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The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 46
- Paragraph text
- Through resettlement programmes for refugees and the provision of humanitarian visas and other opportunities, it is well within the means of States to develop the mechanisms necessary for providing resettlement opportunities to refugees. A worldwide, well-governed distribution key that provides resettlement programmes for refugees and humanitarian visas and other opportunities will create a reliable long-term programme and ensure that a large number of refugees will seek resettlement rather than spend large sums of money and risk their lives and those of their children in smuggling operations. This would considerably reduce the market for smugglers, as well as the cost of refugee status determination procedures in the countries of destination.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 63
- Paragraph text
- Migrants face discrimination and exploitation in the workplace and sometimes experience forced labour. They often find themselves in debt bondage as a result of exorbitant recruitment fees. Nevertheless, migrants most often do not seek redress for the violations of human rights and labour standards that they suffer, owing to their limited command of the local language, their lack of knowledge of the laws and systems, cultural barriers and the fear of detection, detention and deportation. This holds especially true for the most precarious migrants, including undocumented migrants, temporary migrant workers in sponsorship programmes and live-in migrant domestic workers, most often women.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 64
- Paragraph text
- Immigration legislation and regulations often restrict considerably the access of migrants to effective recourse and remedies, thus limiting their access to justice. Perpetrators of abuse, exploitation, violations of rights and violence against migrants too often benefit from practical immunity. Effective and accessible justice systems can be tools to overcome exclusion, discrimination and marginalization, through the development of progressive case law on economic and social rights, the enforcement of the human and labour rights of migrants and the systematic enforcement of laws prohibiting their exploitation by private or public actors.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 45
- Paragraph text
- Opening up more regular migration channels for migrants at all skill levels would considerably reduce undocumented migration and limit the power of smuggling rings. Allowing people to look for work on the regular labour market would present opportunities for both employers and workers. Abolishing sponsorship-based temporary migrant worker programmes and providing open work visas would considerably reduce labour exploitation.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 26
- Paragraph text
- Economic research also demonstrates that migrants complement rather than compete with citizens, therefore generating greater overall productivity within the economy. In a study, the impact of the global recession was shown to decrease but not eradicate this positive phenomenon, disproving the argument that an economic downturn justifies repressive policies against migrants. Although some nationals may be displaced by migrants in small and other specific labour markets, it is better to address such marginal consequences through retraining policies rather than by trying to curb migration.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 18
- Paragraph text
- In order to regulate mobility effectively, States are required to adopt a whole-of-government approach to migration, taking into account all aspects thereof, including all benefits and challenges in terms of economic growth, demographic changes, cultural diversity, social integration, human rights and respect for the rule of law. By taking a long-term strategic approach, States will be better positioned to respond to the significant imminent demographic, economic, social, political and cultural challenges.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40b
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Reduce the transaction costs of migrant remittances to less than 3 per cent and the elimination of remittance corridors with costs higher than 5 per cent by 2030 (target 10.c);
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 57
- Paragraph text
- The return of migrants who do not meet the required international or national legal standards to remain in their host country must be conducted in safety, with regard to dignity and respect for human rights, on the basis of: (a) the primacy of voluntary returns; (b) cooperation between States of origin and reception; and (c) enhanced reception and reintegration assistance for those who are returned. Children, whether unaccompanied, separated or accompanied by their parents or other caregivers, should only be returned or repatriated when it has been determined to be in their best interest through an appropriate procedure before a competent institution with proper representation of the child. Families should never be separated unless separation is necessary to ensure the best interest of the child.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 58
- Paragraph text
- It is a worrying trend that immigration detention is extensively used as a border management and deterrence tool against migrants and too often as a means to prevent their access to justice. In line with international human rights law, freedom must be the default position and detention the exception, used only as a measure of last resort. Detention must be reasonable, necessary, proportionate, decided on a case-by-case basis and enforced for the shortest possible period of time. Administrative detention can be justified only if an individual presents a danger to the public or risks absconding when their presence is necessary in further proceedings, and such determinations must be made individually and on the basis of evidence. Furthermore, when detention becomes a routine measure of border enforcement, it may be, per se, arbitrary insofar as it is neither an exceptional measure of last resort, nor based upon a meaningful individualized assessment of risk.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 61
- Paragraph text
- Unaccompanied migrant children and families with children must never be detained for reasons relating to their administrative immigration status. The detention of children, even for short periods, can have severe psychological consequences for their development. The Committee on the Rights of the Child and other human rights mechanisms have made it clear that immigration detention can never, ever, be in the best interest of a child and that the immigration detention of children, whether unaccompanied or with their families, always constitutes a violation of their rights. Consequently, both unaccompanied migrant children and families with children should always be provided with alternatives to detention.
- 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
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Mandatory detention of migrants is abolished;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 81
- Paragraph text
- Migration is here to stay. The inclusion of migration in the Sustainable Development Goals demonstrated the importance of migration today and the commitment of States to addressing it. The unprecedented number of undocumented cross-border movements has resulted in increased deaths, violence and suffering at borders and at every stage of the migratory process over the past few years. Such events have clearly shown that the status quo in the approaches of States to border control and migration is not sustainable if the objective is to reduce suffering and deaths. They have also underlined the increasing importance of migration. In the high-level plenary meeting on addressing large movements of refugees and migrants and its outcome document, the New York Declaration, migration was firmly established as a priority issue within the United Nations system, and the need of States to commit to the protection of the human rights of migrants and improved global migration governance was acknowledged.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 68
- Paragraph text
- Access to public services, such as health care, education, local police, social services, public housing, labour inspection and health and safety inspection, is key to ensuring that such services are able to perform their mission with the trust of all beneficiaries, including migrants, and that migrants do not fear detection, detention and deportation. Too frequently, immigration enforcement services enlist other public services as auxiliaries for the detection of undocumented migrants or gain access to their databases. Unless firewalls are established between public services and immigration enforcement, vulnerable migrants will never report human rights violations, and perpetrators will benefit from practical immunity.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 69
- Paragraph text
- In the light of the fact that migration is most often an urban phenomenon, cities are best placed to ensure the integration of migrants. Municipal authorities, which are close to the needs and interests of the whole community, have already developed excellent policies and practices and shown leadership in integrating migrants into the population through their policies, without distinction of any kind. Local authorities in over 40 countries allow some form of local electoral involvement of migrants in order to increase government accountability to migrants who cannot vote even though they work, pay taxes and assume other civic responsibilities. Such initiatives would help to integrate them into their new communities and ensure their access to basic services at the municipal level through participation in decision-making processes that affect their lives.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 71
- Paragraph text
- The view and labelling of migrants as illegal is counterproductive and is not supported by international law. Although migrants who arrive in countries of destination without documents may be considered to be in an irregular situation, undocumented or unauthorized, they have not committed a criminal act. A human being cannot be intrinsically illegal, and naming anyone as such dehumanizes that person. Characterizing undocumented migrants as illegal has undoubtedly legitimized policies that contradict human rights guarantees, such as criminalization and prolonged detention. It has also had an impact on the general public’s perception of migrants and contributed to xenophobia, discrimination and violence.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.2
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Implement a human rights-based approach to migration and border management, ensuring that the rights of all migrants are always the first consideration
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (d)
- Paragraph text
- [Provide effective access to justice for all migrants] Increased number of prosecutions for human trafficking, labour exploitation and forced labour targeting migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 20
- Paragraph text
- According to United Nations statistics for 2015, approximately 244 million people were living outside their countries of origin worldwide, including almost 20 million refugees. Despite a 41 per cent increase compared with 15 years ago, this figure accounts for only 3.3 per cent of the global population in 2015, against 2.8 per cent in 2000. The rate of migration actually slowed down during the period from 2010 to 2015, in contrast to the previous five-year period. Between 2000 and 2015, Asia was the region that received the highest number of additional migrants, with a total of 26 million.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 50
- Paragraph text
- Underground labour markets act as a magnet for undocumented migration at the request of exploitative employers and constitute a major pull factor for exploited migrant workers and a key trigger of the smuggling market. It is, however, difficult to reduce those markets significantly owing to the favourable impact of lower labour costs on certain economic sectors, in particular the construction, agriculture, caregiving, hospitality, fisheries and extraction industries, the acquiescence of consumers, the indifference of politicians and the absence of complaints by migrants owing to their fear of detection, detention and deportation. Nevertheless, action needs to be taken to achieve mobility without distortions to the labour market, which would entail considerably reinforcing labour inspection mechanisms, vigorously targeting exploitative employers and empowering migrants to defend their rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 56
- Paragraph text
