring are likely to be disproportionate to the benefits of such monitoring. It should therefore only be used after a careful assessment of the extent to which the specific measure will restrict the human rights of the individual, as well as its proportionality and necessity to fulfil a legitimate objective. Another problem with electronic monitoring is that it is difficult, if not impossible, for migrants without a permanent residence to benefit from this alternative to detention. If those who cannot comply with electronic monitoring requirements end up being detained, this measure could be discriminatory. If electronic monitoring is linked to other restrictions, such as a requirement to remain at home for most of the day, such restrictions might amount to house arrest, which could be seen as equivalent to detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 64
- Paragraph text
- Home curfew/house arrest is a particularly intrusive measure and may amount to an alternative form of detention rather than an alternative to detention. House arrest should therefore only be applied in exceptional cases. House arrest may make it difficult, if not impossible, for the migrant to work and thus maintain an adequate standard of living, unless he or she receives State support. In its deliberation No. 1, the Working Group on Arbitrary Detention stated that house arrest may be compared to deprivation of liberty provided that it is carried out in closed premises which the person is not allowed to leave.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 65
- Paragraph text
- Voluntary return programmes may be used as a mechanism to support and facilitate the departure of individuals who have no grounds to remain in the country and who have no protection or humanitarian concerns. Voluntary return programmes can be a solution for migrants who wish to return home but lack the means to do so. It can be a humane alternative to detention and deportation and, in certain circumstances, can allow a prepared, dignified and sustainable return and reintegration. However, care must be taken to ensure that the decision to return is fully voluntary and a result of a genuine, informed choice, particularly if the migrant is in a situation of closed detention when offered the option of an assisted voluntary return programme and that preparations have been made to ensure that his or her return is sustainable for the long term.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 66
- Paragraph text
- In order to ensure the success of alternatives to detention, all persons subject to non-custodial measures should receive clear and concise information about their rights and duties in relation to the measures in place, and on the consequences of non-compliance. They should also be treated with dignity, humanity and respect for their human rights throughout the relevant immigration procedure. Migrants subject to non-custodial measures should have access to legal advice, including on regularisation procedures and how to explore regular migration channels. The issuing of identification documents for those who do not have any is also a necessary feature of alternatives to detention, in order to avoid (re-)detention and facilitate the ability to find accommodation and work and to access health care, education and other services. Migrants who are subject to non-custodial measures also have a right, in accordance with the Covenant on Economic, Social and Cultural Rights, to an adequate standard of living (food and water, clothing, housing) (art. 11) and to the enjoyment of the highest attainable standard of physical and mental health (art. 12). Migrants who are not permitted to work should receive the required State support to ensure an adequate standard of living for themselves and their families, and States should consider allowing migrants access to the labour market. Releasing persons from detention to face destitution is not an appropriate response. Policies that restrict access to housing, basic welfare or health care amongst irregular migrants have not been associated with increased rates of independent departure or deterrence outcomes, and should be avoided.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 67
- Paragraph text
- Several countries already have a presumption against detention in their national laws, which may serve as good examples. States may also seek guidance from NGOs that have undertaken extensive research on alternatives to detention. For instance, the International Detention Coalition has introduced the Community Assessment and Placement model, which consists of five steps to prevent and reduce the likelihood of unnecessary detention. These steps are: (1) presume detention is not necessary; (2) screen and assess the individual case; (3) assess the community setting; (4) apply conditions in the community if necessary; (5) detain only as a last resort in exceptional cases.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 6
- Paragraph text
- The fact that a person is irregularly in the territory of a State does not imply that he or she is not protected by international human rights standards. In its general comment No. 31 (2004) on the nature of the general legal obligation imposed on States parties to the Covenant, the Human Rights Committee stated that "the enjoyment of Covenant rights is not limited to citizens of States Parties but must also be available to all individuals, regardless of nationality or statelessness, such as asylum seekers, refugees, migrant workers and other persons, who may find themselves in the territory or subject to the jurisdiction of the State Party."
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 8
- Paragraph text
- The Special Rapporteur has noted that States use a wide range of reasons to justify the detention of migrants and some States see irregular migration as a national security problem or a criminal issue, and neglect the human rights issues at stake. Different categories of migrants may be subjected to detention, including migrants who are undocumented or in an irregular situation, asylum-seekers awaiting the outcome of their asylum application and failed asylum-seekers awaiting removal. The Special Rapporteur would like to emphasize that there is no empirical evidence that detention deters irregular migration or discourages persons from seeking asylum. Despite increasingly tough detention policies being introduced over the past 20 years in countries around the world, the number of irregular arrivals has not decreased. This may be due, inter alia, to the fact that migrants possibly see detention as an inevitable part of their journey.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 11
- Paragraph text
- The International Covenant on Civil and Political Rights does not contain an exhaustive list of accepted grounds for detention, meaning that an assessment must be made on a case-by-case basis. The Human Rights Committee held in communication No. 560/1993, paragraph 9.2, that "the notion of 'arbitrariness' must not be equated with 'against the law', but be interpreted more broadly to include such elements as inappropriateness and injustice. Furthermore, remand in custody could be considered arbitrary if it is not necessary in all the circumstances of the case, for example to prevent flight or interference with evidence: the element of proportionality becomes relevant in this context".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 12
- Paragraph text
- Unlike the Covenant, the European Convention on Human Rights provides an exhaustive list of the situations in which detention may be permitted. Article 5, paragraph 1 (f), states that detention of migrants is only permitted in two specific situations: "the lawful arrest or detention of a person to prevent his effecting an unauthorised entry into the country or of a person against whom action is being taken with a view to deportation or extradition". In the case Vasileva v. Denmark, the European Court of Human Rights noted that the list of exceptions to the right to liberty secured in article 5, paragraph 1, "is an exhaustive one and only a narrow interpretation of those exceptions is consistent with the aim of that provision, namely to ensure that no one is arbitrarily deprived of his liberty".
