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2035 agenda for facilitating human mobility
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2017
- Document code
- A/72/173
Document
Access to justice for migrant persons
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2018
- Document code
- A/73/178/Rev.1
Document
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2015
- Document code
- A/HRC/29/36
Document
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 9
- Paragraph text
- Despite some positive developments, the human rights issues raised in the Special Rapporteur's 2013 report persist. The continued ineffectiveness and paradoxes of European Union border management policies and the lack of a coherent, human rights-based approach to migration have been vividly and visibly demonstrated by the deaths of migrants in the Mediterranean Sea. These tragic events have propelled the issue of the human rights of migrants who use sea-based migratory routes into the spotlight. Suffering that is less frequently discussed is also being seen at all stages of migration, including within the European Union.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 10
- Paragraph text
- Given the European Union's share of global resources and wealth of substantive normative standards, recent deaths at sea and other human rights issues have to be seen as the result of collective political will and policy choices. The suffering of so many and the tendency of migration to take place clandestinely is a symptom of systemic failings within the European Union border management system and a clear sign that the region is losing control of migration despite sustained investment in securing borders. These failings also cut deeper and speak to how the European Union responds to difference and diversity.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 11
- Paragraph text
- The costs associated with attempting to sustain the status quo are huge. The human costs continue to rise as migrants die at sea and suffer on a large scale at borders, within the European Union, as well as in neighbouring countries. Furthermore, the resources lost through investing into an ineffective system and not maximizing the opportunities to benefit from organized migration are significant.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 12
- Paragraph text
- To remedy this, the European Union needs to take a whole-system view of migration and review how its related policies and underlying concepts can be shifted to develop a human rights-based approach. Taking a long-term view and banking on mobility over the next 25 years will better place the Union to respond to the significant economic, social and demographic changes that lie ahead.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 13
- Paragraph text
- A sustained increase in overall migration from third countries has not been seen over the past five years. The Organization for Economic Cooperation and Development (OECD) estimates that, in 2012, the European Union experienced a 12per cent decline in migration involving non-European Union nationals. The overall decrease in flows to the European Union is reflective of the fact that the region has broadly deemed migration from third-country nationals to be undesirable and dramatically reduced regular migration opportunities.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 14
- Paragraph text
- The direct secondary effects of this approach can be seen in irregular migration trends. While regular migration to the European Union is decreasing, a clear trend since the 2013 report is an increase in irregular migration and asylum claims. The European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (FRONTEX) reported that, in the fourth quarter of 2014, irregular migration was at the highest level (100,000 irregular crossings) since 2007, when data started to be shared within the context of the FRONTEX Risk Analysis Network (FRAN).
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 15
- Paragraph text
- Asylum claims have also significantly increased. Having peaked in 1992 (670,000) and again in 2001 (424,200), the number of asylum applications within the European Union fell to just below 200,000 in 2006. From that relative low point, there was a gradual increase in the number of applications until 2012, after which the rate of change quickened considerably as the number of asylum seekers rose to almost 450,000 in 2013.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 16
- Paragraph text
- Within the global context, the proportion of those displaced by humanitarian emergencies seeking refuge in Europe is still small. As reported by UNHCR, the world is currently experiencing the highest levels of displacement since the end of World War II and, at the beginning of 2015, 1.3 million refugees were registered in Lebanon and 1.9 million in Turkey. In comparison, the European Union assessed around 620,000 asylum applications in 2014.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 17
- Paragraph text
- Trends in regular migration to the European Union are not affecting all European Union member States evenly. Countries such as Germany, Finland and France have seen increasing flows in 2012, while Italy, Spain and the United Kingdom of Great Britain and Northern Ireland have experienced a decrease in permanent inward 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 18
- Paragraph text
- Trends in asylum claims too show divergence, with Eurostat figures for 2014 ranging from 126,705 in Germany to 55 in Liechtenstein. Also according to Eurostat, the proportion of applications being processed by Germany, Sweden and Italy went from 37per cent in 2010 to 60 per cent in 2014.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 19
- Paragraph text
- While a number of precarious, sea-based routes to the European Union exist, by far the most commonly used since 2013 has been the central Mediterranean route. The dramatic increase in the use of that route has tragically resulted in large-scale loss of life. UNHCR estimates that 3,000 people died or went missing at sea in 2014. Events in the first four months of 2015 suggest that the use of this route and the associated avoidable deaths of migrants continue at an alarming pace.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 20
- Paragraph text
- While the majority of sea-based migration passes through the central Mediterranean Sea, the European Union is aware that, as a result of efforts to secure the border with Turkey, more refugees and migrants have begun taking the route across the Aegean Sea to the Greek islands. FRONTEX reported that during the period from July to September record numbers of migrants used those channels. In October 2014, the United Nations High Commissioner for Refugees warned that the situation was reaching crisis point.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 21
- Paragraph text
- Against a backdrop of a poor economic climate, the rise in nationalist populist parties within the European Union and the tragic terrorist attacks in Paris at the beginning of 2015, xenophobia and hate speech have increased. This rise in xenophobia against migrants since the Special Rapporteur's 2013 report is a significant trend relating to how migrants are perceived in Europe, as well as a stumbling block in the development of more progressive policies.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 22a
- Paragraph text
- [A number of positive developments have taken place in relation to the human rights of migrants within the European Union. These include:] (a) Judgements of the European Court of Human Rights and the European Court of Justice, which have challenged externalization practices, "the Dublin logic", immigration detention and access to social protection issues;
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 22b
- Paragraph text
- [A number of positive developments have taken place in relation to the human rights of migrants within the European Union. These include:] (b) The work of FRONTEX Fundamental Rights Officer Inmaculada Arnaez Fernandez and her staff, which includes the establishment of a code of conduct for joint return operations, the Vega Children Handbook and the establishment of a mechanism for monitoring fundamental 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
- Children
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 22c
- Paragraph text
- [A number of positive developments have taken place in relation to the human rights of migrants within the European Union. These include:] (c) The search and rescue operations provided by both the Government of Italy and FRONTEX through the Mare Nostrum and Triton operations. The Special Rapporteur notes, however, that Triton's operations have been limited, as discussed below;
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 22d
- Paragraph text
- [A number of positive developments have taken place in relation to the human rights of migrants within the European Union. These include:] (d) Regular migration initiatives, including the Blue Card system, the seasonal workers directive and the draft student and researchers directive;
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 22e
- Paragraph text
- [A number of positive developments have taken place in relation to the human rights of migrants within the European Union. These include:] (e) Efforts by the European Parliament and the European Commission to respond to the current crisis in the Mediterranean Sea;
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 22f
- Paragraph text
- [A number of positive developments have taken place in relation to the human rights of migrants within the European Union. These include:] (f) The attention of the European Union Agency for Fundamental Rights on the human rights of migrants, including at the Agency's 2014 annual conference.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 23
- Paragraph text
- Despite these positive elements, a continued focus on security continues to structure the way in which the European Union handles border management. A wholesale, coherent integration of the human rights of migrants in policies is missing. The system continues to be characterized by complexity, a lack of harmonization between relevant policies and regional and international human rights standards, limited responsibility sharing and the absence of the political will needed to initiate the required changes.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 24
- Paragraph text
- The current European Union border management system is buckling under the pressure of increased irregular migration, despite the relatively small proportion of those displaced by crisis seeking refuge in the Union.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 25
- Paragraph text
- As migrants continue to die at sea, and large-scale suffering is experienced at each stage of migration, it is clear that the European Union does not control migration. This lack of control manifests itself in a number of different ways, raising a wide range of human rights concerns, many of which have persisted since 2013 and have gained increasing impetus and urgency over the past two years.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 26
- Paragraph text
- The use of precarious routes into the European Union, particularly through the central Mediterranean Sea, has increased dramatically since 2013 and resulted in large-scale violations of the right to life, as well as significant human rights abuses at all stages of the migratory process. This form of migration is driven largely by conflict and poverty (push factors), as well as by unmet needs within European labour markets (pull factor). Many of these migrants are being forced to use precarious routes because of their desperate situation and a lack of regular migration opportunities.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 27
- Paragraph text
- Organized smuggling rings are profiting from this lack of regular migration channels, staying ahead of border control initiatives and facilitating crossings through precarious routes in exchange for large payments. Smugglers have displayed a remarkable disregard for the dignity, life and rights of migrants and have systematically exploited those desperate to reach safer soil.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 28
- Paragraph text
- Commonly, boats carrying migrants to the European Union leave from: Egypt and Libya when using central and eastern Mediterranean channels; Morocco and Tunisia when using the western Mediterranean; and Turkey when using the Aegean Sea route. Many migrants have come an extremely long way, including from sub-Saharan countries and countries in the Middle East, to make these journeys. Migrants travelling through the Sahara are subjected to horrific treatment, including rape and other forms of violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 29
- Paragraph text
- When migrants reach their intended country of departure, they often suffer further violations of their rights. The European Union Agency for Fundamental Rights has published reports of makeshift camps with extremely poor conditions that are run by migrants in Morocco, as well as of migrants locked in small huts by smugglers in Turkey. Smugglers typically charge several thousand United States dollars per person for boat journeys to the European Union. Families with multiple members can pay in excess of US$ 10,000 to make the trip.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 30
- Paragraph text
- The boat trips themselves are perilous, involving very basic vessels that have limited navigation systems, are not seaworthy and often have insufficient amounts of food, water, fuel, first aid kits and life jackets. Boats are usually extremely overcrowded and sometimes contain more than double the recommended capacity. Once migrants have paid for the journeys, they are often forced to go ahead with their plans despite sometimes having second thoughts when seeing the vessels. Migrants have reported incidents of boats not having captains, with inexperienced migrants being required to navigate, as smugglers do not want to risk being caught by the authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 31
- Paragraph text
- When smugglers are on the boats, incidents of sexual violence and slavery against women have been reported. The crossing from North Africa takes, on average, between one and three days, but can increase significantly depending on the boat and the maritime conditions. Many boats capsize or go into distress.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Women
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 32
- Paragraph text
- The search and rescue services provided unilaterally by Italy and FRONTEX are a response to these alarming trends (see appendix). In a report to the Special Rapporteur, the European Commission said that Operation Mare Nostrum had rescued over 160,000 persons at sea in 2014 and that Operation Triton was estimated to have rescued approximately 22,300 people between November 2014 and early 2015. In addition, some private and military vessels have saved migrants' lives. However, as underlined by the International Maritime Organization, the support provided to search and rescue operations by merchant vessels should remain exceptional, and States should shoulder the main responsibility for such operations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 33
- Paragraph text
- While positive efforts to protect migrants' right to life have been made, they remain insufficient. Key challenges include Operation Triton's limited mandate for effective search and rescue operations compared with the mandate of Operation Mare Nostrum, incoherence in search and rescue zone management, tensions between unilateral and regional interventions, disincentives for private and military vessels to provide assistance to migrants, limited resource commitments from member States and difficulties in establishing disembarkation protocols.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 34
- Paragraph text
- While search and rescue services are a vital part of addressing the human rights challenges faced by migrants trying to reach the European Union by precarious routes, the root causes of the use of these channels must be examined. A key driver is the lack of regular migration channels that reflect the European Union's genuine labour needs and the humanitarian and protection needs of those fleeing humanitarian situations. The European Union's collective response to the Syrian crisis exposes a remarkably intransigent refusal to offer Syrians any significant migration opportunities. Most European Union member States have preferred to look the other way, unsurprisingly pushing migrants to turn to smugglers.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 35
- Paragraph text
- The increased use of the central Mediterranean route demonstrates beyond any reasonable doubt that, whatever measures the European Union implements, migrants will continue to come to the region and that "sealing" European borders is impossible. The risks that migrants are prepared to take to reach safer soil show that border control measures are not an effective disincentive when desperate people face situations of war, insecurity, violence and extreme poverty.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 36
- Paragraph text
- Concerning trends in the use of externalization techniques have continued since the publication of the 2013 report. The European Union has adopted the Global Approach to Migration and Mobility as a policy framework with significant scope for future migration governance and border control. The Approach comprises a complex and vast array of loosely associated policy and legal mechanisms, as well as a number of projects in countries of transit and origin.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 37