- Effectively ensuring the proper protection of the human rights of migrants is not possible in the absence of well-functioning asylum systems and of adequate and appropriate infrastructure for managing large movements of migrants. Despite legal prohibitions, pushbacks and refoulement to countries of origin and third countries with weak rule of law and poor asylum systems have been improperly conducted under the broad auspices of bilateral agreements. States must not return anyone under a readmission agreement without effective oversight by a post-return human rights monitoring mechanism that verifies whether the human rights of returnees are actually respected.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Provide effective access to justice for all migrants] Increased number of court fee waivers for all those who cannot afford them, including 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 66
- Paragraph text
- Newly arrived migrants could face a variety of challenges in accessing public services, such as health care, education or housing, given their limited command of the local language and their lack of knowledge of the laws and systems of the host country. The enjoyment of such rights by migrants is effectively hampered in the absence of relevant support, such as the provision of language training or free information on relevant laws and regulations. A related concern is the lack of disaggregated indicators on the economic, social and cultural rights of all migrants, which would be useful for adequate policy-making, including on enhancing the accessibility of such services.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 67
- Paragraph text
- Migrants may be more vulnerable to poor health by virtue of their often low socioeconomic status, the sometimes harrowing process of migration and their vulnerability as non-nationals in the new country. The mental health of migrants is an issue of concern, with factors such as human rights violations before or during the migration process, social isolation caused by separation from family and social networks, job insecurity, difficult living conditions, detention and exploitative treatment potentially having adverse effects. Migrant women and girls often experience more problematic pregnancy and gynaecological health issues as compared with the host population. Those working in domestic services face widespread physical, sexual and psychological abuse and thus require urgent health care and protection. Access to health care for migrants and the level of such care, however, varies enormously, depending on State policies and the immigration status of the migrant.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Girls
- Persons on the move
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 83
- Paragraph text
- The Special Rapporteur considers the global compact for safe, orderly and regular migration, which is to be presented for adoption in 2018, as the beginning of a long-term, 15-year agenda, complementary to the 2030 Agenda for Sustainable Development and aimed primarily at implementing targets 10.7 and 8.8 of the Sustainable Development Goals. The objective is to provide States with short-, medium- and long-term achievable goals and targets aimed at facilitating migration and mobility and protecting the human and labour rights of migrants, as requested in the 2030 Agenda.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (d)
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Significant investment is made in mechanisms for providing information and education on a culture of diversity, the focus of which is to create awareness of the cultural, social and economic contributions of migrants, support the reintegration of migrants and their families into their countries of origin, empower marginalized groups, including migrants, in the social, political and economic fields, and empower migrants to combat all forms of discrimination, labour exploitation, abuse, xenophobia, violence and related intolerance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 74
- Paragraph text
- States must increase the harmonization and coordination of the collection and analysis of migration data sources in order to develop a systemic picture. They must provide for inclusive processes that allow for a robust public debate, including through national consultations, and that promote a better understanding of the needs of migrants in terms of human and labour rights protection. This will allow States to develop more targeted programmes and more suitable mobility options and to measure effective progress for migrants, especially those who are socially marginalized, economically excluded and politically invisible. Such processes and data collection will constitute an important contribution to the 2030 Agenda for Sustainable Development.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 76
- Paragraph text
- Data collection should be focused on the human rights aspects of migration and preferably be disaggregated by all prohibited grounds of discrimination, including by income, urban or rural area, sex, age, disability, nationality, sector of employment and legal status. Disaggregation by itself, however, does not automatically result in the reduction of inequalities. It is the action of policymakers in response to the information revealed by disaggregation that can result in the required change, which must then be reflected when setting targets and indicators.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 60
- Paragraph text
- The impact of prolonged detention, coupled with the frequently inhuman detention conditions (namely, overcrowding, unsanitary personal hygiene facilities and kitchens and insufficient access to health care, family members, lawyers, international or civil society organizations and physical and recreational activities), has a devastating effect on the physical and mental health of migrants. Long periods of immigration detention can also lead to sustained barriers to the ability of migrants to claim their economic and social rights, even after having been released.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Social & Cultural Rights
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.3.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Respect and protect the human rights of all migrants at borders, both at entry and return, with special attention paid to vulnerable groups, such as unaccompanied children, families with children, pregnant women, persons with disabilities, asylum seekers, refugees, potential victims of trafficking and elderly migrants
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 33
- Paragraph text
- In effect, States must reclaim the mobility market from the smugglers and adopt measures to regularize undocumented migrants. Migrants do not want to be undocumented or use smugglers, but are forced to do so owing to a lack of regular, safe, accessible and affordable mobility options. They would rather pay a reasonable fee to a visa officer than suffer extortion at the hands of smugglers. They would adapt to the requirements of States for access to regular mobility solutions within a reasonable time and arrive at border posts, presenting official identity and travel documents in good order, rather than embarking with their families on a journey riddled with suffering. They would work in official labour markets, even for the minimum salary, instead of being exploited and abused in underground labour markets. Well-designed mobility policies are needed to induce this virtuous cycle.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 29
- Paragraph text
- Rather than addressing the reasons behind migration, States often respond to increased migration movements by creating and progressively increasing barriers to mobility, with a focus on securitization, repression and deterrence policies. Their central objective has been to secure their borders by building fences, using violence to stop undocumented population movements across land and sea borders, using long-term detention as a deterrence tool and carrying out collective expulsions to countries of origin and transit, all of which are too often conducted without sufficient assessment of individual protection needs and adequate oversight. Moreover, States have moved their border management activities beyond their territorial borders, extending them to the high seas and third countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 31
- Paragraph text
- The continued ineffectiveness and the paradoxes of border management and the lack of a coherent human rights-based framework for migration have been vividly and visibly exposed by the tragic deaths of migrants in transit, propelling the issue of the human rights of migrants into the spotlight. Suffering is also experienced at all other stages of migration. The repression of undocumented migrants and the externalization of borders do little but increase the suffering of migrants and have the effect of entrenching smuggling rings and exploitative recruiters and employers. Migrants will continue to arrive. The only solution is to adopt well-managed migration policies that facilitate the mobility of migrants and provide States with the border control that they need.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 80
- Paragraph text
- In order to facilitate the implementation of the agenda by States, the Special Rapporteur also supports the proposal made in the report of the Special Representative of the Secretary-General on Migration (A/71/728) with regard to financing through a collective fund. As stated in paragraph 34 of the present report, similar long-term strategies exist for the environment, trade and energy. Similarly, as outlined in the report of the Special Representative, a dedicated financing facility would be needed to support capacity development for the implementation of migration-related international commitments. The Special Rapporteur welcomes the opening of the Sustainable Development Goals Financing Lab, which is aimed at mobilizing the resources needed to support the world’s long-term sustainable development objectives, including in relation to 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 65
- Paragraph text
- Facilitating effective access to justice 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, changing perceptions regarding migration by combating stereotypes. When migrants actually go to court and the court proclaims that migrants have rights, citizens and Governments do listen. Conversely, States must ensure that labour inspections target exploitative employers rather than exploited migrant workers. The key to ending the practical immunity of all those who abuse and exploit migrants in a precarious situation is to ensure effective access to justice for migrants. Tools need to be made available to overcome systemic barriers to the right to an effective remedy, such as a lack of unionization or representation, a lack of local language skills, limited awareness of and information about rights and means of redress and significant resource constraints in the form of a lack of legal aid and of translation and interpretation services.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40a
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Protect labour rights and promote safe and secure working environments for all workers, including migrants, especially women migrants, and those in precarious employment (target 8.8);
- 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
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 13
- Paragraph text
- Given that the global compact for safe, orderly and regular migration will be submitted for adoption in 2018, the agenda could be launched in 2020 following a two-year preparatory process. The agenda would encompass a modest but achievable number of universal goals aimed at protecting the human rights of migrants and facilitating mobility in the subsequent 15 years, with precise targets and indicators, realistic timelines and benchmarks and effective accountability 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 73
- Paragraph text
- Mobility and diversity create complex issues that require sophisticated policies, a long-term vision, targeted investments and nuanced discourses. Until now, with a few exceptions, these requirements have not been met even though strong integration policies, efficient equality and anti-discrimination mechanisms, vigorous countering of hate speech, access to justice for all and the promotion of diversity at all levels are urgently needed in order to ensure that migrants become active citizens.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 38a
- Paragraph text
- [Such facilitated mobility would have obvious advantages, including the fact that it would:] Significantly reduce the market for smugglers and unethical recruiters;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 4.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 4. End the use of detention as a border management and deterrence tool against migrants
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 8.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 8. Increase the collection and analysis of disaggregated data on migration and mobility
- 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
- N.A.