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 13
- Paragraph text
- The Special Rapporteur notes with concern that irregular entry and stay is considered a criminal offence in some countries. He wishes to stress that irregular entry or stay should never be considered criminal offences: they are not per se crimes against persons, property or national security. It is important to emphasize that irregular migrants are not criminals per se and should not be treated as such. The Working Group on Arbitrary Detention has held that "criminalizing illegal entry into a country exceeds the legitimate interest of States to control and regulate irregular immigration and leads to unnecessary detention" (A/HRC/7/4, para. 53).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 15
- Paragraph text
- Migrants who are detained find themselves in an especially vulnerable situation, as they may not speak the language and therefore understand why they are detained, or be aware of ways to challenge the legality of their detention. The Special Rapporteur has been made aware that migrants in detention are frequently denied key procedural safeguards, such as prompt access to a lawyer, interpretation/translation services, necessary medical care, means of contacting family or consular representatives and ways of challenging detention. The Special Rapporteur is also aware that, even if all procedures have been properly followed, detention may still be deemed arbitrary when there has been an element of bad faith on the part of the authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 16
- Paragraph text
- Article 9, paragraph 2, of the International Covenant on Civil and Political Rights provides that anyone who is arrested shall be informed, at the time of arrest, of the reasons for his/her arrest. Article 16, paragraph 5, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides the same right specifically for migrant workers and members of their families. The Working Group on Arbitrary Detention stated in its deliberation No. 5 on the situation regarding immigrants and asylum-seekers that a notification of the detention must be given in writing, in a language understood by the asylum-seeker or immigrant, stating the grounds for the detention, and set out the conditions to apply for a remedy to a judicial authority.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 17
- Paragraph text
- According to the Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment, all persons under any form of detention or imprisonment shall be informed at the time of arrest in a language they understand of their rights and how to avail themselves of those rights. The Body of Principles furthermore provides that all detained persons have the right to assistance, free of charge if necessary, of an interpreter and a legal counsel and a prompt medical examination. They also have the right to communicate with the outside world, in particular with family and counsel.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- All
- Families
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 18
- Paragraph text
- Article 9, paragraph 4, of the International Covenant on Civil and Political Rights provides that anyone who is deprived of his/her liberty by arrest or detention shall be entitled to take proceedings before a court, in order that the court may decide without delay on the lawfulness of his/her detention and order his/her release if the detention is not lawful. The Human Rights Committee in its general comment No. 8 stated that this provision is applicable to all deprivations of liberty, including immigration control. Article 16, paragraph 8, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides the same guarantees for migrant workers and members of their families who are deprived of their liberty, and also provides the right to have the assistance, if necessary without cost to them, of an interpreter, if they cannot understand or speak the language used. Such guarantees are important in first instance, but also at the appeal level.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 20
- Paragraph text
- Migrants who have been detained have the right to communicate with the authorities of their home country, through consular or diplomatic authorities. Article 16, paragraph 7, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides that when a migrant worker or a member of his or her family is detained, the consular or diplomatic authorities of his or her State of origin or of a State representing the interests of that State shall, if he or she so requests, be informed without delay of his or her arrest or detention and of the reasons therefor; and the person concerned shall have the right to communicate with the said authorities. Article 36, paragraph 1 (b), of the Vienna Convention on Consular Relations states that, if requested, the competent authorities of the receiving State shall, without delay, inform the consular post of the sending State if, within its consular district, a national of that State is detained. However, migrants who are detained need to be made aware of their right to communicate with consular or diplomatic authorities, in order to use it. The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment provides that when a foreigner is detained, he or she shall be promptly informed of his right to communicate by appropriate means with a consular post or the diplomatic mission of the State of which he is a national or otherwise entitled to receive such communication. The Special Rapporteur would however like to stress that consular authorities should only be contacted if this is requested by the detained migrant. In particular, asylum-seekers should not be brought to the attention of their consular authorities without their knowledge and consent.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 21
- Paragraph text
- The Special Rapporteur has received information indicating that long-term administrative detention of migrants, sometimes over a year, is frequent. He wishes to emphasize that the duration of administrative detention of a migrant should be as short as possible, and the decision to keep the person detained must be reviewed periodically. The Human Rights Committee has stated in communication No. 560/1993 that "every decision to keep a person in detention should be open to review periodically so that the grounds justifying the detention can be assessed. In any event, detention should not continue beyond the period for which the State can provide appropriate justification. For example, the fact of illegal entry may indicate a need for investigation and there may be other factors particular to the individuals, such as the likelihood of absconding and lack of cooperation, which may justify detention for a period. Without such factors, detention may be considered arbitrary, even if entry was illegal."
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 22
- Paragraph text
- The Special Rapporteur would like to stress that under no circumstances should administrative detention of migrants be indefinite. The Working Group on Arbitrary Detention stated in its deliberation No. 5 that a maximum period of detention should be set by law, and the custody may in no case be unlimited or of excessive length. The Working Group considers as arbitrary deprivation of liberty "when asylum seekers, immigrants or refugees are subjected to prolonged administrative custody without possibility of administrative or judicial review or remedy" (A/HRC/16/47, annex, para. 8 (d)). The Working Group has also stated that upon expiry of the maximum period of detention established by law, the detainee must be automatically released (A/HRC/13/30, para. 61).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 25
- Paragraph text
- Information gathered by the Special Rapporteur indicates that migrants are sometimes detained in unacceptable substandard conditions in overcrowded facilities with poor hygiene, limited or no sanitation and infrequent meals. The Special Rapporteur has also been made aware that mental and physical health of migrant detainees is often neglected. Doctors and nurses are not always available and may not have the authority to properly treat their patients, inter alia when they need hospitalization. Furthermore, reproductive health care for women, especially pregnant women, is not available in all places of detention.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 27
- Paragraph text
- According to article 10, paragraph 1, of the International Covenant on Civil and Political Rights, all persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person. In its general comment No. 21 (1992) on humane treatment of persons deprived of their liberty, the Human Rights Committee stated that this right applies to anyone deprived of liberty under the laws and authority of the State in prisons, hospitals - particularly psychiatric hospitals - detention camps or correctional institutions or elsewhere. It further states that treating all persons deprived of their liberty with humanity and with respect for their dignity is a fundamental and universally applicable rule and, consequently, the application of this rule cannot be dependent on the material resources available in the State.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 31
- Paragraph text
- Detention of migrants on the ground of their irregular status should under no circumstance be of a punitive nature. As migrants in administrative detention have not been charged with or convicted of a crime, they should not be subject to prison-like conditions and environments, such as prison uniforms, highly restricted movement, lack of outdoor recreation and lack of contact visitation. However, the Special Rapporteur has received information indicating that detention conditions in migrant detention centres are often prison-like and, in some countries, the conditions may be worse in migrant detention centres than in prisons. Some migrant detention centres only allow monitored visits, and have dividing screens in the visitation areas, preventing physical contact with visiting family and friends. Detained migrants do not always have access to telephones, which can make communication with their lawyers difficult. The Special Rapporteur has also been made aware of the absence of interpreters in some detention centres, which makes communication with the migrant detainees difficult and subjects them to misinformation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 32
- Paragraph text
- In order to monitor the conditions of detention of migrants, the Special Rapporteur believes that independent visits are crucial. OHCHR, UNHCR, the International Committee of the Red Cross (ICRC), national human rights institutions and non-governmental organizations (NGOs) should be allowed access to all places of detention. In addition to allowing for such visits, the ratification by States of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, allowing for visits by the Subcommittee on Prevention of Torture and the establishment of a national preventive mechanism, is of utmost importance to ensure proper monitoring of places where migrants are detained. The Special Rapporteur has been made aware of several instances of desperate violence in migration detention centres, such as suicide attempts, self-mutilation, hunger strikes, rioting and arson: such instances could probably be considerably reduced if effective, frequent and independent monitoring of the detention facilities was implemented, including secure and accessible mechanisms for receiving complaints by migrant detainees.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 34
- Paragraph text
- However, information received by the Special Rapporteur indicates that migrants are detained in a wide range of places, including prisons, police stations, dedicated immigration detention centres, unofficial migration detention centres, military bases, private security company compounds, disused warehouses, airports, ships, etc. These detention facilities are placed under the responsibility of many different public authorities, at local, regional or national level, which makes it difficult to ensure the consistent enforcement of standards of detention. Migrants may also be moved quite quickly from one detention facility to another, which also makes monitoring difficult. Moreover, migrants are often detained in facilities which are located far from urban centres, making access difficult for family, interpreters, lawyers and NGOs, which in turn limits the right of the migrant to effective communication.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 35