- Paragraph text
- Mobility partnerships are a key tool of the Approach and have been prominent in the recent dialogue held by the European Union on its migration and border management. The partnerships address a broad range of issues ranging from development aid to visa facilitation, circular migration programmes and the fight against unauthorized migration, including cooperation on readmission. The European Union has signed mobility partnerships with Azerbaijan, Jordan, Morocco and Tunisia since 2013. It has also signed a common agenda on migration and mobility with Nigeria.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 38
- Paragraph text
- Overall, the Global Approach to Migration and Mobility lacks transparency and clarity on the substantive contents of its multiple and complex elements. Additionally, many agreements reached in the framework of the Approach have weak standing within international law and generally lack monitoring and accountability measures, which allow for power imbalances between countries and for the politics of the day to determine implementation. Nonetheless, the European Union has continued to use the Approach to promote greater "security". There are few signs that mobility partnerships have resulted in additional human rights or development benefits, as projects have unclear specifications and outcomes. The overall focus on security and the lack of policy coherence within the Approach as a whole creates a risk that any benefits arising from human rights and development projects will be overshadowed by the secondary effects of more security-focused 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 39
- Paragraph text
- Readmission agreements are an area of particular concern. Despite protections against such practices in European Union legislation, pushbacks and refoulement to countries of origin and third countries with weak rule of law and poor asylum systems have been conducted under the broad auspices of bilateral agreements. The European Court of Human Rights has challenged such practices. In 2012, the court ruled on Hirsi Jamaa and Others v. Italy, and held that Italy had violated articles 3, 4 and 14 of the Convention for the Protection of Human Rights and Fundamental Freedoms by returning Somali and Eritrean migrants travelling by sea back to Libya. The argumentation of the Government of Italy cited the bilateral readmission agreement in place between Italy and Libya. However, the ruling, which was in favour of the applicants and awarded compensation, reflects that bilateral agreements cannot be used to justify practices that are incompatible with human rights. In 2014, in Sharifi and Others v. Italy and Greece, the European Court of Human Rights ruled on the treatment of irregular migrants who had entered Italy from Greece and then had been deported back to Greece, with the fear of subsequent deportation to their respective countries of origin. The Court ruled that both countries had violated articles 3 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms and that Italy had violated article 4 of Protocol No. 4 to the Convention.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 40
- Paragraph text
- In 2014, the European Commission launched a pilot project introducing a mechanism in Pakistan and Ukraine to monitor whether the human rights of returnees are respected. The project is implemented by the International Organization for Migration with UNHCR and local partners. The Special Rapporteur urges the European Union to ensure its effective implementation and to analyse and publish the results of this implementation. Furthermore, starting now, no one should be returned to any country under the Global Approach to Migration and Mobility without oversight by an effective post-return human rights monitoring mechanism.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 41
- Paragraph text
- After making often extremely long, dangerous and arduous journeys to the European Union, many irregular migrants and asylum seekers are subjected to immigration detention. Detention is also commonly used by many States when migrants are waiting to be returned, either because of an unsuccessful protection claim or because they have been identified through the Eurodac database as having entered the European Union in another country.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 42
- Paragraph text
- Some instances of immigration detention in European Union member States are in contravention of international human rights law because such detention is defined in domestic law as not reasonable, necessary or proportionate, and because it is not decided on a case-by-case basis. Additionally, there are a number of human rights concerns relating to the impact of detention. Many migrants perceive their treatment as harsh and punitive, despite irregular migration not being in any way a criminal act. Prolonged detention without a clear basis has been shown to have a devastating effect on migrants' and asylum seekers' mental health, for example by contributing to post-traumatic stress disorder, anxiety and depression. This is frequently compounded by unacceptable detention conditions, such as unsanitary toilet and shower facilities and unhygienic kitchens. Plus, there is a lack of access to health care, as well as to physical and recreational activities.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 43
- Paragraph text
- Long periods of immigration detention can also lead to sustained barriers to migrants claiming their economic and social rights, even after having been released. UNHCR research suggests that detention disempowers migrants who are often keen to work. A sustained absence from the labour market and the emotional and mental toll of detention can lead to migrants becoming unnecessarily dependent on State-provided support.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 44
- Paragraph text
- Of particular concern is the inclusion of children among detainees. Children are usually afforded additional protections by member States and, according to many national policies, are not supposed to be detained. However, if the age of the child is unknown, which is common among those without documents or coming from countries that do not have robust birth registration systems, they can be detained or kept in reception centres until their age can be verified. This can take weeks or months. In some instances, while in detention, children live and sleep with adults, without any special accommodation made for their young age and without access to education. In others, families are separated in different sections of the detention facility according to age and gender. The detention of children, even for short periods, can have severe negative psychological effects. It has been made clear by the Committee on the Rights of the Child that immigration detention is never ever in the best interest of the child and that families of migrants should not be separated. Hence, unaccompanied minors and families with children should always benefit from alternatives 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
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 45
- Paragraph text
- Alternatives to detention are being explored. For example, legal reforms in Italy have reduced immigration detention from 18 to 3 months and, in Greece, the Government has announced a policy change to reduce detention times and release significant numbers of detainees. A number of countries have moved towards more open reception facilities, particularly for vulnerable migrants such as children and families. Despite these welcome changes, prolonged immigration detention, and the associated negative consequences on the human rights of migrants, continues in many member 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
- Children
- Families
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 46
- Paragraph text
- The Special Rapporteur notes a promising trend in relation to access to justice, as national and regional bodies appear willing to support migrants in fighting for their 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 47
- Paragraph text
- However, systematic barriers to the right to access justice are in place in many European Union member States. Significant resource constraints are making member States unwilling to invest in services that facilitate access to justice for migrants, such as legal aid and translation and interpretation services. Migrants' fear of detection and/or deportation if they assert their right to access justice is also a key barrier. Additionally, inconsistencies in access to justice persist, depending upon the rights at stake, the type and nationality of the migrants and the jurisdiction. Finally, a lack of specific rules on courts' duties to apply sanctions and/or compensation for violations of migrants' human rights is another important barrier.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 48
- Paragraph text
- Concerns about access to justice have been expressed in a number of rulings of the European courts. Decisions of the European Court of Human Rights in Louled Massoud v. Malta (2010) and Suso Musa v. Malta (2013) held that the way in which both applicants were treated violated articles 5 (1) and (4) on the basis that not all the detention had been legal and proceedings to determine its legality had not been adequately implemented. In June 2014, The European Court of Justice made a significant ruling in the case of Bashir Mohamed Ali Mahdi, emphasizing that, under European Union law, a lack of identity papers should not be used to justify extending immigration detention and that migrants should have access to justice to challenge such 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
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 49
- Paragraph text
- Severe restrictions on the movement of asylum seekers under the Dublin system, which are in sharp contrast to the mobility provided to European Union citizens through the freedom of movement framework. Under the Dublin regime, asylum seekers are required to have their claim assessed in the country deemed responsible for their entry into European Union common territory, which is most often the first country of entry. Once fingerprints have been collected, they are entered into the Eurodac database, which is shared among member States. If migrants whose details are stored in this database apply for protection in other member States, they will usually be returned to the country through which they entered the European Union.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 50
- Paragraph text
- The Dublin regulations have not been accompanied with significant standardization of asylum procedures and criteria, therefore creating incentives for migrants seeking to remain in the European Union to travel to countries other than their first country of entry. In addition, under the Dublin system, migrants are often retained in front-line countries where there are very limited economic opportunities. For example, Italy has faced a huge influx of asylum seekers as well as a sustained economic downturn. This has resulted in migrants becoming stuck where there are no jobs available for them, with disastrous results for migrants and the host society.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 51
- Paragraph text
- The system also creates the potential for tension at borders, as many migrants do not want their fingerprints to be taken. Troubling reports have emerged recently about border management officials using force to collect fingerprints. The system also increases the market for smugglers and encourages the use of precarious routes across Europe, as migrants seeking protection are forced to do so in an irregular way, to avoid detection and forced fingerprinting. It is disconcerting to see that European Union rules and practices have caused the reappearance of smuggling routes within the Union, when such routes had practically disappeared with the establishment of freedom of movement.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 52
- Paragraph text
- The European Commission took note of the issue of forced fingerprinting in 2014. It requested information from European Union member States on the legal frameworks in place and common practices. Some States, such as Greece, Malta and Italy, have legally allowed the use of force if migrants resist fingerprinting, while other States, such as Austria and Ireland, have prohibited such a practice. Responses from all Governments tend to suggest that migrants and asylum seekers are rarely unwilling to give their fingerprints, while others have said that it is very difficult to force a person who fundamentally will not cooperate. Even countries, such as Malta, that reported migrants being uncooperative at the point of disembarkation claimed the individuals could typically be recalled later for fingerprinting. While these reports by member States are encouraging, troubling anecdotal evidence by migrants and front-line workers suggests that force has been used in countries of first entry to the European Union.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 53
- Paragraph text
- The European Court of Human Rights has recently ruled on two significant cases in relation to the Dublin logic. As discussed above, in 2014, the European Court of Human Rights ruled, in Sharifi and Others v. Italy and Greece, that both countries had violated articles 3 and 13 of the Convention for the Protection of Human Rights and Fundamental Freedoms. In Tarakhel v. Switzerland, in November 2014, the Court ruled on the refusal of Switzerland to examine the asylum application of members of an Afghan family and the decision to send them back to Italy without assurances that their rights would be protected. The Court held that there had been a violation of article 3 of the Convention and discussed "systemic deficiencies" in the Italian system. In 2011, in M.S.S v. Belgium and Greece, the Court held that Belgium had violated article 3 of the Convention by deporting an Afghan migrant to Greece despite systemic failures in asylum and social protection provisions.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 54
- Paragraph text
- Alongside this jurisprudence, there are other signs that the Dublin logic is failing and that the restrictions to freedom of movement are not sustainable. For example, FRONTEX has reported that European Union border States are making significant reforms to detention policies, possibly enabling greater freedom of movement and a decrease in successful returns.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 55
- Paragraph text
- The precarious routes to Europe discussed above are mixed migration channels, with economic migrants also risking their lives to seek opportunities because regular channels for migrant workers to the European Union do not exist. Some progress in opening up economic migration channels has been made through the development of the Blue Card system and the seasonal workers directive. However, use of the Blue Card among European Union member States is low and sustained opportunities for low-skilled migrants are scant. In sectors where regulation is inadequate, such as domestic work, care, construction, agriculture and tourism, migrants in need of work but unable to get visas come irregularly and can become vulnerable to abuse, violence, restrictions on their freedom of movement and economic exploitation.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 56
- Paragraph text
- While the relationship between irregular migration status and labour market abuses is complex, the former will tend to increase vulnerability to the latter. Undocumented workers, constrained by circumstances, will perform tasks at great financial, physical and psychological cost. Little attention has been given to the impact European Union labour market dynamics has on pull factors for irregular migration and the suffering of undocumented migrant workers in the European Union. While the human rights implications of using precarious sea routes have been highly visible, the suffering experienced by undocumented migrant workers inside the European Union is largely invisible.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 57
- Paragraph text
- Migrant workers trying to survive in Europe often find themselves subject to racism and xenophobia. Labour market-related abuses and xenophobia within the overall population are mutually reinforcing. It has been reported that employers do not employ even highly skilled foreign workers and that there is a failure to maximize the potential of migrant workers within the European Union, with many migrants underperforming in the labour market relative to their education, in part because of xenophobic attitudes.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 58
- Paragraph text
- The unwillingness of European Union member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families reflects the intention to not be held accountable for human rights abuses against undocumented migrant workers.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 59
- Paragraph text
- All the human rights concerns discussed above are signs of stress within the European Union border management and migration systems. They are clear indications that the status quo simply is not sustainable. Ignoring these warning signs and pouring further resources into an ineffective and paradoxical closure system will lead to further avoidable human suffering, as well as wasted resources and lost opportunity costs from not reaping the rewards of organized mobility.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 60
- Paragraph text
- Developing a human rights-based framework by tackling the most pressing concerns and sustaining the political will needed to stay the course of reform over a generation will allow the European Union to bank on the economic and social benefits of mobility.