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 25
- Paragraph text
- Migrants are drivers and enablers of development, contributing to economic growth wherever they go. Studies show that immigration has a minimal impact on unemployment among residents in host countries and a positive overall impact on employment generation and investment. Increasing evidence suggests that migrants contribute more in direct and indirect taxes than they consume in government benefits. In 2015, migrants sent approximately $601 billion in remittances, some $441 billion of which developing countries are estimated to have received, nearly three times the amount of official development assistance.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 27
- Paragraph text
- Although the economic incentives to migrate are diverse and, for many, very strong, they are constantly evaluated and scrutinized by potential migrants. It is true that most migrants try to go to countries where there are jobs and where they can start integrating into society and creating a future for themselves and their families. It is equally true that prime destination countries have jobs available for migrants in the official or underground labour markets. Migrants respond to the demand for labour, and, under normal circumstances, when demand declines in a particular area, so does migration to it.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (d)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Alternatives to detention are created and expanded;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 8
- Paragraph text
- On 19 September 2016, the General Assembly held a high-level plenary meeting on addressing large movements of refugees and migrants, at which the New York Declaration for Refugees and Migrants (resolution A/71/L.1) was adopted. The Declaration establishes a two-year process leading to an international conference in 2018 at which two global compacts, one on refugees and the other for safe, orderly and regular migration, will be presented for adoption. The Special Rapporteur sees the adoption of the global compact for safe, orderly and regular migration not as the end of the process, but as the beginning. As part of the global compact, the Special Rapporteur calls upon States to go beyond the Declaration and impulsive reactions on the basis of what they perceive to be the current problems and to develop a human rights- and evidence-based governance framework for international migration and mobility.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 9
- Paragraph text
- The Special Rapporteur takes note of the positive development of migration and mobility being discussed within the framework of the United Nations, which has resulted in the inclusion of migration-related targets in the Sustainable Development Goals and the New York Declaration, in which States reaffirmed their commitments to the protection of the human rights of migrants and to the establishment of a global compact for safe, orderly and regular migration. The Special Rapporteur stresses the importance of ensuring that the commitment of States to the protection of the human rights of migrants is upheld and translated into the adoption of the global compact.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 49
- Paragraph text
- Migrants, especially those with a precarious residence status, are vulnerable to abuse and labour exploitation. Certain categories of migrants, such as migrant women and children, temporary migrant workers and undocumented migrants are more intrinsically vulnerable to abuse, violence and exploitation. The physical, sexual and psychological abuse of female migrant domestic workers appears to be widespread, and they are often exposed to health and safety threats without being provided with adequate information and support. For most migrants, it can be very difficult or impossible to obtain meaningful access to an effective remedy for rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 84
- Paragraph text
- The long-term strategy would start in 2020, which could be designated as the “International year for safe, orderly and regular migration for all”. The strategy could be called the “2035 agenda for facilitating human mobility”. The Special Rapporteur recommends the adoption of eight practical and achievable goals, with appropriate targets and indicators, as his contribution to the 2035 agenda. He acknowledges that these goals and targets could be further refined and must be developed in full recognition of the challenges that States are facing in their endeavour to establish a global framework for rights-based global migration governance.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 85
- Paragraph text
- The Special Rapporteur recommends a consultative process led by the United Nations to further develop goals and targets. Such a process would include the participation of experts, the business community, civil society organizations and migrants themselves. It would build upon the principles and guidelines, supported by practical guidance, on the human rights protection of migrants in vulnerable situations within large and/or mixed movements developed by the Global Migration Group. The guidance could form an important starting point for the development of goals and targets, given that it is derived from existing obligations under international law and is aimed at assisting States and other stakeholders with regard to the refinement, strengthening, implementation and monitoring of measures to protect migrants in vulnerable situations.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 75
- Paragraph text
- In order for meaningful national plans, policies and programmes to be developed and implemented, States must focus on collecting and assessing data on the human rights situation of migrants, from sources such as censuses, population, labour force and household surveys, administrative records, public services, the justice system, national human rights institutions, trade unions and civil society organizations. The participation of hard-to-count migrant populations, such as short-term, circular, undocumented and child migrants and trafficked persons, in the design of surveys and other data collection instruments and in the dissemination and analysis of data will improve the relevance and quality of data.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 78
- Paragraph text
- Implementing the 2035 agenda for facilitating human mobility would require an explicit whole-of-government approach by each State, cooperation among all levels of government, including municipal authorities, and a global collaboration among all States to fulfil their duties and responsibilities, as well as a global partnership between States and other key stakeholders, such as the business community, trade unions, civil society and migrant associations. The progress in the implementation thereof would be monitored and reported by States periodically at the national, regional and global levels.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 4.5.
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Promote, develop and make use of viable, rights-based alternatives to detention
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 34
- Paragraph text
- In order to respond to the complexity of human mobility, as explained above, States are required to develop a long-term strategic vision of what their mobility policies will look like in a generation from now, with precise timelines and accountability benchmarks. Such a long-term vision is similar to the strategic planning of States for policies on energy, environment, trade, food security, public transit, infrastructure and industries, in order to determine the investments needed to achieve the objectives.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 35
- Paragraph text
- The Special Rapporteur suggests that States should also develop such a vision for migration policies. The timeline for migration policies always seems to be based on the now, with States focusing on “stopping migration now”, “sending back migrants now” or “bringing in technicians or low-skilled migrant workers now”. The Special Rapporteur proposes a more considered, fact-based response to push and pull factors with a 15-year vision for how mobility could be effectively governed, which would allow States to take well-planned action in response to a so-called crisis.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40c
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies (target 10.7);
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40e
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Promote the rule of law at the national and international levels and ensure equal access to justice for all, including migrants (target 16.3);
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40g
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Increase significantly the availability of high-quality, timely and reliable data disaggregated by, among other things, migratory status by 2020 (target 17.18).
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.1.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Protect the lives and safety of migrants and ensure the rescue of and immediate assistance to all migrants facing risks to life or safety, in accordance with the principles and practical guidance on the protection of the human rights of migrants in vulnerable situations (A/HRC/34/31), by developing and effectively implementing procedures and guidelines
- 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
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (g)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] International cooperation is reduced on immigration policies of externalization according to which migrants are prevented from moving on and obliged to remain in countries of transit in which their rights are not respected, and all international cooperation on immigration policies includes the strengthening of the national human rights systems and institutions of countries of origin and transit;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 79
- Paragraph text
- Systematic follow-up and review at the global level would be conducted during the General Assembly High-Level Dialogues on International Migration and Development to ensure that the implementation of the agenda stays on course. Given that the Millennium Development Goals were followed by the more ambitious Sustainable Development Goals, the 2035 agenda would also be expected to pave the way for a more ambitious agenda in order to make a meaningful and progressive impact on the lives of future generations.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 87
- Paragraph text
- A longer-term strategy will require long-term investment in order to ensure the effective implementation and monitoring of all eight goals. The implementation of such an agenda within the framework of the United Nations would require the existing bilateral, regional and global cooperation mechanisms to be strengthened. This would ensure accountability, monitoring and oversight, while creating a clear link to the formal normative monitoring mechanisms established within the United Nations.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 38c
- Paragraph text
- [Such facilitated mobility would have obvious advantages, including the fact that it would:] Provide the opportunity to show the electorate of destination countries that borders are respected, that authorities are managing migration properly, that employers are integrating migrants into the labour market, that investments have been made in integration programmes and that the fearmongering discourse of nationalist populists is based on stereotypes, myths and fantasies that can be countered by facts.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 37b
- Paragraph text
- [Solutions to human mobility needs can be developed along two major axes, as outlined by the Special Rapporteur in previous reports:] Recognizing real labour needs and opening up considerably more visa opportunities or visa-free travel programmes for migrant workers at all skill levels. With appropriate selection and organization, the numbers would be entirely manageable.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.6.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Facilitate labour mobility for migrants at all skill levels through regional organizations, regional consultative processes, bilateral and regional agreements for the free movement of persons and bilateral and regional trade agreements
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.7.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Ensure that appropriate governance of migration promotes the optimal matching of job skills to jobs and of labour supply to labour demand between countries
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.8.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Counteract deskilling and increase the proportion of migrants who are working at the skill level that is most relevant to their education, training and work experience, so as to facilitate their integration into the local labour force and their reintegration into the labour market in the country of origin
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 12
- Paragraph text
- The Special Rapporteur envisions an agenda that, building on target 10.7, outlines how human mobility can be facilitated effectively and underlines the importance of taking a long-term strategic approach to developing more accessible, regular, safe and affordable mobility policies and practices that will place States in a better position to respond to the significant demographic, economic, social, political and cultural challenges that lie ahead.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- All
- N.A.
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.10.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Systematically implement post-return human rights monitoring and ensure that such monitoring is part of every readmission agreement
- 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
- N.A.
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Increased number and proportion of migrants protected as a result 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Considerably reduced number of undocumented migrants who are killed, injured or become victims of crime or violence while seeking to cross maritime, land and air borders;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (e)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increased number of information campaigns that promote decent work and the protection of the human and labour rights of all 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (j)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Collection and analysis of disaggregated data on all aspects of border management, including return of migrants.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 59
- Paragraph text
- The increasing practice of migration detention is not automatically accompanied by assurances of legal guarantees and basic human rights protection for detainees. The access of migrants to justice is severely hampered by a failure to guarantee appropriate detention safeguards for vulnerable individuals and access to proper legal representation, legal aid, consular services, interpretation and translation services and effective remedies.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 6.1.