- Paragraph text
- Privately run migrant detention centres pose particular difficulties in terms of monitoring. They may also pose particular concern if the contracts for managing detention centres are awarded to the company that offers the lowest cost, without giving sufficient attention to the obligation to treat those detained with humanity and with respect for their dignity. The Guiding Principles on Business and Human Rights (A/HRC/17/31, annex) provide that States do not relinquish their international human rights law obligations when they privatize the delivery of services that may impact upon the enjoyment of human rights and the Human Rights Committee has stated in its communication No. 1020/2001 that "the contracting out to the private commercial sector of core State activities which involve the use of force and the detention of persons does not absolve a State party of its obligations under the Covenant" (para. 7.2).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 36
- Paragraph text
- Women migrants who are detained are vulnerable to sexual violence, which may be committed by male detainees or guards. They should therefore be separated from men and be guarded by female warders. Pregnant women who are detained have particular needs. Article 12, paragraph 2, of the Convention on the Elimination of All Forms of Discrimination against Women and the Committee's general recommendation No. 26 (2008) on women migrant workers require States parties to ensure to women appropriate services in connection with pregnancy, confinement and the post-natal period. The UNHCR Revised Guidelines on Applicable Criteria and Standards relating to the Detention of Asylum-Seekers (hereinafter, the UNHCR guidelines) affirm that as a general rule, the detention of pregnant women in their final months and nursing mothers should be avoided.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 37
- Paragraph text
- The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), which supplement the Standard Minimum Rules for the Treatment of Prisoners, provide that account shall be taken of the distinctive needs of women prisoners. Inter alia, the accommodation of women prisoners shall have the facilities and materials required to meet women's specific hygiene needs; the health screening of women prisoners shall determine, inter alia, mental health-care needs, including post-traumatic stress disorder and risk of suicide and self-harm; the reproductive health history of the woman, including current or recent pregnancies, childbirth and any related reproductive health issues; and sexual abuse and other forms of violence that may have been suffered prior to admission. The Bangkok Rules furthermore provide for gender-specific health care, individualized, gender-sensitive, trauma-informed and comprehensive mental health care and rehabilitation programmes for women with mental health-care needs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Person(s) affected
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 43
- Paragraph text
- Detention can be particularly damaging to vulnerable categories of migrants, including victims of torture, unaccompanied older persons, persons with a mental or physical disability, and persons living with HIV/AIDS. The UNHCR guidelines provide that, given the very negative effects of detention on the psychological well-being of those detained, active consideration of possible alternatives should precede any order to detain asylum-seekers belonging to vulnerable categories. The Special Rapporteur is of the opinion that the same principle should apply to vulnerable migrants. In the event that individuals falling within these categories are detained, it is advisable that this should only be on the certification of a qualified medical practitioner that detention will not adversely affect their health and well-being. In addition, there must be regular follow up and support by skilled personnel. They must also have access to adequate health services, medication and counselling.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 44
- Paragraph text
- Victims of torture are already psychologically vulnerable due to the trauma they have experienced and detention of victims of torture may in itself amount to inhuman and degrading treatment.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Violence
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 46
- Paragraph text
- Research shows that immigration detention has widespread and seriously damaging effects on the mental (and sometimes physical) health of detainees. For those with pre-existing mental illness, serious consideration must be given to alternatives to detention or other arrangements that meet their treatment needs, ensuring their protection from cruel, inhuman or degrading treatment or punishment, and the right to humane conditions of detention. Furthermore, mental health issues may sometimes be caused, at least partly, by detention. In communication No. 900/1999, the Human Rights Committee held that the continued detention of a migrant when the State was aware of his mental condition and failed to take the steps necessary to ameliorate his mental deterioration constituted a violation of his rights under article 7 of the Covenant (the prohibition of torture and cruel, inhuman or degrading treatment or punishment) (para. 8.4). It further considered that "deportation of the author to a country where it is unlikely that he would receive the treatment necessary for the illness caused, in whole or in part, because of the State party's violation of the author's rights would amount to a violation of article 7 of the Covenant" (para. 8.5).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 47
- Paragraph text
- Stateless persons do not benefit from the consular or diplomatic protection of a State, often do not possess identity documents and do not have a country to which to be returned. Stateless persons are especially vulnerable to prolonged detention. Being stateless and therefore not having a country to which automatic claim might be made for the issue of a travel document should not lead to indefinite detention, and statelessness cannot be a bar to release. The UNHCR guidelines affirm that stateless persons are entitled to benefit from the same standards of treatment as those in detention generally.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 48
- Paragraph text
- The Special Rapporteur would like to remind Governments that, in 2009, the General Assembly in its resolution 63/184 called upon all States "to respect the human rights and the inherent dignity of migrants and to put an end to arbitrary arrest and detention and, where necessary, to review detention periods in order to avoid excessive detention of irregular migrants, and to adopt, where applicable, alternative measures to detention". There are many reasons why detention of migrants should be avoided and alternatives be sought. Immigration detention remains far less regulated and monitored than criminal detention, leaving migrants at risk of, inter alia, prolonged detention, inadequate conditions and mistreatment. Migrants in detention often do not benefit from their right to legal review and due process, sometimes due to the lack of access to legal counsel or interpretation services. Detention systematically deteriorates the physical and mental condition of nearly everyone who experiences it. Symptoms related to depression, anxiety and post-traumatic stress disorder are common. Prolonged detention deepens the severity of these symptoms, which are already noticeable in the first weeks of detention. Research has found that over 90 per cent compliance or cooperation rates can be achieved when persons are released to proper supervision and assistance. The alternatives have also proved to be considerably less expensive than detention, not only in direct costs but also when it comes to longer-term costs associated with detention, such as the impact on health services, integration problems and other social challenges.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 50
- Paragraph text
- The right to liberty and security of person, as set out above, obliges States to consider in the first instance less intrusive alternatives to detention of migrants. The Human Rights Committee held in communication No. 900/1999 that States have to demonstrate that "in the light of the author's particular circumstances, there were not less invasive means of achieving the same ends, that is to say, compliance with the State party's immigration policies, by, for example, the imposition of reporting obligations, sureties or other conditions which would take account of the author's deteriorating condition" (para. 8.2). The Working Group on Arbitrary Detention, in order to determine whether or not custody is arbitrary, considers inter alia the possibility for the alien to benefit from alternatives to administrative custody (E/CN.4/1999/63, para. 69, guarantee 13). The Working Group has recommended that "alternative and non-custodial measures, such as reporting requirements, should always be considered before resorting to detention" (E/CN.4/1999/63/Add.3, para. 33).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 51
- Paragraph text
- At the regional level, in the case Vélez Loor v. Panama, the Inter-American Court stated that "those migratory policies whose central focus is the mandatory detention of irregular migrants, without ordering the competent authorities to verify in each particular case and by means of an individualized evaluation, the possibility of using less restrictive measures of achieving the same ends, are arbitrary". Furthermore, the Council of Europe Twenty Guidelines on Forced Return provide that States may only resort to detention if "after a careful examination of the necessity of deprivation of liberty in each individual case, the authorities of the host state have concluded that compliance with the removal order cannot be ensured as effectively by resorting to non-custodial measures such as supervision systems, the requirement to report regularly to the authorities, bail or other guarantee systems". The European Union Returns Directive provides that a third-country national who is the subject of return procedures may not be held in detention if other sufficient but less coercive measures can be applied effectively in a specific case.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 52
- Paragraph text
- The Special Rapporteur would like to stress that alternatives to detention should not become alternatives to unconditional release. Persons who are eligible for release without conditions should not be diverted into alternatives.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 54
- Paragraph text
- Non-custodial measures must conform to relevant principles of international law, including the principles of non-discrimination, necessity and proportionality and should not prevent individuals from exercising their other human rights, including the right to health and education. Alternatives to detention which impose restrictions on the liberty of movement need to be in compliance with article 12 of the International Covenant on Civil and Political Rights, which provides for the right to liberty of movement for everyone lawfully within the territory of a State. The term "lawfully within the territory" has been held to apply to persons who are allowed to remain in a country because the host State is unable to carry out an expulsion or deportation order (Human Rights Committee, communication No. 456/1991). Article 12, paragraph 3, of the Covenant provides that any restrictions on the right to liberty of movement must be provided by law, and be necessary to protect national security, public order, public health or morals or the rights and freedoms of others.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- All