- 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
- All
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 61
- Paragraph text
- States assume obligations and duties under international law to respect, protect and fulfil human rights. These obligations and duties on States under international law are also broadly echoed by the standards within the European human rights system, which apply to all regardless of nationality and administrative status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 62
- Paragraph text
- A human rights-based framework for migration would ensure the application of these obligations and duties to people in vulnerable situations of migration. It is a framework based on equality and non-discrimination, the duty to protect and access to justice. By upholding the principles of equality and non-discrimination, States acknowledge that human rights are for all and that migrants should be treated as equal rights holders, regardless of their migratory status in relation to the sovereign territory they find themselves in. When migrants are viewed as equal rights holders, a duty to protect them at all stages of the migration process naturally follows. If violations of these rights occur at any point, as equal rights holders, migrants must have access to justice to remedy any injustice.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 63
- Paragraph text
- The establishment of a human rights-based framework based on the core principles and provisions of international and regional law requires immediate action to stop widespread suffering at the borders of the European Union.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 64
- Paragraph text
- A vital first step is for the European Union to scale up search and rescue operations at sea to at least the level of Operation Mare Nostrum. While some efforts have been made, it is vital that the European Union expand the resources committed to providing assistance to those in distress at sea. The Special Rapporteur urges the European Union to strengthen its search and rescue capacity, while also doing the following: respecting the principle of non-refoulement; allowing irregular migrants to disembark immediately at the nearest port; providing information, care and support to migrants; processing asylum claims equitably; and supporting commercial vessels in exceptional circumstances to carry out rescue operations without risk of retaliation or harassment for being considered accessories to smuggling operations. The priorities should be clear: fighting smuggling operations is less important than saving lives. The argument according to which one should not increase search and rescue capacity in order to avoid encouraging smuggling operations is morally, politically and legally unacceptable when human lives are at stake.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 65
- Paragraph text
- The development of a human rights-based framework goes beyond protection at sea. Stepping up the creation of alternatives to detention, particularly for children, is another issue of concern that should also be a priority.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 66
- Paragraph text
- In the long term, the European Union needs to take stock of the durable failure of the Dublin logic and develop options for solidarity among its member States and greater freedom of movement for migrants in Europe. Reversing the present logic, asylum seekers should be able to register their asylum claim in the country of their choice and the European Union should build upon current initiatives and support the countries receiving asylum claims with proportionate and adequate financial and technical support. Standardizing reception conditions and refugee status determination procedures throughout the European Union should be a top priority, in order to avoid "asylum dumping" and stress on the countries that offer better conditions.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 67
- Paragraph text
- Developing a human rights-based framework will require continued commitment and the development of many more regular migration channels, including resettlement opportunities for refugees. The most effective way to do this is to begin a process of opening up regular migration channels to the European Union, exploring a range of options.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 68
- Paragraph text
- Firstly, many people presently crossing the Mediterranean Sea are, thanks to smugglers, manifestly in need of international protection, such as most Syrians and Eritreans. One cannot expect Syrians to live in camps or cities in Jordan, Lebanon or Turkey indefinitely, with no prospects for a better life. If no other option is available, refugees will take their chances with smugglers in order to provide a future for themselves and their children, as many Europeans have done in similar circumstances in the past. Through resettlement programmes for refugees and other humanitarian visas and opportunities, it is well within the European Union's means to develop the mechanisms necessary for providing refuge, over a number of years, for 1 million of refugees displaced by the Syrian and other major conflicts. Together with partner States in the global North and elsewhere, creating a reliable long-term programme will ensure that a large number of refugees will line up for resettlement rather than spend tens of thousands of euros and risk their lives and that of their children in smuggling operations. This would considerably reduce the market for smugglers and the cost of refugee status determination procedures in Europe.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 69
- Paragraph text
- Secondly, smugglers and exploitative employers are presently implementing the labour mobility that many European labour markets need in order to thrive. Through creative visa opportunities for work at all skills levels, including for low-wage migrants, the European Union could streamline the number of migrants coming through irregular means. Coupled with entry and exit controls and other supporting initiatives, multi-year and multi-entry visas could incentivize migrants to come to the European Union for work and return to the country of origin while respecting visa conditions. For such a plan to be successful, the European Union and its member States will need to considerably reduce underground labour markets and exploitation in the workplace over the coming decade, as they act as a magnet for irregular migration at the request of exploitative employers: tougher labour inspection mechanisms and stronger labour unions will be needed to achieve such results.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 70
- Paragraph text
- Fully sustaining the implementation of a human rights-based framework for regular migration across the European Union therefore involves: increasing search and rescue capacity; facilitating access to justice for migrants; developing alternatives to detention; reinforcing labour inspection mechanisms needed to ensure the rights of all workers in the European Union, including migrant workers; creating massive resettlement programmes for refugees; and creating multiple labour migration visa opportunities to incentivize migrants to use regular migration channels.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 71
- Paragraph text
- The successful implementation of this policy mix requires challenging the many intersecting and negative perceptions of migrants and migration that have pervaded European Union debates, discourses, policies and politics. The strict conceptual delineation between internal and external migrants, demonstrated by the freedom of movement within the Schengen region and the securing of external borders, conflicts with a human rights-based framework for migration that is based on equality and non-discrimination. This distinction also rests on the assumption that sealing international borders is possible, which the unsustainable status quo strongly shows is not the case.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 72
- Paragraph text
- The view of migrants among many stakeholders as "illegal" is counterproductive and is not based on facts or the provisions of international law. While migrants who come to the European Union without documents are in an irregular situation (or "undocumented" or "unauthorized"), they have not committed a criminal act. The conceptualization of irregular migrants as "illegal" has undoubtedly played into the use of immigration detention. It has also had an impact on the general public's perception of migrants, legitimizing policies that are not in line with human rights guarantees and contributing to xenophobia and discrimination.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 73
- Paragraph text
- The common conception that migrants are "job stealers" is also a harmful fantasy. Much economic literature (see Card and Peri) has highlighted how migrants complement rather than compete with citizens, therefore creating greater overall productivity within the economy. A 14-year study (Peri and D'Amuri) into the effects of non-European Union migration on 15 Western European countries showed that by taking manual jobs, migrants pushed natives towards more highly skilled and better-paid jobs. In that study, a significant increase in more complex skills among natives following migration was noted. The labour market adjusted with no significant impact on natives' employment rates. The impact of the global recession was shown to decrease but not eradicate this positive phenomenon, debunking the argument that an economic downturn justifies repressive policies.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 74
- Paragraph text
- Similarly, conceptions of migrants as "a burden" are not based in reality, nor are they productive. Much European Union debate focuses on the need to share the "burden" of irregular migration across different member States. Against a backdrop of fiscal and demographic challenges in many countries and political discourses of austerity, discussing external migration as a "burden" again legitimizes the further securing of borders and encourages negative public attitudes. While society undoubtedly has a responsibility towards migrants and more solidarity in sharing this responsibility is encouraged, migration in itself is not and should not be presented as a burden. Much economic literature suggests that, as workers, consumers and taxpayers, migrants contribute to the economic growth of societies with very limited downsides. In fact, the perceived burden of migration comes predominantly from the financial, technological and human resources necessary to implement the European Union's counterproductive security-focused policies and deal with their unintended (although foreseeable) secondary effects. Acknowledging that migrants are human beings with rights, the European Union and its member States should be talking about sharing a responsibility, not a burden.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 75
- Paragraph text
- The normative basis for more positive, realistic views of migrants sits within an abundance of fact-based analysis, as well as the European Union's founding values of respect for human dignity, freedom, democracy, equality, the rule of law and human rights for all, as evidenced in the robust human rights regime and the international human rights instruments that member States have ratified.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 76
- Paragraph text
- Applying the European Union's core values to policies that are based on fact rather than fiction leads to migration policies that facilitate mobility and celebrate diversity. The long-term development of the human rights-based framework discussed above will become increasingly vital to the Union's internal and external interests. Over the next 25 years, Europe will undergo large-scale demographic, societal and labour market changes.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 77
- Paragraph text
- By 2025, more than 20 per cent of European Union citizens will be over 65 years of age, with a particular increase in those over 85. The population of elderly people will almost double, from 87.5 million in 2010 to 152.6 million in 2060. It is also expected that the share of those aged 80 and over will rise from 5 to 12 per cent. At the same time, many member States have fertility rates below the rate of replacement. An average fertility rate of 2.1 children per woman is estimated to be necessary to keep the population at a stable size between generations in developed countries. United Nations population data suggests that between 2010 and 2015 all European Union countries will have had average fertility rates below the 2.1 mark with the regional average being 1.6.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Children
- Older persons
- Women
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 78
- Paragraph text
- In line with these demographic changes, the European work force is declining. In 2010, for the first time, more workers were retiring from the European labour market than were joining it. The European Union and OECD are predicting that, with a zero net increase in migration, the working age population will drop by 3.5 per cent by 2020. Over the next 50 years, the working-age population is expected to decline by nearly 42 million.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Older persons
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 79
- Paragraph text
- These changes have the potential to exacerbate and widen existing skills gaps within the European Union. Of the companies that responded to the 2013 European Company Survey, 40 per cent stated that, despite high unemployment levels, they found it difficult to find applicants with the correct skills set. The demographic shifts discussed above are going to add pressure and impetus to the need to ensure balance between labour supply and demand. According to both the European Union and OECD, for the European Union to meet its 2020 employment targets, it will need to employ a mix of policies and reconsider how it utilizes the skills of non-European Union migrants.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 80
- Paragraph text
- In the context of such shifts, the European Centre for the Development of Vocational Training has projected that there will mainly be an increase in demand for workers with medium and high skill levels and that demand for workers with low skills will decrease. However, demand for low-skilled workers in 2025 is still projected to be significant, at around 43 million. This figure has to be viewed against the European Union 2020 target of increasing the proportion of citizens gaining a tertiary education, as well as the already rapid increases in those doing so. According to the Centre, between 2002 and 2013, a 13 per cent increase in the proportion of 30-34 year olds who have attended tertiary education and a 57 per cent increase in the absolute number of tertiary education graduates were recorded.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 81
- Paragraph text