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Establish firewalls between immigration enforcement and public services, thereby allowing for access to justice, housing, health care, education, police, social and labour services for all migrants, without fear of detection, detention and deportation
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.1.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Effectively protect the labour rights of migrants, including by ensuring equal opportunity and treatment in employment, in compliance with international labour standards
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.2.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Implement policies that effectively sanction employers who exploit migrants, and increase the share of migrants who benefit from cross-border recognition of skills and qualifications and the portability of social security benefits
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Increased number of countries that have developed national and municipal legislation, policies, plans and programmes on equal access to services for all migrants, allocated the powers and resources needed for the integration of migrants and established firewalls between immigration enforcement and public services;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 86
- Paragraph text
- The Special Rapporteur proposes that States also develop inclusive processes so as to allow for national consultations that foster better understanding of and adaptation to each goal, target and indicator, according to national contexts, taking into account and carrying the voice of migrants in particular.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 4.3.
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Expeditiously and completely end the immigration detention of children and their families, and protect the rights, dignity, welfare and best interests of migrant children in all cases
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 7.3.
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Establish at all levels of government, including municipal authorities, inclusive institutions, policies and practices that recognize and value all forms of diversity
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 5.5.
- Paragraph text
- [Provide effective access to justice for all migrants] Ensure equal access for all migrants to reliable legal information, effective legal aid, competent and affordable legal representation and competent interpretation and translation services
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 5.6.
- Paragraph text
- [Provide effective access to justice for all migrants] Reduce crime and violence against migrants during their migration journeys and in destination countries, and ensure effective protection and assistance to victims of exploitation and abuse
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [Provide effective access to justice for all migrants] Increased proportion of cases in which migrants were effectively provided with competent legal representation, adequate legal aid and proper translation and interpretation services;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 47
- Paragraph text
- In order to introduce a human rights-based approach to the mobility of human resources in the negotiation of bilateral and multilateral trade agreements, States should, in partnership with the business communities involved, considerably enlarge the elements of human mobility and labour migration in trade negotiations, and representatives of migrants should be offered meaningful opportunities to comment on draft trade agreements as key stakeholders.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 48
- Paragraph text
- Much of the labour exploitation that migrants suffer is linked to recruitment agencies. In accordance with international human rights standards, private actors must, as a minimum, respect the human and labour rights of their workers. The private sector, including recruitment agencies and employers, plays an important role in the labour exploitation of migrants and must therefore be part of the solution.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 39
- Paragraph text
- The inclusion of migrants in the Sustainable Development Goals demonstrated that all States without a doubt acknowledged the importance of better-governed mobility. Given that the process is already under way, the Special Rapporteur proposes harnessing the energy of this existing process and developing recommendations on how it can be further developed for migration.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 16
- Paragraph text
- The Special Rapporteur proposes a fundamental shift in the way that migration is perceived and framed. Migration itself is a natural part of human existence; it is neither a crime nor a problem, and it has the potential to be a solution. Accordingly, migration governance is not a matter of closing off borders and keeping people out, but one of regulating mobility by opening accessible, regular, safe and affordable migration channels and promoting and celebrating 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 19
- Paragraph text
- Political rhetoric on migration most often does not reflect reality, notwithstanding facts and figures to the contrary. Such rhetoric shapes public perceptions of migration. Any attempt to develop an agenda for migration should therefore outline, for populations of all countries and for their politicians, an inspiring narrative of how well-governed mobility could contribute to the prosperity and stability of society.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 21
- Paragraph text
- Ageing populations in some regions have caused a shift in demographics leading to labour shortages. From a purely economic perspective, such demographic shifts will add pressure and impetus to the need to balance labour supply and demand, clearly contradicting the common conception that migrants are “job stealers”.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Time frame and coverage of national policy on ending criminalization and externalization approaches to migration control, which aggravate the precarious condition of 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (d)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased number of bilateral and multilateral visa facilitation and liberalization agreements, including for visits, work, job searches, family reunification, refugee resettlement, humanitarian activities, studies, internships, retirement and other purposes;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (d)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Regular revision of bilateral and regional readmission agreements to ensure their compliance with international human rights standards, thus protecting the needs and 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (e)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Policies and practices aimed at detecting vulnerabilities and assessments of the protection needs of migrants arriving at international borders are implemented and followed up with appropriate protection measures;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (f)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Laws, policies and practices that criminalize undocumented migration are abolished and replaced by legislation and regulations that qualify undocumented entry as an administrative rather than a criminal offence;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (h)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Returns are decided after following a strict procedure in which the migrant is duly represented, has access to appropriate legal assistance and interpretation services and has an effective opportunity to explain why a return would not be in respect of his or her 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (f)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Mutual recognition of foreign educational qualifications, including through the conclusion of bilateral and multilateral agreements;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (i)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Number of low-skilled workers, especially migrant women and children, who file complaints of labour exploitation and obtain compensation;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Women
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (j)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Number of unionized migrants involved in collective bargaining in the economic sectors in which they are traditionally exploited;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (k)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Number of migrants with equal access to social security and benefiting from the cross-border portability of earned social security benefits, such as pensions, including through the conclusion of bilateral and multilateral agreements;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Decreased number and proportion of migrants who are victims of xenophobic crime, including bias-driven violence;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Increase the collection and analysis of disaggregated data on migration and mobility] Disaggregated data showing the proportion of migrants who have reported cases of violations of their rights, including forced labour, discrimination and violence, and the proportion of victims who received compensation is made available and more precise.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 82
- Paragraph text
- The global compact for safe, orderly and regular migration offers an opportunity for better migration governance that enables States to develop clear, long-term and evidence-based migration policies ensuring full protection of the human rights of all 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 38b
- Paragraph text
- [Such facilitated mobility would have obvious advantages, including the fact that it would:] Enable all security checks by intelligence agencies to be made in a timely manner and mostly in the destination country;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (e)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased number of regional and bilateral mobility agreements;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (h)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased number of accessible visas and work permits provided at all skill levels;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (i)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased regulation and effective monitoring of the recruitment industry;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (e)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] The proportion of migrants who are released into non-custodial alternatives to detention is considerably increased;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 5.3.
- Paragraph text
- [Provide effective access to justice for all migrants] End discrimination and inequalities for all migrants in the legislation, policies and practices that regulate access to justice
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Paragraph text
- [Provide effective access to justice for all migrants] Increased number of complaints filed by migrants of human and labour rights violations, discrimination or abuse with any judicial or quasi-judicial institutions;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (e)
- Paragraph text
- [Provide effective access to justice for all migrants] Increased number of cases in which migrants are offered special visa protection or other protective measures for victims of trafficking and forced labour.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 6.4.
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Ensure access for all migrants to adequate, safe and affordable housing and to other basic services
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 6.5.
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Provide cities with the powers and resources needed for the integration of migrants, regardless of their status and circumstances
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 32
- Paragraph text
- In order to facilitate mobility, States must increase regular channels for migration and the taxation of mobility, through the progressive expansion of visa liberalization and easily accessible visa facilitation regimes and/or schemes, such as refugee settlement, temporary protection, visitor, family reunification, work, resident, retirement and student visas, with all the identity and security checks that efficient visa regimes can provide.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 36
- Paragraph text
- The first step in changing the collective mindset is to accept that migrants will come and go no matter what because of push and pull factors, which, on the whole, are not adequately addressed. Facilitating increased mobility and matching skills to labour needs, as in an accessible, regular, safe and affordable labour market, with appropriate visa systems and security controls, would ensure that most migrants would use regular mobility channels.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 37a
- Paragraph text
- [Solutions to human mobility needs can be developed along two major axes, as outlined by the Special Rapporteur in previous reports:] Developing refugee settlement programmes to serve more refugees than the current 1 per cent. Private sponsorship of refugees should be included in these programmes, because it progressively builds a constituency of nationals who are in favour of welcoming refugees;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.7.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Develop and implement gender- and age-sensitive guidelines to protect migrants in precarious situations
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 7.5.
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Develop and implement campaigns at the national and global levels to counter xenophobia, discrimination, racism and violence against all migrants
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Inclusive institutions, policies and practices are in place at all levels of government, including the municipal level, to promote diversity, pluralism and multiculturalism as essential features of contemporary societies;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Increased number of migrants who are granted remedies in compensation for discrimination, hate speech or violence;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 77
- Paragraph text
- Migration governance institutions should be able to ensure that the data, including the identities of those who participated in the production thereof, are protected and kept confidential. The right of migrants to privacy needs as much protection as that of citizens.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 8.1.