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 72a
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that procedural safeguards and guarantees established by international human rights law and national law are applied to any form of detention. In particular, grounds for detention of migrants must be established by law. A decision to detain should only be taken under clear legal authority, and all migrants deprived of their liberty should be informed in a language they understand, if possible in writing, of the reasons for the detention and be entitled to bring proceedings before a court, so that the court can decide on the lawfulness of the detention. Migrants in detention shall be assisted, free of charge, by legal counsel and by an interpreter during administrative proceedings;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 72c
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that the law sets a limit on the maximum length of detention pending deportation and that under no circumstance is detention indefinite. There should be automatic, regular and judicial review of detention in each individual case. Administrative detention should end when a deportation order cannot be executed;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 72d
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that migrants under administrative detention are placed in a public establishment specifically intended for that purpose or, when this is not possible, in premises other than those intended for persons imprisoned under criminal law. The use of privately run detention centres should be avoided. Representatives of, inter alia, national human rights institutions, OHCHR, UNHCR, ICRC and NGOs should be allowed access to all places of detention. All migrant detention facilities - whatever their form - should be subject to a common set of standards, policies and practices and should be monitored by an independent central authority that is dedicated to ensuring compliance with the common set of standards, policies and practices;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 72e
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that the Body of Principles for the Protection of All Persons under Any Form of Detention and Imprisonment are applied to all migrants under administrative detention. The principles include the provision of a proper medical examination as promptly as possible and medical treatment and care whenever necessary and free of charge; the right to assistance, free of charge if necessary, of an interpreter and a legal counsel; the right to communicate with the outside world, in particular family and counsel; the right to obtain, within the limits of available public resources, educational, cultural and informational material;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 72i
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Ensuring that legislation prevents trafficked persons from being prosecuted, detained or punished for illegal entry or residence in the country or for the activities they are involved in as a consequence of their situation as trafficked persons. In this respect, the Special Rapporteur invites States that have not yet done so to consider ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 72j
- Paragraph text
- [The Special Rapporteur calls on States to consider progressively abolishing the administrative detention of migrants. In the meantime, Governments should take measures to ensure respect for the human rights of migrants in the context of detention, including by:] Taking into due consideration the particular vulnerabilities of specific groups of migrants including victims of torture, unaccompanied older migrants, migrants with a mental or physical disability and migrants living with HIV/AIDS. Detention of migrants belonging to vulnerable categories and in need of special assistance should be only allowed as a measure of last resort, and they should be provided with adequate medical and psychological assistance;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Detention of migrants in an irregular situation 2012, para. 73
- Paragraph text
- The Special Rapporteur would like to remind Governments that alternatives to detention should not become alternatives to unconditional release, whenever such release is a possibility. Governments should put in place safeguards to ensure that those eligible for release without conditions are not diverted into alternative measures. Alternatives to detention should have a human rights-based approach, be established by law, be non-discriminatory and be subject to judicial review and independent monitoring and evaluation. In designing alternatives to detention, Governments should pay attention to the specific situation of particular groups of migrants, such as children, pregnant women and persons with disabilities, and use the least intrusive measure possible.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 8
- Paragraph text
- Migration is a complex phenomenon which affects most, if not all, States in the world and is closely linked to other global issues, such as development, health, environment and trade. States have created international frameworks for such other global issues, recognizing the advantages of regulation at the international level, but despite the existence of legal frameworks on migration issues, a comprehensive framework for migration governance is still lacking. Certain aspects of migration are more frequently discussed at the bilateral and multilateral levels, such as the connections between migration and development. However, given that migration is in essence a fundamentally human phenomenon, the Special Rapporteur notes the need for an international migration governance regime strongly focused on human rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 12
- Paragraph text
- In 1990, the General Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Following its entry into force in 2003, a Committee to monitor its implementation by States was established.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 13
- Paragraph text
- In 1994, the International Conference on Population and Development, held in Cairo, included a chapter on international migration in its Programme of Action.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 14
- Paragraph text
- In 1999, the Commission on Human Rights created the mandate of the Special Rapporteur on the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 17
- Paragraph text
- In response to the Doyle report, the Global Commission on International Migration was created in 2003 by a group of States as an independent commission to make recommendations on how to strengthen the national, regional and global governance of migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 18
- Paragraph text
- In 2004, the International Labour Conference, in the adoption of a plan of action for migrant workers, achieved consensus among its tripartite constituents (labour ministries and employers' and workers' organizations) on a rights-based approach to labour migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 19
- Paragraph text
- The report of the Global Commission on International Migration, finalized in 2005, recommended the establishment of an inter-agency global migration facility within the United Nations system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 20
- Paragraph text
- In 2006, the Secretary-General established the Global Migration Group with a view to increasing system-wide coherence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 22
- Paragraph text
- Following the High-level Dialogue, the opposition by States to the establishment of a forum within the United Nations to discuss migration led to the creation of the Global Forum on Migration and Development outside the United Nations framework.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 23
- Paragraph text
- In December 2008, the General Assembly decided to follow up the High-level Dialogue held in 2006 by convening a second one in 2013.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 27
- Paragraph text
- Migration is a multifaceted phenomenon, and the legal regime dealing with its different aspects has developed at different stages. This sectoral approach is partly due to States' past reluctance towards discussing all aspects of migration in a comprehensive way. Despite this reality, the Special Rapporteur believes that the international legal framework, which incorporates international human rights law, the refugee regime, international labour standards and transnational criminal law (smuggling of migrants and trafficking in persons), is a solid framework for policymaking on migration. However, the inadequate implementation of these standards at the national level remains a major problem.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 28
- Paragraph text
- All migrants, without discrimination, are protected by international human rights law. There are very few and narrowly defined exceptions to this, namely the right to vote and be elected and the right to enter and stay in a country. Even for those exceptions, procedural safeguards must be respected, as well as obligations related to non-refoulement, best interests of the child and family unity. All other rights extend to all migrants, whatever their administrative status. Any distinction must be proportionate, reasonable and serve a legitimate objective: the two human rights covenants (International Covenant on Civil and Political Rights and International Covenant on Economic, Social and Cultural Rights) explicitly refer to "national origin" as a prohibited ground of discrimination in the enjoyment of civil, political, economic, social and cultural rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 31
- Paragraph text
- The 1954 Convention relating to the Status of Stateless Persons aims to regulate and improve the legal status of stateless persons. The 1961 Convention on the Reduction of Statelessness deals with the means of avoiding statelessness.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- All
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 32
- Paragraph text
- All international labour standards of the International Labour Organization (ILO) apply to migrant workers unless otherwise stated. They include the eight ILO fundamental rights conventions; the specific instruments concerned with the protection of migrant workers and the governance of labour migration, namely the Convention concerning Migration for Employment (Revised 1949) (Convention No. 97) and the Convention concerning Migrations in Abusive Conditions and the Promotion of Equality of Opportunity and Treatment of Migrant Workers (Convention No. 143) of 1975, as well as other instruments that contain specific provisions on migrant workers, such as the Convention concerning Private Employment Agencies (Convention No. 181) of 1997 and the Domestic Workers Convention (Convention No. 189) of 2011.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 33
- Paragraph text
- In addition, the non-binding Multilateral Framework on Labour Migration, adopted in 2005, provides guidance, inter alia, on the human rights of all migrant workers, regardless of their status, and on the regulation of recruitment agencies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 36
- Paragraph text
- There is no migration organization within the United Nations, and no coherent institutional framework governing migration exists.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 38
- Paragraph text
- The International Organization for Migration (IOM) promotes itself and is sometimes referred to as the global lead agency on migration. However, as yet, IOM does not have a comprehensive mandate on migration issues, and especially not a legal protection mandate enshrined in its Constitution, or a clear policy on protection. Its mandate focuses primarily on providing services to States, including in relation to the return of migrants. Different United Nations agencies and entities, such as OHCHR, ILO, the United Nations Children's Fund (UNICEF), the Office of the United Nations High Commissioner for Refugees (UNHCR), the United Nations Educational, Scientific and Cultural Organization (UNESCO) and the Department of Economic and Social Affairs of the Secretariat have mandates and expertise on a wide range of migration-related issues complementary to those of IOM.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 40