- Another reason for adopting a human rights-based approach is the European Union's need to remain globally competitive. The World Economic Forum has noted diverging trends between European countries, with some, such as Germany, the Netherlands, Sweden and the United Kingdom, being among the top-10 most competitive economies in the world, and others lagging behind. The highest-ranking European Union country was Germany, in fifth place, and the lowest-ranking was Greece, in eighty-first place. There is currently a low level of highly skilled labour migration from non-European Union countries to most member States owing to barriers to legal access and an informal reluctance by employers to hire from outside the region. This demonstrates how an approach defined by an emphasis on security can permeate all dimensions of migration.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 82
- Paragraph text
- Well-organized migration would allow member States to properly understand the skill level of non-European Union migrants and support realistic strategies for filling labour gaps and shortages in order to maintain and build global competitiveness. Migrants in irregular situations cannot be assumed to have low skill levels. Those that do can still contribute in important ways, given the aim of building the capacity of Europeans and the continued projected demand for low-skilled workers.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 83
- Paragraph text
- A well-organized migration policy based on mobility and human rights could also help the European Union to enhance its humanitarian and development impact. In 2013, migrants sent approximately $404 billion in remittances, as highlighted in the 2013 report of the Special Rapporteur. Migrants who moved from countries with a low human development index to countries with a higher index experienced, on average, a 15-fold increase in income, a doubling in education enrolment rates and a 16-fold reduction in child mortality. If the human rights of migrants are effectively promoted, respected and protected within well-governed migration processes, such development outcomes can be greatly enhanced.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 84
- Paragraph text
- Committing to a generational shift in migration policy that recognizes that external mobility can mirror the benefits of internal mobility, will better equip the European Union and its member States to deal with these economic, social and demographic changes in a way that sustains recovery, encourages growth and further develops global competitiveness. It will also allow the European Union to truly promote its founding values in its relations with the rest of the world, as envisaged in its Constitutional Treaty.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 85
- Paragraph text
- The events in the Mediterranean Sea and the mirroring of this suffering across each stage of the migratory process within the past two years have clearly shown that the status quo in relation to the European Union's approach to border control, asylum and migration is not sustainable. The ability of migrants to reach European soil despite a huge investment in securing borders demonstrates beyond a doubt that sealing international borders is impossible. Migration is a long-standing part of the human condition and, in the globalized and conflict-ridden world in which we live, it is inevitable.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 86
- Paragraph text
- The costs of denying this reality are huge. Most significantly, the human costs continue to grow. There are no signs that the push and pull factors influencing migratory patterns will change and the many grave associated human rights abuses will decrease. In addition to the human costs, the huge investment of resources by the European Union and its member States into ineffective and paradoxical border control mechanisms could be spent in many other ways.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 87
- Paragraph text
- As huge as these costs are, they are in no way inevitable. It is not beyond the moral agency of the European Union to considerably reduce the suffering of large numbers of migrants. The Union's regional system of human rights and other normative standards, its founding values and its strong tradition of promoting peace, security and human rights, clearly show that the Union has the potential to play a global leadership role on the issue 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 88
- Paragraph text
- Claiming this leadership role involves the development of coherent and holistic human rights-based approaches that require short-, medium- and long-term interventions. It is vital that, in the short term, the European Union step up search and rescue operations, further explore alternatives to detention, particularly for children, start providing more resettlement opportunities for people from the Syrian Arab Republic and other countries, in line with its share of global resources, and take stock of the failing Dublin logic and the systemic pressures it is creating.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 89
- Paragraph text
- While this would already have a significant impact on the human rights of migrants, it is important that the European Union also take a strategic, long-term view. In the medium term, the Union should continue to provide resettlement opportunities and open regular migration channels at all skills levels, invest in labour inspection and tackle xenophobia, racism and discrimination against migrants. These changes need to be sustained over the long term and accompanied by a fundamental rethinking of the conceptualization of migrants and the development of integration programmes within the context of general diversity policies.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 90
- Paragraph text
- To achieve sustainable success, the European Union must consider how its founding principles and normative standards apply to those who are not citizens of its member States. It must use fact-based analysis and rational, long-term thinking to challenge the many negative conceptualizations that underpin current social and policy debates relating to migration within the Union. These include the strict delineation between internal and external migrants, the idea of irregular migrants as being "illegal", the preoccupation with irregular, non-European Union migration as being a "burden" within the context of continuing fiscal challenges and the perception of migrants as being "job stealers" who deprive native citizens of economic opportunities.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 91
- Paragraph text
- The benefits of this rethinking and of the European Union taking a leadership role go far beyond the fulfilment of normative commitments. Fact-based economic analyses have tended to conclude that migrants contribute to economic growth and productivity. As Europe changes over the next generation, extending mobility to those outside its borders will allow European Union member States to reap opportunities for peace, security and sustainable development both within and outside the Union.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 92
- Paragraph text
- [To the European Union and its member States] Accept the impossibility of "sealing" borders and the perverse incentives and paradoxes created by the current system, as well as the inevitability and benefits of mobility. Conversely, highlight the necessity of incentivizing all migrants to default to services provided by the European Union and its member States and use entry and exit control mechanisms rather than resorting to smuggling rings.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 93
- Paragraph text
- [To the European Union and its member States] Invest in the overall development of a coherent and robust migration policy that fully reflects the human rights of migrants as enshrined in both international and regional law.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 94
- Paragraph text
- [To the European Union and its member States] Convey a road map for the evolution of this policy by developing a full 25-year strategy that outlines clear short-, medium- and long-term interventions and that articulates a shared vision for how the European Union can bank on mobility over a generation.
- 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.
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 95
- Paragraph text
- [To the European Union and its member States] Invest in filling data gaps - such as those around underground labour markets, labour exploitation of migrants, deaths at sea and push and pull factors - to develop evidence-based policies. In addition, increase harmonization and coordination in respect of migration data sources to develop a systemic picture.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 96
- Paragraph text
- [To the European Union and its member States] Through fact-based analyses and long-term thinking, reflect on the conceptualizations of migrants and migration that underpin counterproductive and ineffective security policies and result in the criminalization and stigmatization 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 97
- Paragraph text
- [To the European Union and its member States] Integrate these analyses at a political level, as well as within public communication and education curricula.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 98
- Paragraph text
- [To the European Union and its member States] Fully recognize the push and pull factors of irregular migration, including that undertaken by sea, and the European Union's responsibility in managing and mitigating them.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 99
- Paragraph text
- [To the European Union and its member States] Use the region's considerable global influence, including two permanent and one non-permanent seat on the Security Council, to push for more effective solutions to humanitarian crises in the Syrian Arab Republic, Ukraine and other countries.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 100
- Paragraph text
- [To the European Union and its member States] Take a global leadership role in relation to the Syrian civil war and other humanitarian crises and reduce the market for smugglers by developing, in cooperation with other States in the global North, resettlement opportunities so that the European Union can accommodate over 1 million of the world's refugees (0.2 per cent of the total population of the European Union) over a number of years.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 101
- Paragraph text
- [To the European Union and its member States] Develop and incentivize other regular and safe migration channels, including for workers with varying skills levels, including for low-wage workers. Look at a variety of options for legal migration, such as humanitarian admission, humanitarian visas, temporary protection, family reunification, economic admissions at all skills levels, as well as for job seeking, student mobility and medical evacuation, in line with the suggestions of the European Union Agency for Fundamental Rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 102
- Paragraph text
- [To the European Union and its member States] European Union member States should increase the number of migrants admitted under existing regular migration schemes, including the Blue Card system, the seasonal workers directive and the future student and researcher directive.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 103
- Paragraph text
- [To the European Union and its member States] Prepare for more arrivals by sea and commit to fully implementing obligations under international law to provide search and rescue services to migrants in distress at sea, with State provision being the cornerstone of search and rescue operations.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 104
- Paragraph text
- [To the European Union and its member States] Carefully consider options for how incentives that negatively impact private vessels' willingness to assist migrants in distress can be removed, including the development of a means by which compensation is given for commercial losses.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 105
- Paragraph text
- [To the European Union and its member States] Develop protocols for how military vessels deployed in the Mediterranean Sea for purposes other than search and rescue should respond to incidents of migrants in distress to complement State action.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 106
- Paragraph text
- [To the European Union and its member States] Further develop solidarity and responsibility-sharing mechanisms between border and non-border States in relation to search and rescue operations and processing protection claims through the provision of technical, financial and human resources.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 107
- Paragraph text
- [To the European Union and its member States] Improve the coherence of the Global Approach to Migration and Mobility, integrate rigorous human rights, due diligence, monitoring and oversight mechanisms into all external agreements and prioritize projects in countries of origin and transit that will improve the human rights of migrants. For example, as suggested by the European Union Agency for Fundamental Rights, prioritize support that improves search and rescue operations within efforts to build the border management capacity of non-European Union States, as well as support for national human rights institutions.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 108
- Paragraph text
- [To the European Union and its member States] Make promoting genuine mobility for non-European Union migrants the cornerstone of the Global Approach to Migration and Mobility.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 109
- Paragraph text
- [To the European Union and its member States] Take stock of the systemic failure of the Dublin mechanism. Reverse the present logic by allowing asylum seekers to register their asylum claims in the country of their choice within the European Union, while supporting the countries receiving asylum claims with proportionate and adequate financial and technical support.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 110
- Paragraph text
- [To the European Union and its member States] Invest in the considerable expansion and harmonization of the European Asylum Support Office through several mechanisms, including through mutual recognition of refugee status determination decisions, exchange of refugee judges between States, a common European Union refugee determination appeal board and common or shared reception mechanisms.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 111
- Paragraph text
- [To the European Union and its member States] Develop coordinated efforts to move away from the detention of all migrants, investing in alternatives that avoid punishing those arriving irregularly. Look towards a model that quickly responds to and capitalizes on the strong desire of the vast majority of migrants to work and contribute to society.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 112
- Paragraph text
- [To the European Union and its member States] In line with the best interests of the child principle, step up protections afforded to migrant children, particularly unaccompanied minors, and families with children. Aim to eradicate the detention of children completely and to respond adequately to the vulnerability of children in reception and social protection provisions. Age verification is not a justification for detention and member States should move towards a model that assumes vulnerability and responds by providing adequate protection, given the particularly damaging impact of even short periods of detention on children.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 113