- Paragraph text
- [Increase the collection and analysis of disaggregated data on migration and mobility] Collect disaggregated data and indicators in all areas relevant to migration, while ensuring data protection and respect for the right of migrants to privacy, in particular by establishing firewalls in order to enable societies to conduct better-informed public debates and States to make evidence-based policy decisions
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [Increase the collection and analysis of disaggregated data on migration and mobility] Promoting the availability of gender-disaggregated data to improve gender equality policies, including gender-sensitive budgeting, in particular with regard to marginalized groups, including migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Increased proportion of migrants with equal access to adequate, affordable, accessible and quality health care, education and housing;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Paragraph text
- [Increase the collection and analysis of disaggregated data on migration and mobility] Capacity-building for the collection, dissemination and use of disaggregated data on the situation of migrants;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] The number of migrants in immigration detention is considerably reduced;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.2.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Adopt and enforce human rights-based, coherent and comprehensive national migration policies to ensure regular, safe, affordable and accessible migration options for all 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.4.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Create multiple labour migration opportunities, including for low-skilled migrants, to incentivize their use of regular migration channels, by establishing common and accessible visa and work permit regimes
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.5.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Abolish all temporary migration schemes, such as those based on single-employer sponsorship mechanisms or kafala systems, in favour of open work visas
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 22
- Paragraph text
- Against the backdrop of a poor economic climate, the rise in nationalist populist parties and the tragic terrorist attacks around the world, xenophobia and hate speech have increased, causing a significant upward trend in negative perceptions of migrants and creating a stumbling block in the development of more efficient evidence- and human rights-based policies.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Movement
- Poverty
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 10
- Paragraph text
- Taking into consideration the current dynamics of push and pull factors and in the light of his observations on the need to facilitate mobility, the Special Rapporteur suggests that the global compact for safe, orderly and regular migration should include provisions on the development of a 2035 agenda for facilitating human mobility under the framework of the United Nations, in parallel to the 2030 Agenda for Sustainable Development (General Assembly resolution 70/1).
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.5.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Facilitate the unionization of and collective bargaining by migrants, especially in the economic sectors in which migrants are in the majority and in the industries in which they are often exploited
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (f)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased number of bilateral and multilateral agreements on migration that provide for human and labour rights safeguards and comply with international human rights and labour standards, including effective complaint and redress mechanisms;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (g)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased number of ex ante human rights impact assessments conducted during trade negotiations to identify and mitigate risks;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (j)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Availability of disaggregated data on all aspects of migration programmes and policies, in particular on undocumented migration and recruitment costs for migrants and employers.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 52
- Paragraph text
- A comprehensive, detailed national migration policy needs to be drawn up and implemented effectively in order to combat labour exploitation of migrants. The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the Multilateral Framework on Labour Migration of the International Labour Organization (ILO) provides useful guidance in that respect.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 6.2.
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Provide equal and equitable access for all migrants and members of their families to adequate, affordable, accessible and quality health care, including mental, sexual and reproductive health care, and to information and education, including on family planning
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 6.3.
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Ensure equal access for all migrants to quality education at all levels in destination and transit countries, and enrolment therein, including formal schooling (primary, secondary and higher education), adult education, on-the-job and vocational training, language training and lifelong learning opportunities
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.3.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Promote the progressive formalization of the informal sectors of industries in which migrants are often exploited, such as construction, extraction, fisheries, hospitality and caregiving
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.4.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Ensure ethical recruitment intermediaries at both ends of the migration process by establishing effective government regulatory frameworks and institutional monitoring mechanisms for the labour recruitment industry and by using all available international cooperation channels
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 70
- Paragraph text
- Mobility and diversity are already and will increasingly be the hallmark of contemporary societies, especially in dynamic urban areas which welcome most of the world’s migration. Often at opposite ends of the social spectrum, the arts community and the business community know that diversity and mobility contribute to the dissemination of creativity, innovation, ideas and know-how and to wealth production.
- 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
- N.A.
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 72
- Paragraph text
- A fundamental shift in how migration is framed is thus required, in both actions and words. Many of the intersecting and negative perceptions of migrants and migration that have pervaded public debates, policies and politics must be challenged. Appropriate language, precise data and policies that promote respect and acceptance of cultural diversity will favour the inclusion of migrants, facilitate their integration and increase their contribution to development.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 7.1.
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Monitor inequalities and discrimination against migrants by establishing and enforcing a policy-specific time frame for the reduction of such acts in laws, policies and practices
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 7.2.
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Prohibit by law acts of violence and manifestations and expressions of racism, discrimination, xenophobia and related intolerance against migrants to ensure the protection of migrants and guarantee their access to means of recourse, redress and remedies
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 7.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 7. Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.1.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Protect the human rights of all migrants, in compliance with international human rights standards
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 51
- Paragraph text
- Proactive regularization procedures should be readily available to help migrants who work and are socially integrated to remain in the country with legal status and to fight exploitation and defend their rights, just like any other workers.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.10.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Facilitate the regularization of migrants who work and are socially integrated
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 2.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 2. Protect the labour and human rights of all migrant workers, regardless of their status and circumstances
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 11
- Paragraph text
- The golden thread of such an approach would primarily be to address targets 10.7 and 8.8 of the Sustainable Development Goals through a rights-based, age- and gender-sensitive plan.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Person(s) affected
- N.A.
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (d)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increased pre-departure and post-arrival training of migrants;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (h)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Number of undocumented migrants who have been regularized;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Judicial appeals of all detention orders are automatically implemented;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.11.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Promote the financial inclusion of migrants, for example, by lowering the costs of remittances and promoting digital financial services, and provide incentives for migrants to engage in trade between countries of origin and destination
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Increased number of countries that have ratified relevant international human rights and labour law instruments providing for the equality of treatment for all migrant workers in respect of employment;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 42
- Paragraph text
- Building upon the experience of his mandate since 2011, the Special Rapporteur presents the following agenda as a road map as a way of demonstrating the content, scale, practicability and scope of a future 2035 agenda. The agenda encompasses eight human mobility goals, together with targets and indicators, aimed at facilitating human mobility while ensuring respect for the human rights of all migrants, regardless of their status, skills, age, gender or sexual orientation.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 44
- Paragraph text
- In the New York Declaration, States committed to “consider facilitating opportunities for safe, orderly and regular migration, including, as appropriate, employment creation, labour mobility at all skills levels, circular migration, family reunification and education-related opportunities”. In order to implement that commitment, they need to develop and implement long-term national migration policies, in line with their obligations under international human rights law, ensuring that regular, safe, affordable and accessible avenues are available for all migrants. The overall goal in terms of governing mobility is for most migrants to use regular channels to enter and stay in destination countries, thereby reducing considerably the size of the underground migrant smuggling market. States must recognize and address what may be termed as the pull factors of migration, such as unrecognized demands for low-skilled labour in economic sectors that are not met locally, and provide safe, regular, accessible and affordable migration channels to meet the demand for such low-skilled jobs. When regular migration channels fail to properly reflect labour market needs, migrants are more likely to be offered undocumented migration solutions by smuggling rings and unethical recruiters and become victims of exploitation and abuse.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 24
- Paragraph text
- A human rights-based approach would have a positive impact on the public discourse and facilitate the integration of migrants into society by changing the general perception of migration as being a burden and expense to being a shared responsibility and valuable investment.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 28
- Paragraph text
- Many factors influence the decisions of migrants as to why, when, to where and how they want to migrate. The main push factors are poverty, violence, discrimination and poor governance. The main pull factors are official or unacknowledged labour needs and family reunification. Public discussion about these factors is, on the whole, extremely shallow, often constituting nothing more than scaremongering about “benefit scroungers” and migrants “stealing jobs”.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Poverty
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (l)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Disaggregated data showing the proportion of migrant workers in the various informal sectors and underground labour markets of the economy;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (m)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Disaggregated data showing the proportion of migrants who have reported cases of violations of their human and labour rights, including forced labour, discrimination and unlawful termination of employment, and the proportion of victims who received compensation.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 53
- Paragraph text
- Human rights are not reserved for citizens; they benefit everyone, everywhere. States must promote and protect the rights of all in their territory or within their jurisdiction, without discrimination, regardless of status and circumstances. While States have the power to admit, refuse to admit or return migrants, they equally have an obligation to respect the human rights of migrants in the process.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (i)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Reintegration programmes are provided for migrants who are returned to their countries of 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 4.1.
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Clearly define and exhaustively enumerate the reasons for immigration detention in legislation, in accordance with international human rights 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 4.2.