- Paragraph text
- The Third Committee holds interactive dialogues with the Special Rapporteur, who presents annual thematic reports, and adopts annual resolutions on the protection of migrants. Likewise, the Second Committee adopts resolutions on migration and development.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 42
- Paragraph text
- The Special Rapporteur looks forward to the High-level Dialogue and hopes for an outcome document that will contribute to better protection of the human rights of migrants. Furthermore, he encourages the General Assembly to hold regular high-level dialogues.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 43
- Paragraph text
- The Human Rights Council adopts resolutions on the human rights of migrants annually and holds interactive dialogues with the Special Rapporteur, who presents annual thematic reports and country visit reports to the Human Rights Council.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 45
- Paragraph text
- The Human Rights Council should also consider holding an annual panel discussion on the human rights of migrants, with a different thematic focus each year.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 46
- Paragraph text
- The Secretary-General created the Global Migration Group in 2006, building on the Geneva Migration Group, as a way to provide a space for inter-agency dialogue and improve the coordination of migration-related work at the United Nations. Membership of the Group currently comprises 15 United Nations entities and agencies: ILO, OHCHR, the United Nations Conference on Trade and Development, the United Nations Development Programme, UNESCO, the United Nations Population Fund, UNHCR, UNICEF, the United Nations Institute for Training and Research, the United Nations Office on Drugs and Crime (UNODC), the Department of Economic and Social Affairs, the regional commissions, the United Nations Entity for Gender Equality and the Empowerment of Women, the World Health Organization and the World Bank, as well as IOM.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 47
- Paragraph text
- The members of the Global Migration Group have partly overlapping mandates, and this has led to a somewhat fragmented institutional picture. While welcoming its important work, the Special Rapporteur notes the need for a clearer vision, leadership and policy coherence on the part of the Group, which has full respect for human rights as its core. In 2010, on the occasion of the meeting of the Global Forum on Migration and Development held in Mexico, the Group issued a landmark statement on the human rights of irregular migrants. The Special Rapporteur urges all member agencies of the Group to implement the approach set out in the statement.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 49
- Paragraph text
- At the High-level Dialogue on International Migration and Development held in 2006, the Secretary-General proposed the creation of a global forum as a venue for discussing issues related to international migration and development in a systematic and comprehensive way (see A/61/515). Subsequently, the Global Forum on Migration and Development was created by States outside the United Nations framework. The Global Forum has met annually since 2007 and is seen as the most visible and high-profile forum for multilateral dialogue on migration. It is linked to the Secretary-General through his Special Representative on International Migration and Development. The interaction of United Nations agencies and entities with the Global Forum has been more sporadic, and the extent of their involvement has been largely dependent on the willingness of the Chair-in-Office to allow their participation. The Special Rapporteur notes that the involvement of some Global Migration Group agencies has been encouraged more than others, and the Global Forum has tended to seek assistance from IOM. Furthermore, he observes the importance of including a stronger focus on human rights and a human rights framework within the mandate of the Special Representative of the Secretary-General.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 50
- Paragraph text
- The Global Forum on Migration and Development has tended to focus more on the economic development dimensions of migration, rather than on the rights dimension. While issues related to human rights, including the protection of migrants, are sometimes discussed, the human rights of migrants are unfortunately rarely the focus and have not always even been present in the discussions. Meetings of the Global Forum are attended largely by either ministry of interior officials or diplomats rather than by human rights or labour ministry officials. Norm-based discussions have too frequently been dismissed as divisive, allowing for the creation of a discussion space that can at times ignore the fact that States have voluntarily assumed human rights obligations. The Special Rapporteur insists on the fact that migrants should always be seen first and foremost as human beings with human rights, rather than agents for development through, inter alia, remittances.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 53
- Paragraph text
- At its meeting in 2010, participating States agreed to conduct an assessment of the Global Forum. As noted in the consolidated assessment paper on the strategic and political analysis phase of the assessment (phase 2), the Global Forum does not monitor whether or how Governments follow up on its outcomes. It has a lack of institutional memory, as the Chair alternates annually, between developed and developing countries, and despite the existence of a small support unit, it does not have a permanent secretariat. The assessment paper suggested the creation of a multi-year agenda and noted the need for appropriate and efficient supporting structures.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 54
- Paragraph text
- The consolidated assessment paper acknowledged that interaction with civil society stakeholders had greatly enriched the Global Forum process and recommended that interaction with civil society be improved. During each Global Forum meeting, "civil society days" precede the official government programme. Civil society organizations are excluded from most of the Global Forum meetings, except the "common space", which has been organized during the first morning of the meetings since 2010. Civil society organizations working on different issues relating to migration and development, such as remittances and the role of diasporas, participate in the civil society programme. However, human rights non-governmental organizations, unfortunately, are often not involved. The Special Rapporteur thus urges civil society organizations to have a more explicit human rights framing to their advocacy and activities at the Global Forum.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 56
- Paragraph text
- While stating that consultations with international organizations, including those that are part of the Global Migration Group, have greatly benefited the Global Forum process, in particular through the provision of thematic expertise, the consolidated assessment paper concluded that the Global Migration Group, other international organizations and regional entities should not interfere with Global Forum structures and processes. Furthermore, it stated that interventions by international organizations should be limited and the agenda should be set by States and not international organizations or experts. The Special Rapporteur acknowledges that as the Global Forum is a States-led forum, it is appropriate that the agenda be set by States. However, by excluding the Global Migration Group and other organizations from the Global Forum processes, valuable expertise in terms of human rights and normative frameworks, which could greatly benefit the discussions at the Global Forum, is thus not taken into account.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 59
- Paragraph text
- As set out in its strategy document, the primary goal of IOM is to facilitate the orderly and humane management of international migration. IOM provides services as requested by States, inter alia, in relation to the assisted voluntary return of migrants. Assisted voluntary return programmes have been criticized for not being genuinely voluntary, particularly when offered to migrants kept in detention centres. The Special Rapporteur stresses the importance of ensuring that they are undertaken with full respect for the human rights of migrants. Furthermore, IOM involvement in the construction and operation of detention centres for migrants is of great concern to the Special Rapporteur, who has already made his views clear on the utility of migration detention (see A/HRC/20/24).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 60
- Paragraph text
- IOM is also involved in other aspects of migration, such as programmes on migrants' health and anti-trafficking, and it has developed migrants' rights training programmes for stakeholders. As IOM is project-based and its work donor-driven, its agenda is largely decided by its member States. The Special Rapporteur has met with IOM staff, both at headquarters and in the field, who take the human rights of migrants very seriously and do good and important work in that regard. However, the mandate and funding of IOM pose structural problems with regard to fully adopting a human rights framework for its work: both would need to be revised if the organization is to become a key player in the promotion and protection of the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 67
- Paragraph text
- Despite the high level of integration, the individual European Union member States continue to have the jurisdiction to decide on the number of migrants they wish to admit to their territory. The European Union thus provides an interesting example of how States' sovereignty can be maintained while at the same time engaging in significant joint governance processes in the field of migration. While there are serious issues that require improvement in the European Union, including in relation to border management and the human rights of migrants in an irregular situation, European Union initiatives have led to some important advances, particularly for regular migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 69
- Paragraph text
- Unlike the European Union, which adopts binding legislation and decisions with which its member States need to comply and whose implementation is monitored by the Court of Justice of the European Union, regional consultative processes provide forums for discreet informal and non-binding dialogue and information exchange on migration-related issues. Regional consultative processes bring together representatives of States, often with some international organizations as observers. They address a wide range of issues, such as migration and development, labour migration, the social integration of migrants, smuggling and trafficking, migration and health, and trade and migration, offering States a cooperation process that excludes creating new norms or formal commitments.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 70
- Paragraph text
- The first regional consultative process, the Intergovernmental Consultations on Asylum, Refugee and Migration Policies in Europe, North America and Australia, was organized in 1985 and involved 17 countries. Other major regional consultative processes include the Budapest Process; the Puebla Process; the South American Conference on Migration; the Mediterranean Transit Migration Dialogue; the Bali Process; the Colombo Process; the Abu Dhabi Dialogue; the Western Mediterranean Forum; the Migration Dialogue for West Africa; the Migration Dialogue for Southern Africa; the Intergovernmental Asia-Pacific Consultations on Refugees, Displaced Persons and Migrants; and the Intergovernmental Authority on Development Regional Consultative Process on Migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 72