- Paragraph text
- [To the European Union and its member States] Remove barriers to access to justice ensuring migrants can effectively - and not simply on paper - access legal remedy for violations of their rights. Facilitating access to justice, without fear of detection, detention or deportation, in order to help migrants fight for their rights, would go a long way towards, on the one hand, legitimizing new migration policies by showing that territorial sovereignty and human rights are not incompatible, and, on the other hand, changing mentalities regarding migration through fighting fantasies and stereotypes.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 114
- Paragraph text
- [To the European Union and its member States] Develop "firewalls" between immigration enforcement and public services, so that all migrants in the European Union can seek access to justice and to social services without fear of being denounced to immigration enforcement authorities and deported.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 115
- Paragraph text
- [To the European Union and its member States] Ensure that those who offer services, such as assistance to search and rescue operations, medical support, shelter and legal advice, are explicitly protected from prosecution under the facilitation directive.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 116
- Paragraph text
- [To the European Union and its member States] European Union member States should be weaned off their reliance on cheap labour provided by migrant workers in specific economic sectors and should ensure labour rights are upheld for all, including migrants, including irregular migrants, through full implementation of the employers sanctions directive and rigorous labour inspection. Long-term investment in enforcement of the labour and human rights of all workers, including migrant workers, whatever their status, will allow the Union to fill the inevitable increase in gaps in its labour markets in an efficient and organized way.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 117
- Paragraph text
- [To the European Union and its member States] Improve accountability of violations of the rights of migrants, including through continued support and cooperation with the European Ombudsman and by strengthening the coordination of national human rights institutions.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 118
- Paragraph text
- [To the European Union and its member States] Reconsider the general refusal of EUMS to ratify the International Convention on Migrant Workers.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 119
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Lead the development of a coherent and rights-based migration policy, including a 25-year strategy for European Union institutions and member 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
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 120
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Further develop existing initiatives to mainstream human rights into the work of the Directorate General for Migration and Home Affairs.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 121
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Investigate violations and promptly initiate infringement procedures against member States who violate the Charter of Fundamental Rights of the European Union with respect to the 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 122
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Step up work to explore the feasibility of new ways to provide legal avenues of migration for those in humanitarian situations and quickly implement reform.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 123
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Develop better policy coherence between the work of the different Directorate Generals of the European Commission in relation to migration. Aim to connect the humanitarian work of the Directorate General for Humanitarian Aid and Civil Protection, with the broader work of the Commission on migration, particularly the Directorate General for Migration and Home Affairs.
- 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
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 124
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Provide support to member States on the integration of the Common European Asylum System into national law and its effective implementation.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 125
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Through the work of the Directorate General for Employment, Social Affairs and Inclusion, support member States in moving away from cheap labour predicated on the abuse of migrant workers towards a system of fair, organized and legal migration, through the repression of exploitative employers.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 126
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Lead efforts to counter negative anti-immigration discourses in order to facilitate and improve the integration of migrants in Europe.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 127
- Paragraph text
- [Recommendations to specific European Union institutions] [European Parliament] Exercise democratic oversight of migration policies and practices, encouraging a prioritization of human rights concerns throughout.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 128
- Paragraph text
- [Recommendations to specific European Union institutions] [European Parliament] Focus on improving democratic control and strengthening human rights due diligence and monitoring in relation to the development of external migration agreements under the Global Approach to Migration and Mobility.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 129
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Increase the resources and independence given to the FRONTEX Fundamental Rights Officer to continue and build upon work completed so far.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 130
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Ensure that Operation Triton upholds international standards in relation to protection at sea and that the full transition from Operation Mare Nostrum does not result in the avoidable loss of life of migrants in the Mediterranean Sea.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 131
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Use its coordination and information-sharing mandate to support the development of consensus and coherence in relation to search and rescue zones and disembarkation practices.
- 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
- N.A.
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 132
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Refrain from using the term "illegal" in reference to migrants at all times.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 133
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Ensure that allegations of human rights violations committed in the context of FRONTEX operations are adequately followed-up on. Establish and adequately fund the individual complaints mechanism for violations of the human rights of migrants (as provided for in article 26 (a) (1) of Regulation (EU) No. 1168/2011), as recommended also by the European Ombudsman in the context of its inquiry regarding case OI/5/2012/BEH-MHZ. Individuals and their families, as well as civil society organizations should have access to the complaint mechanism and to adequate reparations.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 134
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Pursuant to article 3 (1) (a) of Regulation (EU) No. 1168/2011, suspend or terminate operations in cases of persistent and serious violations.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 135
- Paragraph text
- [Recommendations to specific European Union institutions] [To the Council of Europe] Support the European Union in mainstreaming human rights concerns into migration and border management policies and implementing the relevant, recent judgements of the European Court of Human Rights, therefore developing further synergies between the two organizations.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 136
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Union Agency for Fundamental Rights] Continue its vital work in developing the evidence base related to key migration and human rights issues, including border management, integration and access to justice. Raise the profile of these issues and report on key challenges.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 137
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Union Agency for Fundamental Rights] Integrate follow-up to the 2014 Fundamental Rights Conference into that work.
- 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 138
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Ombudsperson] Continue its crucial work in establishing accountability for violations of migrants' 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
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 139
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Ombudsperson] Develop further cooperation between national human rights institutions and the European Ombudsperson on issues related to 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
- 2015
Paragraph
Climate change and migration
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/67/299
Document
Climate change and migration 2012, para. 17
- Paragraph text
- The world can expect to experience profound changes in the natural and human environments over the next 50 years or so. Given the significant impacts of those environmental transformations, the Special Rapporteur notes that the effects of climate change will likely play a significant and increasingly determinative role in international migration. In this context, the Special Rapporteur decided to dedicate the thematic section of his report to the General Assembly to the impacts of climate change on migration.
- 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
Paragraph
Climate change and migration 2012, para. 18
- Paragraph text
- Hundreds of millions of people, especially in the global South, are highly vulnerable to global environmental change and will become more so in the future. In its assessment of the future of the planet, the leading intergovernmental body working on the issue, the Intergovernmental Panel on Climate Change, concluded in its Fourth Assessment Report (2007) that global warming was unequivocal and that human activity was the main driver, very likely causing most of the rise in temperatures since 1950.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- All
- Year
- 2012
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
Paragraph
Climate change and migration 2012, para. 20
- Paragraph text
- In particular, climate change is likely to exacerbate the frequency and intensity of extreme weather events (e.g., tropical storms, floods, heat waves) and the gradual processes of environmental degradation (e.g., desertification and soil and coastal erosion). Those effects of climate change and their adverse consequences for livelihoods, public health, food security and water availability will have a major impact on human mobility, as one natural response will be to migrate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2012
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
Paragraph
Climate change and migration 2012, para. 22
- Paragraph text
- In the context of the work of Special Procedures, the former Special Rapporteur on the human rights of migrants, Jorge Bustamante, in his final report to the Human Rights Council in 2011, noted the increasing relevance of climate change and its impact on the movement of peoples and recommended that further study be made on the impacts of environmental and climate change on human mobility (see A/HRC/17/33, paras. 47-62).
- 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
Paragraph
Climate change and migration 2012, para. 23
- Paragraph text
- Other mandate holders have also developed very timely reports dedicated to this issue in relation to their respective mandates, notably the Special Rapporteur on the human rights of internally displaced persons (A/66/285) and 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 (A/64/255).
- 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
Paragraph
Climate change and migration 2012, para. 24
- Paragraph text
- In 2009, the Office of the United Nations High Commissioner for Human Rights (OHCHR) submitted a report to the Human Rights Council in response to its resolution 7/23 on the relationship between climate change and human rights. The report also contained a detailed section focused on the impact of climate change on migration (see A/HRC/10/61, paras. 55-60).
- 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
Paragraph
Climate change and migration 2012, para. 25
- Paragraph text
- Each of those reports contains important definitions, including basic concepts and terminology, especially on mitigation and adaptation, upon which the Special Rapporteur will rely in the present report. Furthermore, the Special Rapporteur will use the term "climate-change-induced migrant" to refer to persons who may migrate in connection with the environmental impacts of climate 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
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
Paragraph
Climate change and migration 2012, para. 27
- Paragraph text
- The Climate Change Environment and Migration Alliance (see http://www.ccema-portal.org), which includes the United Nations Environment Programme (UNEP), the Office for the Coordination of Humanitarian Affairs, IOM and other international non-governmental organizations specialized in environment, has also recently been established.
- 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
Paragraph
Climate change and migration 2012, para. 28
- Paragraph text
- Individual United Nations agencies have also focused specifically on the link between migration and climate change. IOM has a thematic focus on this issue and has developed numerous publications on the topic. Similarly, UNHCR has recognized the important impact that climate change will have on its work. The World Bank also recently commissioned a study on human rights and climate change.
- 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
Paragraph
Climate change and migration 2012, para. 29
- Paragraph text
- The 2012 United Nations Conference on Sustainable Development (Rio+20), held in Brazil from 20 to 22 June 2012, also recognized the issue of migration as relevant in the context of environmental cooperation, and emphasis was put on the need for States to recognize the rights of migrants, in particular those in a vulnerable situation.
- 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
Paragraph
Climate change and migration 2012, para. 30
- Paragraph text
- Of course, the Special Rapporteur recognizes the contributions of numerous non-governmental organizations, as well as Governments themselves, to the development of this field. As more research continues to be carried out at both the scientific and policy levels, the understanding of the issues continues to evolve. Building on this, the Special Rapporteur will further explore the human rights aspects of migration relating to climate change.