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Ensure that the detention of migrants is always a measure of last resort, permissible only when reasonable, necessary, proportionate, decided on a case-by-case basis and enforced for the shortest possible period of time
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Ensure easy access for all migrants to basic services, including education and health] Access to universal health-care coverage, formal education, language training, vocational training and lifelong education, and cross-border recognition of skills and qualifications, thereby facilitating the social and economic integration of all migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Health
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (f)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] All forms of detention of migrant children and their families on the basis of their immigration status or that of their parents are abolished;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (g)
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Increased number of countries having ratified the Optional Protocol to the Convention against Torture and adopted national preventive mechanisms mandated to visit all places of deprivation of liberty within their jurisdiction, including places where migrants are detained.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 5.2.
- Paragraph text
- [Provide effective access to justice for all migrants] Empower migrants to seek and obtain a remedy through the justice system, and strengthen their ability to seek and exercise influence upon law-making and law-implementing processes and 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 5.4.
- Paragraph text
- [Provide effective access to justice for all migrants] Strengthen the capacity of courts, tribunals, national human rights institutions, ombudspersons and other dispute resolution mechanisms to ensure accountability for violations of 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 1.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 1. Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 3.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 3. Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability 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
- N.A.
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.3.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Considerably increase the number of resettlement and humanitarian visa options for refugees
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.5.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Decriminalize undocumented entry and stay
- 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
- All
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 5.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 5. Provide effective access to justice for all 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 43 (Goal 6.)
- Paragraph text
- [The Special Rapporteur proposes the following goals:] Goal 6. Ensure easy access for all migrants to basic services, including education and health
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 17
- Paragraph text
- The Special Rapporteur sees a strong need to regulate mobility, which would facilitate migration and the control thereof, instead of restricting migration movements through the use of pushbacks, interception and detention. States must move from a zero-tolerance attitude to one of harm reduction, thereby undercutting the criminal organizations responsible for migrant smuggling, addressing the security concerns of States and, ultimately, reducing human suffering and saving lives. If States want to regain control over their borders, migrants should be provided with regular, safe, affordable and accessible mobility channels.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 30
- Paragraph text
- Repressive policies and the lack of responses to push and pull factors of migration only serve to create the perfect conditions for underground labour markets and smuggling rings to flourish. States often do not address the reasons why individuals want or need to move from their countries of origin and why employers in destination countries seek to employ them, and yet they have created and progressively increased barriers to mobility. The so-called “migration crisis” is policy driven. Placing restrictions on mobility is part of the problem, not of the solution.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 5.1.
- Paragraph text
- [Provide effective access to justice for all migrants] Ensure and facilitate equal and effective access for all migrants whose labour or human rights are violated to independent, competent, fair, effective, accountable and responsive judicial and quasi-judicial institutions available for protecting rights, controlling abuses of power and resolving conflicts and, in particular, to national courts, administrative tribunals, national human rights institutions, ombudspersons, labour arbitration and other dispute resolution 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 62
- Paragraph text
- Many rights-based alternatives to detention exist, including registration requirements, the deposit of documents, the payment of bonds or bail or the provision of a surety or guarantor, reporting requirements, case management or supervised release, designated residence, electronic monitoring and home curfew or house arrest. A number of countries have moved towards open reception facilities, in particular for vulnerable migrants such as unaccompanied minors and families. However, prolonged immigration detention and its associated negative human rights consequences continue in many countries.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 4.4.
- Paragraph text
- [End the use of detention as a border management and deterrence tool against migrants] Ensure timely and effective access to justice for all migrants in detention, regardless of their status and circumstances, including access to competent lawyers, competent interpreters and translators, legal aid and judicial assistance programmes, non-governmental organizations, consular authorities and asylum procedures, and the effective and independent external monitoring of all migrant detention facilities
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 23
- Paragraph text
- The use of appropriate language and studies, the presentation of facts and policies that favour diversity and the inclusion of migrants are key to facilitating the integration of migrants and their contribution to development and to reducing negative populist representations of migrants. States therefore need to develop a long-term, human rights-based strategic vision and narrative on mobility and diversity that will give meaning, coherence and direction to current and future action.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 14
- Paragraph text
- The Special Rapporteur wishes to recall the New York Declaration, in which States recognized that, in accordance with the obligations of States under international law, refugees and migrants must have comprehensive policy support, assistance and protection and that their human rights and fundamental freedoms and their need to live in safety and dignity must be fully respected.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 15
- Paragraph text
- All migrants should be recognized and treated with respect and dignity as equal rights holders, regardless of their migratory status in relation to the sovereign territory in which they find themselves. Under international law, States have the duty to protect migrants at all stages of the migratory process and to provide them with access to justice to remedy any discriminatory treatment or human rights violations that they experience.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40d
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Promote and enforce non-discriminatory laws and policies for sustainable development (target 16.b);
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 40f
- Paragraph text
- [With that in mind, the Special Rapporteur proposes developing a 2035 agenda for facilitating human mobility, which would translate the 2030 Agenda for Sustainable Development into “bite-sized” and achievable goals, targets and indicators. The 2030 Agenda already refers, in certain Sustainable Development Goals, to the human and labour rights of migrants, including:] Provide legal identity for all, including birth registration, by 2030 (target 16.9);
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 41
- Paragraph text
- On the basis primarily of targets 10.7 and 8.8, the Special Rapporteur intends to recommend that States and other stakeholders develop long-term strategies to fulfil their obligations towards all migrants, including migrants in a precarious situation, as set out in the Sustainable Development Goals.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Time frame and coverage of national policy on enhancing international cooperation to facilitate regular, safe, affordable and accessible migration, in line with human rights standards, including through labour mobility at all skill levels;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.9.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Reduce to less than 3 per cent the transaction costs of migrant remittances and eliminate remittance corridors with costs higher than 5 per cent
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.10.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Consider providing access to permanent residency (or long-term residence permits) and citizenship to all migrants after a reasonable period of effective residence under any temporary migration regime
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.6.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increase effective labour inspection systems with a sufficient number of labour inspectors, who should be well trained in international human rights and labour standards
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.8.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Ensure easy access for all migrants to labour dispute resolution institutions, without fear of detection, detention and deportation
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.9.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Pursue publicly funded social protection policies in critical areas that guarantee the well-being of the entire community, including migrants
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (a)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increased number of countries whose national legislation and policies provide for equality of treatment for all migrants in respect of employment, including through the protection of the labour rights of migrants and their equal access to social security benefits and redress mechanisms;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 54
- Paragraph text
- States must increase their search and rescue capacity and refrain from pushbacks at land and sea borders. The militarization of border control creates unnecessary suffering and leads to violations of human rights and humanitarian law at borders. States need to develop procedures, guidelines or systems for ensuring that search and rescue is implemented as a paramount objective, taking into account what should be done with those who are rescued.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. 55
- Paragraph text
- Upon arriving undocumented in countries of transit or destination, all migrants fall within the category of irregular migrants. Prompt and proper individual screening and assessment procedures are required in order to effectively identify their specific vulnerabilities and determine the legal protection frameworks that meet their needs. The lack of individual assessments and of the possibility for migrants to state their claims, outlining the risks they may face when returned to their countries of origin, creates a potential violation of the international principle of non-refoulement. The Special Rapporteur stresses that the principle is stronger as codified in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as absolute and without exception, than that found in refugee law, meaning that persons may not be returned even when they may not otherwise qualify as refugees under the Convention relating to the Status of Refugees or national law and even when national security is involved. Accordingly, non-refoulement under the Convention against Torture must be assessed independently of refugee or asylum status determinations, so as to ensure that the fundamental right to be free from torture or other ill-treatment is respected even in cases in which protection against refoulement under refugee law may not be available.
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.4
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Conduct full individual assessments for all migrants in order to effectively identify their vulnerabilities and the legal frameworks under which their needs will be met and their rights protected
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.6.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Review national and regional border policies to ensure that the human rights of all migrants at international borders are upheld
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 7.4.
- Paragraph text
- [Protect all migrants from all forms of discrimination and violence, including racism, xenophobia, sexual and gender-based violence and hate speech] Incorporate diversity, whether of origin, transit or destination, into the national narrative of all countries
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.8.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Adopt approaches that reduce the precariousness of migrants, in particular by avoiding the securitization of migration policies and the externalization of border control
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 3.9.
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Returns should be carried out in full respect of international human rights law, in conditions of safety and dignity and with due procedural guarantees
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 1.12.
- Paragraph text
- [Offer regular, safe, accessible and affordable mobility solutions to all migrants, regardless of their status or skill level] Promote a strategy to enable, engage with and empower migrant diasporas and their entrepreneurship
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Ensure respect for human rights at border controls, including return, readmission and post-return monitoring, and establish accountability mechanisms] Pushback operations and collective expulsions are stopped;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Target 2.7.