- Paragraph text
- The main purpose of the regional consultative processes is the coordination of migration, presenting a forum for States to share information, not regulation. They thus take place behind closed doors, with little involvement on the part of civil society. Governments exchange what they consider best practices, including the technological advances that they have been able to make and the processes that they have adopted, and develop forms of cooperation. Often this will include a transfer in technology or training of personnel. Regional consultative processes may sometimes contribute to elaborating bilateral, regional or trans-regional agreements. However, given the informal nature of these mechanisms, there is no detailed record of the proceedings, and accountability is therefore difficult to track. Regional consultative processes generally do not focus on human rights, although human rights are on the agenda of some of them, including the Puebla Process and the South American Conference on Migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 76
- Paragraph text
- There are significant overlaps between several regional consultative processes, and this has been deemed unsustainable from a political, financial and human resources perspective. The overlaps create a risk of duplication and contradiction, thus requiring enhanced coordination between the different processes. The majority of them are not linked to each other, and they have different agendas. Consequently, making them come together as a whole seems unlikely. There have, however, been some efforts at coordination between the principal regional consultative processes, including global meetings of their Chairs and secretariats organized in collaboration with IOM.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 77
- Paragraph text
- Bilateral migration governance is increasing and, in particular, has been playing an increasingly important role in the regulation of recruitment and employment of migrant workers between sending and receiving States, and regarding the return of irregularly staying migrants. Bilateral agreements cover such areas as visas, readmission, knowledge-sharing, labour migration, border management and rescue at sea. They are often entered into between neighbouring States but also between States from different regions. An example is the European Union's mobility partnerships, which comprise joint declarations, often with simultaneously negotiated visa facilitation and readmission agreements. As noted in the 2013 report of the Special Rapporteur to the Human Rights Council, readmission agreements - covering both nationals of the country of return and third-country nationals having used the country of return as a transit State - are sometimes used as a bargaining tool, are signed in exchange for visa facilitation or liberalization for nationals of the country of return, and often do not ensure respect for the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 80
- Paragraph text
- Migration policies are formulated mainly at the national level, despite migration being by definition transnational. Good governance at the national level is thus a basis for more effective cooperation at the regional and global levels. This can be achieved by establishing a coherent approach at the national level, addressing all stages of the migration process, coordinated across government and developed in widespread consultation with the private sector, civil society and migrants themselves. Ministries responsible for, inter alia, health, education, employment, children and social policies should be fully involved in the elaboration of migration policies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 82
- Paragraph text
- While an efficient, well-trained and human rights- and gender-sensitive immigration enforcement corps is an important component of State authority, "firewalls" between public services (health care, education, housing, labour inspection, local police) and immigration enforcement (whereby the former would be instructed not to request immigration status information unless essential and the latter would not have access to the information collected by the former relating to immigration status) should be implemented in order to allow migrants to access rights without fear of being arrested, detained or deported. The concept of a "firewall" is not only in line with a human rights framework but also in the interest of States, from the point of view of, inter alia, public health and fighting crime.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 85
- Paragraph text
- At the same time that bilateral and regional processes may contribute to global migration governance, global governance may also improve regional and bilateral processes if States agree on global standards and practices and bring those to the regional or bilateral level.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 87
- Paragraph text
- The reasons behind the lack of a comprehensive institutional framework for global migration governance are complex. Sending and receiving States often do not have a common understanding of the issues at stake despite the fact that, if governed well, they would all benefit from migration. Destination States often argue the need to limit immigration due to economic interests, even though there are labour needs in their countries that remain unmet and often unrecognized. In addition, perceived security interests often trump States' human rights considerations despite the fact that the overwhelming majority of migrants, including those crossing borders irregularly, pose no security threat. The Special Rapporteur believes that some of the underlying reasons for States not wanting to engage more in global migration governance are due to political pressure at the national level and the populist anti immigrant discourse which is increasingly present in countries all over the world.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 88
- Paragraph text
- Migration benefits not only States of origin, for example in terms of remittances and the transfer of social and cultural knowledge, but also States of destination, which often have labour shortages and rely on migrant workers, both high- and low-skilled, as well as in terms of cultural diversity and knowledge exchanges, among others. If States were to agree to cooperate more on migration governance, they would be able to maximize and better redistribute these benefits. Such cooperation would not preclude States from determining the number of labour migrants, as already noted in relation to the European Union's system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 89
- Paragraph text
- Migration is one of the main manifestations of globalization, which cannot be managed unilaterally by national migration policies. International cooperation is necessary to achieve national policy goals. There is no doubt that all States will benefit from a strengthened framework on global migration governance. No State can, on its own, or even jointly with a few other States through bilateral or regional cooperation, discuss migration in a comprehensive way. The Special Rapporteur observes that States' reluctance to strengthened migration governance seems to be based on the misconception that this will limit their sovereignty.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 90
- Paragraph text
- States have the power to determine who enters and stays in their territory. More governance does not mean giving up this sovereignty. On the contrary, States would have more control if there was more migration governance. More governance simply means improving the coordination and cooperation between States, leading to better-governed migration that would better respect the human rights dimension, thus further protecting States from allegations of human rights abuses against migrants. As the scope and complexities of migration continue to grow, the alternative to more robust global migration governance is a highly unregulated system with a range of uncoordinated actors, including from the private sector. More migration governance would also assist States in combating the exploitation of migrants by, inter alia, traffickers, smugglers, recruitment agencies and unscrupulous employers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 91
- Paragraph text
- The Special Rapporteur is of the view that sovereignty will be more limited by insufficient global migration governance, which will in fact facilitate the role of other actors, such as exploitative migrant smugglers and employers. Currently, migrants themselves, often with the help of migrant smugglers, are crossing borders regardless of State policies. They migrate irregularly owing to a lack of legal migration channels and largely in response to unrecognized needs in the labour market, as migrants are often willing to do the "dirty, difficult and dangerous" jobs that nationals will not at the exploitative wages that unscrupulous employers will offer. If States were to recognize their labour needs, including for low-skilled work, and open up more regular migration channels, this would lead to fewer irregular border crossings, less smuggling of migrants, less loss of life at borders, less labour exploitation and fewer migrants' rights violations. States would still have the sovereignty to decide on the number of migrants they wish to admit. Global migration governance should thus be seen as reclaiming sovereignty, not ceding it.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 93
- Paragraph text
- The Special Rapporteur is concerned that migration dialogues often take place outside the United Nations and international human rights frameworks, with a focus on the economic developmental and political aspects of migration, without properly integrating human rights concerns. He is also concerned at the lack of accountability of the Global Forum on Migration Development and regional consultative processes due to the absence of detailed records of proceedings. While noting that the Global Forum and regional consultative processes may be useful forums for informal discussions between States, this is not sufficient to lead to any significant changes or improvements relating to global migration governance. He thus remains convinced that a strengthened institutional framework is needed in addition to these informal forums. The number of international migrants is increasing, and a growing number of vulnerable migrants are abused and exploited both in transit and destination countries. Furthermore, globalization is likely to increase the scale of international migration, which is already quite substantial with an estimate of more than 232 million international migrants in the world.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 94
- Paragraph text
- Greater involvement on the part of the United Nations in the global debate on migration seems difficult to achieve as long as the Global Forum on Migration and Development remains the leading international forum to discuss migration as an informal, non-binding, voluntary and government-led process focused on migration and development without giving proper attention to the human rights of migrants. Consequently, there is a need to bring the migration dialogue inside the United Nations framework. The United Nations plays an important role as a forum for international collaboration, with human rights as one of its pillars: it is capable of embracing the extreme complexity of migration movements in all their dimensions. Creating a new, United Nations-based institutional framework would not preclude regional or bilateral agreements, processes or organizations outside the United Nations from also dealing with migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 98
- Paragraph text
- Migrants often cannot access their rights in practice. In particular, irregular migrants are often afraid to demand access to their rights or to report abuses, as they fear detection, arrest, detention and deportation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 101
- Paragraph text