- 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
Paragraph
Climate change and migration 2012, para. 31
- Paragraph text
- Environmentally induced migration is commonly presented as a new, or emerging, issue. Yet, changes in environmental conditions have always influenced migration patterns. It is a core feature of our human condition: since mankind has existed, people have been moving in response to changes in their environment, often seasonally. In the context of climate change, however, the rate and scale of this migration could be multiplied. Precise numbers regarding environmental migrants vary considerably, with estimates of the number of people likely to be displaced by climate change ranging from 50 to 250 million by the year 2050. The Special Rapporteur remains aware, however, that accurate data on this issue is not readily available. Furthermore, he recognizes that statistical exercises will be controversial, not only in view of the difficulty in predicting the rate of sea level rise and its impact on persons, but also with regard to a key conceptual hurdle: the difficulty of identifying those migrants who can be said to have moved solely for reasons related to climate change. For example, it is difficult to isolate the effects of climate change that may contribute to population movements from other environmental factors, such as land degradation, which may be linked to other stresses on the environment, including the impact of an increasing global population consuming ever more natural resources.
- 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
Paragraph
Climate change and migration 2012, para. 32
- Paragraph text
- In this context, the Special Rapporteur understands that although environmental transformations experienced as a result of climate change may contribute to migratory movements, environmental migration, like every kind of migration, is essentially a complex, multicausal phenomenon which may be driven by a multiplicity of push-and-pull factors. Thus, the question of identifying those who have migrated as a result of climate change might be a challenging, if not impossible, task: the impacts of climate change often contribute to a cluster of causes that lead to migration.
- 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
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
Paragraph
Climate change and migration 2012, para. 34
- Paragraph text
- Notwithstanding, or perhaps in the light of these conceptual difficulties, the Special Rapporteur recognizes the need for more rigorous scientific, empirical, sociological, legal and other research in this field. Only with precise knowledge of the scope and nature of environmental migration will States be able to develop and agree upon common policies in this regard.
- 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
Paragraph
Climate change and migration 2012, para. 35
- Paragraph text
- While climate change may be felt across the globe, it is likely that its impacts will affect some individuals and groups more than others. At a global level, the Intergovernmental Panel on Climate Change reflected "sharp differences across regions". Developing States facing multiple stresses are likely to be the most severely affected, in particular in Africa, Asia and Oceania: megadeltas, small island developing States, and low-lying coastal and arid areas are most exposed to environmental migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- N.A.
- Year
- 2012
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
Paragraph
Climate change and migration 2012, para. 37
- Paragraph text
- Other societal factors are also significant, including for groups that are marginalized or excluded or that experience discrimination, such as minority communities or indigenous peoples. Those communities often live in fragile environments which are more directly affected by climate change. Moreover, due to poverty, groups are often in a weaker position in terms of their ability to anticipate and respond to environmental change resulting in the paradox where the most vulnerable individuals and communities are often those least able to migrate. At the same time, owing to their often limited ability to participate in political life, those groups are often overlooked by the authorities when relief measures are being developed and delivered, or they face serious protection concerns when measures are developed and have a negative impact on them, thus compounding their vulnerability. Another concern is that of secondary impacts, where, as a result of climate change, affected persons are relocated to minority areas or indigenous lands, without adequate consultation or respect for their rights. The Special Rapporteur thus emphasizes the need to ensure that all groups are adequately considered in the context of responding to climate-change-induced migration, with particular attention paid to those who are most vulnerable, including ensuring their active political and technical participation in the development of responses.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Person(s) affected
- Ethnic minorities
- Year
- 2012
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
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
Paragraph
Climate change and migration 2012, para. 40
- Paragraph text
- Environmentally induced migration may occur almost anywhere. No country is safe from natural disaster and slow-onset environmental changes. Nonetheless, some circumstances are evidently more conducive to environmentally induced migration. In any place where human settlement already faces precarious environmental circumstances, exposure to the slightest environmental change may reach a tipping point whereby people are compelled to move.
- 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
Paragraph
Climate change and migration 2012, para. 41
- Paragraph text
- First, low-lying coastal areas and megadeltas are major sources of environmentally induced migration. This is particularly true in countries such as Bangladesh and Viet Nam, and regions such as the Egyptian Nile Delta and the Niger Delta in Nigeria. Those regions are vulnerable to slow-onset environmental phenomena related to sea level rise and change in precipitation patterns and are also increasingly affected by natural disasters, such as hurricanes, floods, storm surges, soil erosion and soil salinization.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Climate change and migration 2012, para. 42
- Paragraph text
- Second, arid areas, such as the African Sahel and other dry regions in Central America, Africa and Asia, are vulnerable to increases in temperature and changes in precipitation patterns. In many places deserts are expanding, and regions that were barely habitable will become uninhabitable. Studies have shown that local populations have long coped with difficult environmental conditions through migratory strategies: seasonal migration to towns (African Sahel) or pastoralism (Somalia). In such circumstances, desertification triggers adaptive changes in those migratory strategies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Year
- 2012
Paragraph
Climate change and migration 2012, para. 43
- Paragraph text
- Third, if current greenhouse gas emission trends continue, small-island, low-lying developing States, such as Tuvalu, the Maldives and Kiribati, may be lost to sea level rise, rendering their inhabitants stateless. Some countries, including Tuvalu, are already negotiating agreements with their neighbours to relocate their populations. Other States such as the Maldives have started saving to buy land for its population in the future.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Year
- 2012
Paragraph
Climate change and migration 2012, para. 44
- Paragraph text
- Fourth, climate change in polar regions is occurring at a quicker pace. The sea ice cover is decreasing and the permafrost is melting, leading to accelerated erosion, significant flooding and changes in hunting or fishing capabilities. Many indigenous communities in Alaska and Canada, for instance, are located on the shoreline, and some are already in the process of resettling.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- Ethnic minorities
- Year
- 2012
Paragraph
Climate change and migration 2012, para. 45
- Paragraph text
- Fifth, many other regions are now affected by sudden and extreme natural disasters, and "even societies with high adaptive capacity remain vulnerable to climate change, variability and extremes".8 Hurricane Katrina in Louisiana and bushfires in Australia, for instance, illustrate that no society is immune.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2012
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
Paragraph
Climate change and migration 2012, para. 47
- Paragraph text
- Be it within or beyond borders, where migration is a spontaneous and unplanned event there is a risk that a large number of environmentally induced migrants will move towards other more exposed places, such as low-lying areas or to cities that themselves face threats from environmental change. Furthermore, environmentally induced migrants will travel only as far as their resources allow them to go, often towards slums in already overcrowded megacities, thus exacerbating poverty.
- 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
Paragraph
Climate change and migration 2012, para. 48
- Paragraph text
- The Special Rapporteur is also aware that the ability to migrate is a function of mobility and resources. Yet, populations who experience the impacts of environmental change may see a negative impact on their resources. That is to say, migration opportunities may in fact be least available to those who are most vulnerable to climate change.
- 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
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
Paragraph
Climate change and migration 2012, para. 50
- Paragraph text
- Those scenarios demonstrate that laissez-faire policies that respond to the needs of climate-change-induced migrants on an ad hoc basis are insufficient. Policies should organize environmentally induced migration in order to minimize impacts on the human rights of those affected and ensure they are not made more vulnerable by the migration process.
- 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
Paragraph
Climate change and migration 2012, para. 51
- Paragraph text
- Given their diversity, climate-change-induced migrants may have different needs. Overall, all public policies with respect to climate-change-induced migration should be guided by a general respect for the dignity and human rights of the affected individuals, groups and communities, taking into account their particular circumstances.
- 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
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
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
Paragraph
Climate change and migration 2012, para. 54
- Paragraph text
- Although there is no one international human rights treaty designed to deal specifically with environmentally induced migrants, existing human rights law provides a range of situations that respond to their needs and rights. Indeed, human rights law already provides robust protection for migrants who are moving for multiple reasons. What is required, however, is a more concerted and concrete application of those norms to the situation of climate-change-induced migrants, and specific attention to the vulnerability of migrants in this particular context.
- 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
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
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
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
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
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
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
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
Paragraph
Climate change and migration 2012, para. 62
- Paragraph text
- Yet, the Special Rapporteur is aware that the vast majority of expected climate-change-induced migrants will not be moving as a result of persecution. Some commentators have thus argued for the creation of a new category of protection: the "environmental refugee". The Special Rapporteur acknowledges that with regard to migration induced by climate change, the established law and practice around refugee status will not, and perhaps should not, necessarily apply to most. Although disturbances owing to climate change may increase movements of refugees, it may be impractical, not to mention undesirable, to expand the definition of international refugee law. First, many climate-change-induced migrants are most often displaced within the borders of their State. Moreover, the refugee paradigm neglects the major differences between temporary, permanent or circular climate-change-induced migration. It is also questionable whether a distinction between refugees fleeing events induced by climate change and other refugees would be useful. Furthermore, simply expanding the category of refugee law has the potential to weaken the important system put in place for the protection of refugees and asylum seekers. Thus, the present international refugee protection regime may not be the most appropriate vehicle to accommodate the vast majority of climate-change-induced 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
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
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
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
Paragraph
Climate change and migration 2012, para. 66
- Paragraph text
- One category of climate-change-induced migrants that international law needs to consider urgently is those who inhabitant low-lying island States. Though it appears unlikely, despite sensationalist reports, that many countries will completely disappear owing to rising sea levels, a very real concern remains that some of those countries may become uninhabitable, likely owing to insufficiency of fresh water resources.
- 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
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
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
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
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
Paragraph
Climate change and migration 2012, para. 71
- Paragraph text
- In the light of these complex necessities, the section below outlines only a few of the key considerations regarding the role that Governments should play and highlights the equal importance of the engagement of not only individually affected States, but also the international community and civil society in responding to those needs.
- 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
- 2012
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
Paragraph
Climate change and migration 2012, para. 73
- Paragraph text
- Given the multiplicity of locales which are affected by the issue, it is also useful to distinguish between the situation of States concerned by internal climate-change-induced migration, States of origin and States of destination of international climate-change-induced migration, and all 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
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
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
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
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
Paragraph
Climate change and migration 2012, para. 78
- Paragraph text
- Furthermore, courts at the regional and domestic levels can also play an important role in protecting the rights of climate-change-induced migrants. As irregular and vulnerable migrants are not part of the local polity, they largely have no voice in the political arena and rarely dare protest. In the face of increasingly strident anti-immigration political discourse, it is often the judiciary that can best protect migrants' rights. Access to justice becomes a key factor in imposing sanctions for human rights violations and reducing migrants' vulnerability.
- 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
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
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
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
Paragraph
Climate change and migration 2012, para. 82
- Paragraph text
- On the other hand, soft law instruments, such as guiding principles, may define and promote rights-based norms and responsibility-based principles, as has been illustrated by the Guiding Principles on Internal Displacement. Regional initiatives may also be developed as first steps towards international action.
- 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
- Persons on the move
- Year
- 2012
Paragraph
Climate change and migration 2012, para. 83
- Paragraph text
- Similarly, voluntary financial or organizational support, such as the international adaptation funding carried through the United Nations Framework Convention on Climate Change, can be instrumental. While the United Nations Framework Convention on Climate Change programme has long focused on the increasing resilience of populations, it has recently extended to "[m]easures to enhance understanding, coordination and cooperation with regard to climate displacement, migration and planned relocation, where appropriate, at the national, regional and international levels".