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increase labour inspections in private households for the protection of migrant domestic workers
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (b)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Reduction of upfront costs for migrants, especially recruitment fees;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (c)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Increased regulation and effective monitoring of the recruitment industry;
- 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
- 2017
Paragraph
The human rights of migrants on a 2035 agenda for facilitating human mobility 2017, para. Indicator (g)
- Paragraph text
- [Protect the labour and human rights of all migrants, regardless of their status and circumstances] Number of migrants who have transitioned from informal to formal sectors of the economy;
- 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
- 2017
Paragraph
Developing the Global Compact on Migration 2016, para. 63
- Paragraph text
- A well-organized migration policy based on mobility and human rights could also help States to enhance their development impact. In 2015, migrants sent approximately $432 billion in remittances. Migrants who moved from countries with a low human development index to countries with a higher development 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 respected, protected and promoted within well-regulated 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 65
- Paragraph text
- The Special Rapporteur underlines that it is important for States to ensure inclusive processes that allow for a robust public debate, including through national consultations, and that promote a better understanding of the needs of migrants in terms of human and labour rights protection. This will allow States to develop more targeted programmes and more suitable mobility options and to measure effective progress for migrants, especially those who are socially marginalized, economically excluded and politically invisible. Such processes and data collection will constitute an important contribution to the 2030 Agenda for Sustainable Development.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 11
- Paragraph text
- Many migrants move voluntarily in a safe and regular manner and live and work in conditions in which their labour and human rights are respected. In some circumstances, families are reunified. Others are forced to migrate as a result of push factors, including poverty, discrimination, violence, conflict, political upheaval and poor governance, and pull factors, including official or unacknowledged labour needs, as explained above, or for family reunification. Children are disproportionately represented among those forcibly displaced. In the context of natural disasters and climate change, migration is increasingly seen as an adaptation measure ensuring resilience through planned mobility. In the process of migration, many face exploitation, discrimination, abuse and other human rights violations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 107
- Paragraph text
- The Special Rapporteur supports such initiatives and notes that a broader framework based on human rights for all migrants is required to encompass these initiatives so as to guarantee a more holistic approach.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 15
- Paragraph text
- The only way to effectively reduce smuggling is to offer more accessible, regular, safe and affordable mobility solutions, with all the identity and security checks that efficient visa procedures can provide.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- All
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 43
- Paragraph text
- Trade unions have been critical partners in the prevention of human trafficking and forced labour. The International Trade Union Confederation and the International Union of Food Workers, for example, have played a critical role in curtailing forced labour in the cocoa industry in Côte d'Ivoire by advocating implementation of the Protocol for the Growing and Processing of Cocoa Beans and Their Derivative Products in a Manner that Complies with ILO Convention No. 182 concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour. A partnership between the confederation of workers Rerum Novarum, of Costa Rica, and the Sandinista Workers' Centre and the Confederación de Unificación Sindical, of Nicaragua, led to the creation of the Trade Union Centre for Migrants, which offers free legal and administrative assistance to all migrant workers seeking regularization and aims to combat trafficking in children by partnering with the local taxi drivers' union.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 72
- Paragraph text
- The Special Rapporteur wishes to provide States with guidance on how to ensure that the trade agreements they conclude are consistent with their obligations towards migrants under international law. The Special Rapporteur understands that there is no blanket solution that will remedy all of the challenges related to trade and migration, but he believes that the systematic inclusion of a series of processes and provisions during trade negotiations would establish a strong institutional framework for the protection of migrants' rights. Such a system would include explicit references to international human rights and labour instruments in trade provisions, the dissemination of information about the draft terms of trade agreements and opportunities for public discourse about trade implications and the collection of reliable data that is made public to better inform trade policies and migration patterns.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 73
- Paragraph text
- The Special Rapporteur underscores the need to conduct human rights impact assessments reflective of the relevant national contexts and capacities (human, financial, political and technical) to determine appropriate provisions relating to general exception clauses, judicial remedies and other compensatory, adjustment, grievance and remedial mechanisms. These arrangements must be accompanied by monitoring and enforcement mechanisms that are developed in consultation with migrants and are continuously monitored to ensure their effectiveness. A national agency designated with independently monitoring all of the relevant ministries involved in migration matters may facilitate a comprehensive understanding of the labour migration experience of migrant workers. The awareness of labour inspectorates, national human rights institutions and ombudspersons regarding the concerns of migrants should also be raised and such entities should be tasked with ensuring that the human rights of migrant workers are being observed in the implementation of trade agreements.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 77
- Paragraph text
- The Special Rapporteur reiterates the importance of collecting reliable data on all aspects of the migrant labour market, including irregular migratory channels, recruitment practices and the informal sector, and data disaggregated by skills, age, gender, race and national origin, among other characteristics. Having such data would allow States to learn about and respond to their actual labour market needs. The inclusion of migration in the 2030 Agenda for Sustainable Development provides a framework for data collection, as States have already collectively agreed that migration is a priority that needs to be continuously monitored. Under target 17.18 of the Sustainable Development Goals, States have agreed to enhance capacity-building support to developing countries by the year 2020 to increase the availability of high-quality, timely and reliable data disaggregated by, inter alia, migratory status.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92i
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States ensure that trade agreements include provisions for migrants to directly access public courts and tribunals, including by ensuring the availability of translation and legal resources for migrants to file individual or collective complaints where their rights have been violated as a result of a trade agreement; and monitor access to labour-related administrative services, tribunals and courts to ensure that migrants do not face obstacles in accessing effective relief for violations of their rights;
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93b
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] Explore, jointly with migrants, migrants' associations and trade unions, opportunities to increase the level of public involvement in the negotiation and drafting of trade agreements, which would include disseminating information during trade negotiations and introducing a range of participatory mechanisms that would enable migrants to submit queries, comment on or take part in the negotiation and drafting of all relevant investment and trade agreements;
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93c
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] When entering into trade agreements, undertake comprehensive ex ante and ex post human rights impact assessments that consider the rights of migrants through direct consultations with migrants, migrants' associations and trade unions, and, on the basis of these assessments, include relevant general exception clauses and other compensatory, adjustment, grievance and remedial mechanisms - which may include minimum wage provisions, welfare funds to support migrant workers, strengthened consular support, voluntary insurance schemes for migrants and other housing or transitional assistance - and termination clauses, among other measures;
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 56
- Paragraph text
- Trade agreements have also enhanced the portability of social security and other acquired rights, promoted the mutual recognition of diplomas, qualifications and skills, supported the education and training of migrants, and lowered the transfer costs of remittances. MERCOSUR guarantees migrants equal civil, social, cultural and economic rights and freedoms as nationals in the destination country, particularly the right to work and to carry out any legal activity. The Ibero-American Multilateral Agreement on Social Security, to which two European and 12 Latin American countries are signatories, covers all persons who have been subject to the social security legislation of any of the signatory States and their family members, and provides for cash benefits in the event of disability, old age, death of a family member and employment-related injury.