- Different models have been proposed for future global migration governance. The Global Commission on International Migration took the view that a fundamental overhaul of the institutional architecture relating to international migration will be required in the longer term, both to bring together the disparate migration-related functions of existing United Nations and other agencies within a single organization, and to respond to the new and complex realities of international migration. The Special Rapporteur has evaluated the options mentioned by the Global Commission, including creating a new agency, possibly by merging IOM and UNHCR; designating a lead agency, such as UNHCR or ILO; and bringing IOM into the United Nations system. He has also considered other measures to strengthen the current institutional framework.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 102
- Paragraph text
- Proposals have been made to establish a new United Nations organization with a specific mandate on international migration. Owing to the significant resources which would be required, this is not very likely to be accepted by States in the near future.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 106
- Paragraph text
- There is currently no lead agency on migration, either inside or outside the United Nations system. As long as the mandate of UNHCR does not cover all migrants, designating it as the lead agency for migration would not be advisable.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 108
- Paragraph text
- OHCHR has a robust mandate in relation to the human rights of migrants. However, the Office currently has limited human and financial resources to carry out this mandate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 109
- Paragraph text
- The Global Commission on International Migration noted in its report that it would seem logical for IOM to become part of the United Nations system in order to maintain coherence and consistency within the multilateral system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 111
- Paragraph text
- Bringing IOM inside the United Nations could also lead to a more positive role taken by IOM, including holding the organization accountable for any human rights violations in which it may be involved in relation to, inter alia, the detention and return of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 112
- Paragraph text
- However, in order to include IOM in the United Nations, its mandate would need to be considerably revised, with a solid basis in the international human rights framework, and its entire staff, including in all field presences, would need to be properly trained in this regard. IOM would need to be given a legal protection mandate and guided by the core international human treaties, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, and the principles enshrined in the Charter of the United Nations would need to be integrated into its Constitution. It would also be important for IOM to gain the membership of key countries which are currently observer States.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 115
- Paragraph text
- The Special Rapporteur believes that the proposal to bring IOM inside the United Nations system is worthy of further discussions, taking into consideration the issues raised above. However, any halfway solution that would amount to giving IOM the role of lead agency, either outside the United Nations system or inside it but without insisting on the development of a proper protection mandate, should be avoided. Furthermore, if IOM were to be integrated into the United Nations system and entrusted with a protection mandate, its work would still need to be coordinated with that of all other relevant United Nations entities and agencies working on migration, such as OHCHR, UNHCR, ILO and UNICEF.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 119
- Paragraph text
- Furthermore, the work of the Global Migration Group should be further streamlined and its human rights framework strengthened. The mandate of OHCHR and its operational expertise on migration and human rights in this respect is crucial.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 122
- Paragraph text
- There is thus a need to enhance the human rights dimension of global migration governance, including in terms of accountability, and to bring it back to the United Nations, including by establishing a United Nations-based institutional framework on migration. There has been considerable movement and interest shown over the past decade in terms of the two High-level Dialogues on International Migration and Development, the creation of the Global Forum on Migration and Development and the Global Migration Group and recent growth in IOM membership, as well as the development of regional initiatives, both through regional organizations and regional consultative processes. Thus, there seems to be some recognition of the need for more migration governance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 123
- Paragraph text
- States can commit to more migration governance while at the same time maintaining their sovereignty in relation to deciding who enters and stays in their territory.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 124
- Paragraph text
- Better global migration governance would be advantageous for all States because they cannot deal with a global phenomenon unilaterally, bilaterally or even regionally only. Enhanced governance would allow for better responsibility-sharing on the part of States associated with migration. While the Global Forum on Migration and Development provides a useful platform for informal discussions between States, it should not be seen as a substitute for discussions about migration in the United Nations. More frequent high-level dialogues could also lead to closer linkages and synergies between discussions within and those outside the United Nations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 127
- Paragraph text
- All States should establish human rights-based, coherent and comprehensive national migration policies. These policies should address the "pull" factors for irregular migration, namely the unrecognized need for migrant labour in destination States, including for low-skilled workers, and the corresponding need to open up a greater number of regular migration channels, which would lead to fewer instances of irregular migration, less smuggling of migrants, less exploitation of irregular migrants and less loss of life. In this respect, States must ensure that "irregular employers" are sanctioned, labour exploitation is punished and migrants, including those in an irregular situation, have access to national courts and tribunals, which should effectively apply the international human rights treaties in providing appropriate redress. States should implement a "firewall" between immigration enforcement and public services and improve data collection and indicators in all areas relevant to migration in order to make informed policy decisions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 129
- Paragraph text
- States should recognize the need for a stronger human rights-based institutional framework for migration at the United Nations. This could, in turn, have a positive effect on informal migration governance outside the United Nations, including the Global Forum on Migration and Development and regional consultative processes. In this respect, the Special Rapporteur urges all United Nations Member States to consider the possibility of creating a new organization with a specific mandate on international migration. This could be achieved, inter alia, by bringing IOM into the United Nations system. However, the Special Rapporteur notes that this would require that IOM be given a revised mandate that should include at its core the protection of the human rights of all migrants. The new "IOM-based" agency should also be provided with adequate resources that are not project-driven only.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 131
- Paragraph text
- States should ensure that the human rights of migrants are included in the post-2015 development agenda.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 132
- Paragraph text
- The High-level Dialogue on International Migration to be held in 2013 is an important moment to reflect on the mainstreaming of human rights into all aspects of the migration debate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 133
- Paragraph text
- States should consider holding more frequent high-level dialogues, for instance every three years, which should be interactive and action-oriented, each with a rights-based negotiated outcome document.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 136
- Paragraph text
- States should consider enhancing civil society participation at the Global Forum.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 138
- Paragraph text
- The Global Forum should also consider discussing topics related to migration in general, not necessarily seen from the development perspective.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 141
- Paragraph text
- The Human Rights Council should consider holding an annual panel discussion on the human rights of migrants, with a different thematic focus each year.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 143
- Paragraph text
- The Secretary-General should strive to strengthen the Global Migration Group through his leadership and guidance, including the Group's role in relation to the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 5
- Paragraph text
- The Special Rapporteur recognizes that the challenges regarding border management and irregular migration are neither new nor unique phenomena to the European Union. Migrants seeking safety from persecution or better opportunities for their future have forever been crossing borders throughout the world. The Special Rapporteur notes however, that in recent years, and in particular with the albeit contained spike in irregular migration flows following the Arab Spring, it is perhaps in the Mediterranean Sea where this phenomenon has gained the most visibility, due to the ever more dangerous trajectories used and the number of deaths and the human rights abuses which occur en route, at sea and in deserts.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 7
- Paragraph text
- The Special Rapporteur travelled to Brussels in May 2012, where he carried out initial consultations with representatives of relevant European Union institutions, including: the Commissioner for Home Affairs, the Directorate-General for Justice, the Directorate General for Enlargement, the Directorate-General for Development and Cooperation - EuropeAid, the European External Action Service, members of the European Parliament, including the Parliamentary Sub-Committee on Human Rights, the Human Rights Working Group, the Presidency of the Council of the European Union/Chair of the High Level Working Group on Migration and Asylum, the EU Counter-Terrorism Coordinator and Frontex. He also held meetings with the European Union Agency for Fundamental Rights in Vienna.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 9
- Paragraph text
- The Special Rapporteur then undertook four visits to countries on both sides of the European Union's external border to examine examples of border management policy in practice. Whilst the external border of the European Union is very large, the Special Rapporteur chose countries at the southern Mediterranean border, due to the fact that the southern border not only remains one of the key points of entry for migrants to the European Union, but also entails a treacherous sea journey across the Mediterranean Sea and dangerous overland routes. The Special Rapporteur visited both sides of two of the main points of entry for migrants to the European Union: Turkey and Greece, and Tunisia and Italy. He visited Tunisia and Turkey in June 2012, Italy in October 2012 and Greece in November-December 2012. In February 2013, the Special Rapporteur returned to Brussels to consult with relevant European Union institutions on his preliminary conclusions and to seek further clarifications.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 13
- Paragraph text