- 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
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
Paragraph
Climate change and migration 2012, para. 85
- Paragraph text
- Civil society should not be left outside of global governance on climate-change-induced migration. Civil society organizations have played an important role in flagging the issue of climate-change-induced migration and will continue to play a key role at the stage of developing concrete actions and programmes.
- 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
Paragraph
Climate change and migration 2012, para. 86
- Paragraph text
- Migratory strategies should, as far as possible, be decided locally by affected individuals and communities, with the support of their civil society organizations, and forced relocation or immobility should not be imposed arbitrarily. Central Governments can play a pivotal role by bringing together local actors and promoting consensus and by arbitrating between different local interests.
- 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
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
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
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
Paragraph
Climate change and migration 2012, para. 90
- Paragraph text
- The global climate is already changing, and will continue to do so. The related impacts of these transformations, while not able to be precisely predicted, will certainly be far reaching, and have an impact on a wide range of human rights. In particular, climate change has significant implications regarding migration patterns and movements.
- 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
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
Paragraph
Climate change and migration 2012, para. 92
- Paragraph text
- In this context, States must collectively recognize that migration is part of the solution to global environmental challenges, and planned and facilitated migration policies are legitimate coping mechanisms that may ease individuals, groups and communities out of situations of vulnerability. Moreover, States should recognize that territorial sovereignty should never be a permanent obstacle to migration when it has been determined that international migration is an appropriate coping mechanism.
- 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
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
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
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
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
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
Paragraph
Climate change and migration 2012, para. 93f
- 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 regional migration policies and strategies to facilitate international climate-change-induced migration, where needed, including through the negotiation, conclusion and implementation of regional migration agreements. Such policies and strategies should be elaborated by all States concerned within the region, with the support and assistance of donor States. Such policies and strategies should also be elaborated with the support and collaboration of regional intergovernmental organizations, international organizations, international financial institutions, international NGOs and civil society organizations. Such policies and strategies should fully respect the international and regional human rights frameworks, including appropriate human rights guarantees for all migrants, the political participation of the vulnerable populations concerned in all decisions regarding their migration, as well as means of redress available to all 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
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
Paragraph
Detention of migrants in an irregular situation
- Body
- Special Rapporteur on the human rights of migrants
- Legal status
- Non-negotiated soft law
- Document type
- Special Procedures' report
- Year
- 2012
- Document code
- A/HRC/20/24
Document
Detention of migrants in an irregular situation 2012, para. 5
- Paragraph text
- The Universal Declaration of Human Rights guarantees to "everyone", including migrants in an irregular situation, the right to life, liberty and the security of person (art. 3) and provides that "no one" shall be subjected to arbitrary arrest, detention or exile (art. 9). Article 9, paragraph 1, of the International Covenant on Civil and Political Rights provides that everyone has the right to liberty and security of person, no one shall be subjected to arbitrary arrest or detention and no one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. The Human Rights Committee, which monitors the implementation of the Covenant, in its general comment No. 8 (1982) on right to liberty and security of persons stated that this provision is applicable to all deprivations of liberty, including immigration control. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families also protects the right to liberty and security of person and provides all migrant workers regardless of their status with the right not be subjected individually or collectively to arbitrary arrest or detention and the right not be deprived of liberty except on such grounds and in accordance with such procedures as are established by law (art. 16, paras. 1 and 4).
- 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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 7
- Paragraph text
- At the regional level, the right to liberty and security of person is protected by article 6 of the African Charter on Human and Peoples' Rights, article 7 of the American Convention on Human Rights, article 14 of the Arab Charter on Human Rights and article 5 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- All
- Year
- 2012
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 9
- Paragraph text
- In order not to violate the right to liberty and security of person and to protect against arbitrariness, detention of migrants must be prescribed by law and necessary, reasonable and proportional to the objectives to be achieved. Legitimate objectives for detention are the same for migrants as they are for anyone else: when someone presents a risk of absconding from future legal proceedings or administrative processes or when someone presents a danger to their own or public security.
- 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
Paragraph
Detention of migrants in an irregular situation 2012, para. 10
- Paragraph text
- Security detention poses particular risks to migrants, who may end up in prolonged or even indefinite detention justified by vague criteria. The Special Rapporteur would like to stress that detention for security purposes may only be imposed after conducting an individual assessment in each case, for the shortest time possible, and in compliance with all procedural safeguards.
- 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
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
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 14
- Paragraph text
- The Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, requires States parties to establish as a criminal offence the smuggling of migrants. However, the criminalization requirement does not apply to the migrants who are being smuggled. The Protocol states that migrants shall not become liable to criminal prosecution under the Protocol for the fact of having been the object of smuggling.
- 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
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
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
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 19
- Paragraph text
- At the regional level, the right to take proceedings before a court in order to decide on the lawfulness of detention is provided by article 7 of the African Charter on Human and Peoples' Rights, article 7 of the American Convention on Human Rights, article 14 of the Arab Charter on Human Rights and article 5, paragraph 4, of the European Convention on Human Rights. The Special Rapporteur has been made aware of several instances where that right has been restricted, inter alia through long delays between the beginning of detention and the date of the first review procedure.
- 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
- 2012
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
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 23
- Paragraph text
- Migrants who are detained may not always be aware of their right to request review of their detention, sometimes due to language barriers or lack of access to a lawyer. The Special Rapporteur is therefore of the opinion that periodic review of detention should be automatic. The Working Group on Arbitrary Detention has stated that there should be automatic, regular and judicial, not only administrative, review of detention in each individual case, and that review should extend to the lawfulness of detention and not merely to its reasonableness or other lower standards of review (ibid.).
- 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
Paragraph
Detention of migrants in an irregular situation 2012, para. 24
- Paragraph text
- It may sometimes be impossible to remove an irregular immigrant because, inter alia, the migrant lacks documents to be able to return to the country of origin, there may be financial or other practical impediments to removal (for instance no means of transportation available) or where there is a risk of torture in the country of return (thus the non-refoulement principle in article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment) prevents the expulsion or return of the person to that country. Furthermore, asylum-seekers whose life or freedom would be threatened on account of his/her race, religion, nationality, membership of a particular social group or political opinion are protected through the non-refoulement principle in article 33 of the Convention relating to the Status of Refugees. When it is impossible to remove a migrant due to reasons which are beyond his or her control, the migrant should not be detained. This has also been stated by the Working Group on Arbitrary Detention, which noted that in cases where "the legal or practical obstacles for the removal of the detained migrants do not lie within their sphere of responsibility, the detainees should be released to avoid potentially indefinite detention from occurring, which would be arbitrary. The principle of proportionality requires that detention has a legitimate aim, which would not exist if there were no longer a real and tangible prospect of removal" (ibid., para. 91).
- 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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 26
- Paragraph text
- Substandard detention conditions may potentially amount to inhuman or degrading treatment, and may increase the risk of further violations of economic, social and cultural rights, including the right to health, food, drinking water and sanitation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Food & Nutrition
- Health
- Social & Cultural Rights
- Violence
- Water & Sanitation
- Person(s) affected
- Persons on the move
- Year
- 2012
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 28
- Paragraph text
- The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides that migrant workers and members of their families who are deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person and for their cultural identity (art. 17, para. 1). Furthermore, migrant workers and members of their families who are subjected to detention shall enjoy the same rights as nationals (ibid., para. 7).
- 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
Paragraph
Detention of migrants in an irregular situation 2012, para. 29
- Paragraph text
- The Standard Minimum Rules for the Treatment of Prisoners, which apply to all categories of prisoners, both criminal and those imprisoned under any other non-criminal process, set out minimum standards for, inter alia, accommodation, personal hygiene, clothing, bedding, food, exercise, access to newspapers, books and religious advisers, communication with the outside world and medical services.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Health
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 30
- Paragraph text
- The Special Rapporteur has received reports indicating that migrants in detention, both men, women and children, suffer violence, including sexual violence and abuse. The behaviour of the guards is not always adequately monitored, especially if they are employed by private security companies. Proper instruction and training of the personnel who have authority over migrants in detention is therefore of utmost importance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Children
- Men
- Persons on the move
- Women
- Year
- 2012
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 33
- Paragraph text
- The Special Rapporteur wishes to emphasize that migrants in administrative detention should be kept in dedicated detention centres, and should under no circumstances be detained in prisons or other criminal facilities together with persons imprisoned for a criminal offence. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families provides that migrant workers and members of their families who are detained for violation of provisions relating to migration shall be held, in so far as practicable, separately from convicted persons or persons detained pending trial (art. 17, para. 3). The Standard Minimum Rules for the Treatment of Prisoners provide that persons imprisoned under a non-criminal process shall be kept separate from persons imprisoned for a criminal offence. Additionally, the Working Group on Arbitrary Detention stated in its deliberation No. 5 that custody must be effected in a public establishment specifically intended for this purpose or, when for practical reasons, this is not the case, the asylum-seeker or immigrant must be placed in premises separate from those for persons imprisoned under criminal law. At the regional level, the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas provide that asylum- or refugee-status-seekers and persons deprived of liberty due to migration issues shall not be deprived of liberty in institutions designed to hold persons deprived of liberty on criminal charges.
- 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
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
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
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 38
- Paragraph text
- Children in immigration detention will often be traumatized and have difficulty understanding why they are being "punished" despite having committed no crime. According to article 37 (b) of the Convention on the Rights of the Child, no child shall be deprived of his or her liberty unlawfully or arbitrarily. The arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time. Article 37 (c) states that every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty shall be separated from adults unless it is considered in the child's best interest not to do so and shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances. Article 37 (d) provides that every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance, as well as the right to challenge the legality of the deprivation of his or her liberty before a court or other competent, independent and impartial authority, and to a prompt decision on any such action. Children deprived of their liberty also have a right to appropriate medical treatment (art. 24), education (art. 28) and recreation and play (art. 31).
- 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
- Children
- Families
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 39
- Paragraph text
- Furthermore, the Convention provides that in any action taken by States concerning children, the best interests of the child shall be a primary consideration (art. 3). It also sets forth the right for children not to be separated from their parents against their will (art. 9); and the obligation of States to take appropriate measures to ensure that minors who are seeking refugee status or who are recognised refugees, whether accompanied or not, receive appropriate protection and assistance (art. 22).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 40
- Paragraph text
- Migrant children are sometimes detained together with their parents when the latter are found to be in an irregular situation, justified on the basis of maintaining family unity. Not only may this violate the principle of the best interests of the child and the right of the child to be detained only as a measure of last resort, but it may also violate their right not be punished for the acts of their parents (art. 2, para. 2). This does not mean that the best interests of the child are served through splitting up the family by detaining the parents and transferring their children to the alternative-care system. The detention of their parents has a detrimental effect on children, and may violate children's right not to be separated from their parents against their will, as well as the right to protection of the family set forward in article 23 of the International Covenant on Civil and Political Rights and article 10 of the International Covenant on Economic, Social and Cultural Rights. A decision to detain migrants who are accompanied by their children should therefore only be taken in very exceptional circumstances. States must carefully evaluate the need for detention in these cases, and rather preserve the family unit by applying alternatives to detention to the entire family.