- Migration has always been a fundamental part of European history: migrants are undoubtedly a key element of the cultural, economic and social fabric of the European Union, and contribute to European society in countless ways. Yet, in recent decades, migration within Europe has become an increasingly sensitive topic, often leading to polarized and heated public debates and becoming a decisive election issue in national elections. Moreover, although migration policies were traditionally the domain of individual member States, the European Union has, over the past two decades, engaged in a process of coordination of the rules of admission and on border management, including common rules on residence of third-country nationals. With 42,673km of external sea borders and 7,721km of land borders, the Schengen free-movement area, comprising 26 countries (including four non-European Union States) with over 700 million crossings at the external borders in 2011 alone, is a unique experiment in regional border management.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 14
- Paragraph text
- The European Union first moved towards cooperation and coordination in areas strictly linked to security, focusing first on the prevention of cross-border crime. Gradually, this expanded to harmonization of some rules both in the area of border management and returns, and the area of asylum and regular migration continues to be developed. However, it should be noted that key determinants of migration policy, including the ever important factor of numbers of admissions, including of both regular migrants and refugees for resettlement, remain within the decision-making power of individual European Union member States (EUMSs).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 15
- Paragraph text
- On the one hand, the Special Rapporteur welcomes this progressive harmonization of European Union policy, as migration is certainly a sphere that can benefit from coordinated regional governance. However, he observes that the development of European Union-wide standards regarding management of migration at the regional level has not been matched by a parallel coordinated guarantee of the rights of migrants. While there have been advances related to rights of regular migrants, including the directives on long-term residence and on the single permit, and related to the rights of persons in need of international protection, harmonization in terms of the rights of migrants in an irregular situation has been insufficient. Rather, the Special Rapporteur observes that a corollary of the harmonization of migration law and policy at the European Union level appears to be the rise of increasingly complex and restrictive rules around conditions of entry, and far stricter border management policies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 16
- Paragraph text
- The stricter approach to border control has also been accompanied by more stringent entry requirements to the Schengen Area. Prior to Schengen, relatively flexible entry requirements or specific guest worker programmes enabled unskilled migrants to travel to European Union Member States, to seek out opportunities and then adjust their administrative status accordingly. Presently, however, the possibilities for such opportunities remain quite limited as the Schengen system requires most non-European Union unskilled migrants, particularly from countries of the Global South, to obtain a visa in order to enter the European Union to look for work. This has created a reality whereby migrants from non-European Union countries, and in particular those from developing countries without visa facilitation programmes with the European Union, are increasingly unable to regularly enter the European Union to look for work in person.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 18
- Paragraph text
- As a result, growing numbers of migrants are embarking on dangerous journeys in order to enter the European Union irregularly to carry out this work. They are doing so by taking unseaworthy vessels not only across the Mediterranean and Atlantic oceans, but also by risking their lives through precarious overland routes, in order to seek out such opportunities. Indeed, it is estimated that in 2011, over 1,500 persons lost their lives in attempting irregular border crossings in the Mediterranean Sea. Between 1998 and 2012, more than 16,000 persons have been documented to have died in attempting to migrate to the European Union. It should be noted that this statistic includes not only deaths caused at sea, but also in various other ways, including suffocation in trucks, car accidents, frostbite, police violence, hunger strikes, landmines, or suicide in detention, highlighting many of the dangers involved in irregular migration pathways.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 19
- Paragraph text
- The Special Rapporteur acknowledges however that those entering by irregular border crossings by sea or land make up only a fairly small percentage of persons who reside irregularly in the European Union. In fact, statistics indicate that the majority of migrants with irregular status within the European Union are those who are issued an entry permit, enter regularly and then overstay their visa. In this context, it can be considered that there is disproportionate focus, by both the European Union and other commentators, on irregular arrivals by land and sea, in particular in the policy context.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 20
- Paragraph text
- However, the Special Rapporteur notes that this focus on migrants who undertake irregular border crossings has significant relevance, as this is where the most egregious human rights abuses appear to take place. Of the utmost concern are the deaths of irregular migrants attempting to cross into the European Union. Other concerns are the mistreatment of migrants at the border, including practices which infringe their liberty and security, and detention regimes on both sides of the border that fail to adequately respect minimum human rights standards. Furthermore, even before crossing the border to the European Union, whether by sea or by land, migrants are often exposed to serious risks of abuse and exploitation en route, including by smugglers. This is particularly true for women and girls who wait in transit countries and who may be exposed to sexually based violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Violence
- Person(s) affected
- Girls
- Persons on the move
- Women
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 22
- Paragraph text
- Within this context, the Special Rapporteur notes the unique position of the European Union with regard to management of the complex phenomenon of a common migration system. The European Union is a singular economic, social and political partnership among 27 Member States, many of whom have developed domestic legal traditions with strong human rights protections. In addition, at the regional level, the European Union has developed a comprehensive system of legislation, with strong human rights protections that complement domestic fundamental rights law and international human rights law. Thanks to this system, long-term third-country nationals legally staying in European Union Member States enjoy similar rights to those of European Union citizens with regard to free movement, establishment and work conditions. The Special Rapporteur thus notes that the European Union is uniquely placed to address human rights of migrants regarding management of its borders.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 24
- Paragraph text
- The Special Rapporteur also observes that another corollary of the common European Union border management system is that those member States geographically situated at the external border of the European Union free movement (Schengen) area, find themselves not only responsible for the management of their national borders, but also custodians of the external border of the entire European Union, which often encompasses large tracts of land or sea frontiers. The Special Rapporteur notes that the European Union has acknowledged the magnitude of this task for individual border States, and established Frontex to assist them with the challenging task of border management. Nevertheless there is clearly a disproportionate impact on member States situated at the external border, which can impact the human rights of migrants entering these countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 27
- Paragraph text
- The Stockholm Programme of the European Council has taken some important strides forward in terms of incorporation of human rights into migration policy. Within the Stockholm Programme, the importance of migration as a way to ensure the European Union's competitiveness and economic vitality and solve demographic concerns is highlighted. The Stockholm Programme explicitly provides that one of its key political priorities is "that law enforcement measures, on the one hand, and measures to safeguard individual rights, the rule of law and international protection rules, on the other, go hand in hand in the same direction and are mutually reinforced."
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 29
- Paragraph text
- Furthermore, important human rights advances within the context of European Union external border management must not be overlooked. For example, the European Union has taken considerable steps to ensure that Frontex improves its compliance with international human rights law. Following the CJEU judgement annulling Council Decision 2010/252/EU, the European Union will establish new rules and guidelines for Frontex Sea Operations, and the Special Rapporteur has been assured that the Commission's proposal will fully incorporate respect for fundamental rights and non-refoulement during Frontex operations, and clear disembarkation rules in line with international refugee law and international human rights law. In 2011, the Frontex Regulation was also revised, and the institution was mandated to appoint a Fundamental Rights Officer to monitor its operations' impact on migrants' and refugees' fundamental rights, and to establish a Consultative Forum on Fundamental Rights with an advisory role in providing policy advice.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 35
- Paragraph text
- The Special Rapporteur regrets this terminology, and laments the linking of irregular migration with crime and security concerns. Using incorrect terminology that negatively depicts individuals as "illegal" contributes to the negative discourses on migration, and further reinforces negative stereotypes of irregular migrants as criminals. Moreover, such language legitimates the discourse of criminalization of migration, which in turn, contributes to the further alienation, discrimination and marginalization of irregular migrants, and may even encourage verbal and physical violence against them. This is further exacerbated by European Union legislation such as the Facilitation Directive, which, although not explicitly criminalizing irregular migration, may discourage the provision of assistance to irregular migrants, due to potential criminal sanctions.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 37
- Paragraph text
- The focus remains on control and surveillance of the European Union's external borders. Activities around migration management, as he observed, were predominately focused on the identification, development and financing of measures which focus on the security aspects of irregular migration, including formalizing cooperation agreements on "illegal" immigration, improving external border controls through logistical and technological means, capacity-building in third countries towards stopping irregular migration (such as the Memorandum of Understanding between Frontex and Turkey), and the criminalization of migration through both legislative acts and practical programmes, including the promotion of detention of irregular migrants both within and beyond the European Union territory, and the funding of detention centres both in European Union countries and transit countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
- Date added
- Aug 19, 2019
Paragraph