- 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
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 41
- Paragraph text
- Children can also make migratory journeys on their own, sometimes having been separated from their parents or other adult relatives. These unaccompanied or separated children are vulnerable to becoming victims of human rights violations, such as sexual and economic exploitation and trafficking, and their situation requires special attention. In its general comment No. 6 (2005) on treatment of unaccompanied and separated children outside their country of origin, the Committee on the Rights of the Child stated that unaccompanied and separated children should not, as a general rule, be detained, and detention cannot be justified solely on the basis of their migratory or residence status, or lack thereof, nor should they be criminalized solely for reasons of irregular entry or presence in the country. The Working Group on Arbitrary Detention has stated that, given the availability of alternatives to detention, it is difficult to conceive of a situation in which the detention of an unaccompanied minor would comply with the requirements stipulated in article 37 (b) of the Convention on the Rights of the Child (A/HRC/13/30, para. 60). States should instead appoint a guardian or adviser as soon as the unaccompanied or separated child is identified and maintain such guardianship arrangements until the child has either reached the age of majority or has permanently left the territory and/or jurisdiction of the State.
- 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
- Children
- Families
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 42
- Paragraph text
- Victims of trafficking may violate immigration laws and regulations, inter alia relating to irregular entry or use of false documents. However, the Special Rapporteur would like to stress that victims of trafficking should be recognized as victims, and should not be held responsible for the acts of their traffickers. The fear of being detained, often seen as a prelude to being returned to their country of origin and finding themselves again at the mercy of their traffickers, may prevent victims of trafficking from seeking protection, assistance and justice. The Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, urges States to consider adopting legislative or other appropriate measures that permit victims of trafficking in persons to remain in its territory, temporarily or permanently, in appropriate cases (art. 7, para. 1). The Recommended Principles and Guidelines on Human Rights and Human Trafficking request States to ensure that trafficked persons are not, in any circumstances, held in immigration detention or other forms of custody; and that they are not detained, charged or prosecuted for the illegality of their entry or residence or for their involvement in unlawful activities which are a direct consequence of their situation as trafficked persons. The Special Rapporteur on trafficking in persons, especially women and children, has also stated that trafficked persons should not be detained, charged or prosecuted for the illegality of their entry into or residence in countries of transit and destination (see A/64/290).
- 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
- Children
- Women
- Year
- 2012
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 45
- Paragraph text
- The Special Rapporteur has received information indicating that the detention of persons who suffer from mental illness is quite frequent in migrant detention centres, which lack resources to provide them with the required medical attention. The Standard Minimum Rules for the Treatment of Prisoners provide that persons who suffer from mental illnesses shall be observed and treated in specialized institutions under medical management.
- 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
- 2012
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
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
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
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
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 53
- Paragraph text
- In the Special Rapporteur's view, the obligation to always consider alternatives to detention (non-custodial measures) before resorting to detention should be established by law. Detailed guidelines and proper training should be developed for judges and other State officials, such as police, border and immigration officers, in order to ensure a systematic application of non-custodial measures instead of detention. Non-custodial measures should be subject to legal review, and migrants who are subject to non-custodial measures should have access to legal counsel. When considering alternatives to detention, States must take full account of individual circumstances and those with particular vulnerabilities, including pregnant women, children, victims of trafficking, victims of torture, older persons and persons with disabilities. The least intrusive and restrictive measure possible in the individual case should be applied. Legislation should establish a sliding scale of measures from least to most restrictive, allowing for an analysis of proportionality and necessity for every measure. Some non-custodial measures may be so restrictive, either by themselves or in combination with other measures, that they amount to alternative forms of detention, instead of alternatives to detention. When considering whether the measures applied amount to detention, the cumulative impact of the restrictions as well as the degree and intensity of each of them should also be assessed.
- 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
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2012
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 55
- Paragraph text
- The United Nations Standard Minimum Rules for Non-Custodial Measures, although they relate to non-custodial measures in the criminal justice system, may by analogy provide some important guidance on non-custodial measures applied to migrants. The rules provide, inter alia, that the introduction, definition and application of non-custodial measures shall be prescribed by law, decisions on the imposition of non-custodial measures shall be subject to review by a judicial or other competent independent authority, the person subject to non-custodial measures shall be entitled to make a request or complaint to a judicial or other competent independent authority on matters affecting his or her individual rights in the implementation of non-custodial measures, the dignity of the person shall be protected at all times, and the right to privacy shall be respected. Furthermore, the most suitable type of supervision and treatment should be determined for each individual case, and supervision and treatment should be periodically reviewed and adjusted as necessary. At the beginning of the application of a non-custodial measure, the person shall receive an explanation, orally and in writing, of the conditions governing the application of the measure, including his or her obligations and rights, and the failure of a non-custodial measure should not automatically lead to the imposition of a custodial measure.
- 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
Paragraph
Detention of migrants in an irregular situation 2012, para. 56
- Paragraph text
- Alternatives to detention may be defined as "any legislation, policy or practice that allows for asylum seekers, refugees and migrants to reside in the community with freedom of movement while their migration status is being resolved or while awaiting deportation or removal from the country". There is a wide range of possible alternatives to detention, including registration requirements, deposit of documents, bond/bail or surety/guarantor, reporting requirements, case management/supervised release, designated residence, electronic monitoring, home curfew/house arrest and voluntary return.
- 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
Paragraph
Detention of migrants in an irregular situation 2012, para. 57
- Paragraph text
- The registration of migrants with relevant authorities and providing them with official registration documents can constitute an effective measure to prevent absconding, and offers a practical alternative to detention of those arriving without documents. A requirement for migrants to present themselves in person to renew these documents may constitute a kind of de facto reporting requirement. In order not to be discriminatory, this measure should also be made available to migrants who do not have a permanent address to provide to relevant authorities for registration purposes.
- 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
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 58
- Paragraph text
- The deposit of documents (passport or other identification documents) with relevant authorities may be used as an alternative to detention, in order to prevent absconding. However, in such cases, the migrants must be provided with alternative identification documents, which they may need in order to rent accommodation, access education, health-care services, etc.
- 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
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 59
- Paragraph text
- Many countries operate systems that permit release on bail, bond, or under surety/guarantor. "Bail" is a deposit of a sum of money to guarantee the individual's future compliance with immigration procedures. "Bond" is a written agreement with the authorities where the individual promises to fulfil his or her duties, sometimes requiring the deposit of a sum of money by the individual or a third person. A "surety" is the guarantee given by a third person that the individual will comply with the immigration procedures; to this end, the third person, the "guarantor", agrees to pay a set amount of money if the individual absconds. Requests for surety are frequently included as part of bail or bond conditions. While many legal systems provide for bail, the extent to which immigrants can benefit from these is questionable. Bail can be discriminatory against migrants who lack the financial means to be released on bail. Furthermore, lack of access to legal aid or legal representation and lack of adequate interpretation may also lead to lack of awareness on the part of migrants. It is therefore important to ensure that migrants are aware of their right to request release on bail. Bail, bonds and sureties must be reasonable, and must not create an excessive or unrealistic burden on the individual. The requirement of third parties to act as guarantors may be discriminatory against migrants who do not have relatives or friends in the country who can or are willing to act as guarantors: a network of NGOs could be encouraged to provide bail, bond or surety opportunities to such 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
- 2012
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
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
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
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
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
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
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 68
- Paragraph text
- Detention for immigration purposes should never be mandatory or automatic. According to international human rights standards, it should be a measure of last resort, only permissible for the shortest period of time and when no less restrictive measure is available. Governments have an obligation to establish a presumption in favour of liberty in national law, first consider alternative non-custodial measures, proceed to an individual assessment and choose the least intrusive or restrictive measure.
- 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
Paragraph
Detention of migrants in an irregular situation 2012, para. 69
- Paragraph text
- The reasons put forward by States to justify detention should be clearly defined and exhaustively enumerated in legislation. If, as a measure of last resort, a State resorts to detention for immigration-control purposes in an individual case, this should be considered only when someone presents a risk of absconding or presents a danger to their own or public security
- 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
Paragraph
Detention of migrants in an irregular situation 2012, para. 70
- Paragraph text
- Administrative detention should not be applied as a punitive measure for violations of immigration laws and regulations, as those violations should not be considered criminal offences.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 71
- Paragraph text
- The Special Rapporteur calls on States to adopt a human rights-based approach to migration and review their legislation and policies on detention of migrants, ensuring that national laws are harmonized with international human rights norms that prohibit arbitrary detention and inhumane treatment.
- 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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 72b
- 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 in detention are accurately informed of the status of their case and of their right to contact a consular or embassy representative and members of their families. Migrants and their lawyers should have full and complete access to the migrants' files;
- 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
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
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
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
Paragraph
Detention of migrants in an irregular situation 2012, para. 72f
- 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:] Applying the Standard Minimum Rules for the Treatment of Prisoners to migrants under administrative detention, including providing for the separation of administrative detainees from criminal detainees; ensuring an adequate standard of accommodation, including minimum floor space, lighting, heating and ventilation; providing for adequate sanitary, bathing and shower installations; allowing administrative detainees to wear their own clothing, and provide facilities for their cleaning; a separate bed with clean bedding for each detainee; adequate food and drinking water; at least one hour of outdoor exercise daily; the right to communicate with relatives and friends and to have access to newspapers, books and religious advisers; ensuring the presence of at least one qualified medical officer who should have some knowledge of psychiatry, as well as a qualified dental officer; and ensuring the right to make a request or complaint to the central prison administration, judicial authorities or other proper authorities;
- 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
- Families
- Persons on the move
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 72g
- 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:] Giving particular attention to the situation of women in detention, ensuring that they are separated from men, and attended and supervised only by women officers, in order to protect them against sexual violence, and avoid the detention of pregnant women and breastfeeding mothers;
- 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
- Men
- Persons on the move
- Women
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 72h
- 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 does not allow for the detention of unaccompanied children and that detention of children is permitted only as a measure of last resort and only when it has been determined to be in the best interest of the child, for the shortest appropriate period of time and in conditions that ensure the realization of the rights enshrined in the Convention on the Rights of the Child. Children under administrative detention should be separated from adults, unless they can be housed with relatives in separate settings. Children should be provided with adequate food, bedding and medical assistance and granted access to education and to open air recreational activities. When migrant children are detained, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty and the United Nations Standard Minimum Rules for the Administration of Juvenile Justice should be strictly adhered to. The detention of children whose parents are detained should not be justified on the basis of maintaining the family unit: instead, alternatives to detention should be applied to the entire family;
- 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
- 2012
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
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
Paragraph