- 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
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 60
- Paragraph text
- Migrant children have unique concerns in the context of trade, as they comprise a significant proportion of child labourers in informal sectors, as well as in the commercial sex industry. In 2010, in the context of the trade agreement between Panama and the United States, the National Bureau against Child Labour and for the Protection of Adolescent Workers was established within the Panamanian labour department. The partnership agreement between the members of the African, Caribbean and Pacific States and the European Union, also known as the Cotonou Agreement, provided for the creation of cooperative education programmes towards the elimination of child labour.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Violence
- Person(s) affected
- Adolescents
- Children
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 62
- Paragraph text
- The Special Rapporteur reiterates that the manner in which international trade regulations and negotiations have been dominated by high-income countries has had tremendous consequences for the most vulnerable segments of the population, specifically migrants. Throughout the development of the multilateral trade regime, the protectionist approach to specific sectors has prevented developing economies from reaping the benefits of free trade where they have a comparative advantage in medium-to-low-wage labour. As migrants have continued to move towards high-productivity regions, the economic and political clout of developed countries has seriously undermined negotiations, monitoring and accountability in trade and mobility arrangements. Within WTO, high-income countries have filed the most complaints, largely owing to their superior financial and legal resources. Empirical studies also indicate that, when developing countries sue high-income countries, they tend to experience longer delays between the end of litigation and the beginning of compliance proceedings. In 2009, in recognition of inherent asymmetry in the global economy, heads of the Group of 20 pledged not to repeat the same protectionist mistakes in trade, but the International Monetary Fund reports that during the financial crisis 17 of the 20 countries imposed trade restrictions, distorting aggregate world trade by at least 0.25 per cent ($50 billion per year). As a result of institutionalized inequities, migrants' concerns become even more attenuated in the context of trade, even though trade decisions have a direct impact upon migrants' rights.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 58
- Paragraph text
- The Special Rapporteur stresses that the services sector constitutes the largest employer for women worldwide and believes that well-facilitated and regulated migration can offer women unprecedented opportunities for financial independence and upward mobility. It is promising that regional agreements such as COMESA have prompted the elimination of discriminatory national legislation against women.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Women
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 9
- Paragraph text
- Ageing populations have caused a shift in demographics that has led to labour shortages. In 2010, for the first time, more workers were retiring from the European labour market than joining it. By 2030, if trends continue, the labour shortage in Europe is likely to rise to 8.3 million workers. At the same time, many member States of the European Union have fertility rates below the rate of replacement. Similarly, by 2020, large economies such as Canada, China, the Republic of Korea and the Russian Federation will also face labour shortages.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Person(s) affected
- Older persons
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 74
- Paragraph text
- Human rights impact assessments are particularly useful when considering the human rights of migrants since they emphasize non-discrimination as a key guiding principle and shift the focus away from the aggregate outputs of trade to the impact of trade on the most vulnerable groups. In addition, human rights impact assessments strengthen accountability and empower rights holders. They may include subregional and national assessments, specific case studies and regional surveys, all of which can be critical in assessing the direct and systemic impact of trade on the rights of migrants.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 17
- Paragraph text
- Since 2001, several attempts have been made during the Doha round to expand the classes of workers covered by the General Agreement on Trade in Services, by recognizing developing countries' comparative advantage across specific service sectors and abandoning the economic needs test, which leaves States wide discretion on which workers to admit. Even after the 2015 WTO ministerial conference in Nairobi, however, negotiations have still not resulted in solid commitments to low-wage labour.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 83
- Paragraph text
- The Special Rapporteur stresses the importance of States holding each other accountable for the manner in which their citizens are being treated while abroad. Beyond dispute settlement mechanisms and judicial remedies, States should consider utilizing all of the international human rights and ILO mechanisms to address concerns about the treatment of migrant workers, who would be better protected if trade agreements made explicit reference to international human rights and labour instruments.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 31
- Paragraph text
- The view and labelling of migrants among many stakeholders as "illegal" is counterproductive and is not supported by international law. While migrants who arrive in countries of destination without documents may be in an "irregular situation" or "undocumented" or "unauthorized", they have not committed a criminal act. A human being cannot be intrinsically illegal, and naming anyone as such dehumanizes that person. The conceptualization of irregular migrants as "illegal" has undoubtedly played into the criminalization of migrants and thus to the practice 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, discrimination and violence.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 32
- Paragraph text
- The common conception that migrants are "job stealers" is also a harmful stereotype. Economic research demonstrates how migrants complement rather than compete with citizens, generating greater overall productivity within the economy. A study undertaken over a period of 14 years into the effects of non-European Union migration on 15 Western European countries showed that, by taking manual jobs, migrants pushed European Union nationals towards more highly skilled and better-paid jobs. A significant increase in more complex skills among nationals was noted. The labour market adjusted with no significant impact on the employment rates for European Union nationals. The impact of the global recession was shown to temper but not eradicate this positive phenomenon, debunking the argument that an economic downturn justifies repressive policies against migrants.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 33
- Paragraph text
- Similarly, conceptions of migrants as a "burden" are not based on facts and serve political objectives. Against a backdrop of fiscal and demographic challenges and of austerity policies, discussing external migration as a "burden" and focusing on the need to share this "burden" across different Member States again legitimizes the further securing of borders and encourages negative public attitudes. Economic studies demonstrate that, as workers, consumers and taxpayers, migrants contribute to the economic growth of societies, with very limited downside effects (see A/HRC/29/36). In fact, the perceived "burden" of migration comes predominantly from the financial, technological and human resources necessary to implement counterproductive national security-focused policies and to deal with their unintended, although foreseeable, secondary effects.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 35
- Paragraph text
- A global compact based on the core principles and provisions of international and regional law could stop the widespread suffering of migrants in transit, at borders and in destination countries. Applying the United Nations core values to policies based on fact rather than fiction would lead to migration policies that facilitate mobility and promote diversity. The development of a global compact with a long-term vision supporting a human rights-based framework will become increasingly vital to the internal and external interests of States as they face demographic, societal and labour market challenges. Committing to a global compact that recognizes the benefits of mobility will provide better protection for the human rights of migrants and will better equip States to sustain recovery, encourage growth and further develop global competitiveness.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 36a
- Paragraph text
- [Fully implementing a global compact relying on a human rights-based framework for regular migration therefore involves a number of policy orientations, including:] Increasing search-and-rescue capacity;
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 19
- Paragraph text
- Notwithstanding such negative perceptions, immigration has a minimal impact on unemployment among residents in host countries and a positive overall impact on employment generation and investment: migrants contribute to economic growth wherever they go. Increasing evidence suggests that migrants, including irregular migrants, contribute more in direct and indirect taxes than they receive in the way of services. The use of the appropriate language and studies, the presentation of facts and policies that favour diversity and the inclusion of migrants are key to facilitating their integration and contribution to development and to reducing negative populist representations of 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 21
- Paragraph text
- The Special Rapporteur proposes a fundamental shift in the way that migration is perceived and framed. Migration itself is a natural part of human existence; it is not a crime, it is not a problem, and it has the potential to be a solution. According to this conception, migration governance is not about closing off borders and keeping people out, but about regulating mobility, that is, opening accessible, regular, safe and affordable migration channels and promoting and celebrating diversity. By governing migration instead of restricting it through the use of "push-backs", interception and detention, we move from a zero-tolerance attitude to one of harm reduction, thereby undercutting the criminal organizations responsible for migrant smuggling, addressing the security concerns of States and, ultimately, reducing human suffering and saving lives.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 23
- Paragraph text
- States must also develop a long-term strategic vision of how they want their mobility policies and practices to be, 10 to 30 years from now. Preparing such a strategic vision with appropriate consultations in an inclusive and robust public debate, with full recognition of their human rights obligations and respect for the rule of law for all, will allow States to determine the steps needed to achieve their goals, as well as with realistic timelines and the kind of public discourse needed to convince their electorates. Such a vision will only be legitimate if it is placed within a human rights-based framework that will empower all concerned, including all migrants, to test the legality of mobility policies and practices.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 48
- Paragraph text
- The Special Rapporteur is aware that some countries of origin have resisted providing support to migrants seeking effective remedy so as not to endanger their competitiveness in the international labour market or their ability to benefit from remittances. The British Columbia Labour Relations Board found that Mexican authorities had blacklisted migrant workers who had participated in the Canadian Seasonal Agricultural Workers Program for supporting unions and prevented workers from participating in the Program the following season because they feared that if Mexican workers unionized they would be replaced by workers from Guatemala.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 53
- Paragraph text
- Under international law, States have a binding obligation to ensure the economic, social and cultural rights of all individuals without distinction, including the right to work, which provides migrants with compensation that is equal to that provided to nationals, a decent living for themselves and their families, safe and healthy working conditions, rest, leisure and a reasonable limitation on working hours and periodic holidays with pay, as well as remuneration for public holidays. States also have the responsibility to respect and uphold the rights to, inter alia, education, health, social security, housing, food and water, a healthy environment and culture in a manner that promotes non-discrimination, dignity and freedom for migrants.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 84
- Paragraph text
- Greater attention should also be paid to ensuring that international mechanisms in the areas of trade and migration do not disproportionately penalize developing countries and that they are accountable and representative of all stakeholders. The Special Rapporteur believes there is a need to create stronger institutional links between trade and labour rights in the international framework.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 46a
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Decriminalization of irregular entry and stay;
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 46c
- Paragraph text
- [Human rights must be a cross-cutting issue that informs all discussions at the High-level Dialogue, and, as outlined in the 2013 report of the Special Rapporteur (see A/68/283), States should consider raising issues such as:] Awareness-raising of the human rights of migrants;
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 57
- Paragraph text
- The Special Rapporteur recommends that special attention be paid to the potential impact of trade on migrants who may be further marginalized by other intersecting mutable or immutable characteristics, for instance gender, age, race, minority or indigenous status, disability, medical condition or sexual orientation. While these traits are not inherent vulnerabilities on their own, migrants in these groups may be more at risk of exploitation and abuse because of their irregular status and precarious labour contracts.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 61
- Paragraph text
- For children whose parents are migrant workers, being excluded from education and health systems in the destination country can have lasting consequences on physical and mental health and development. In its 2004 publication "Free trade and children", the United Nations Children's Fund (UNICEF) sheds light on the situation of migrant children, in the context of CAFTA-DR, who are disproportionately at risk of poverty, family disintegration and malnutrition because of declines in the agricultural sector and rural employment.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Movement
- Poverty
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 70
- Paragraph text
- The Special Rapporteur proposes a global mobility framework in bilateral and multilateral trade agreements that would strengthen protections for migrants. Such a framework would build upon the protections specified in the ILO Multilateral Framework on Labour Migration (2006) and the ILO Migration for Employment Recommendation (Revised), 1949 (No. 86), to which a model agreement on temporary and permanent employment is annexed and includes provisions relating to recruitment, equality of treatment, education and vocational training, housing and employment contracts, among other provisions.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 58
- Paragraph text
- Globally, in sectors where regulation is inadequate, such as domestic work, care, construction, agriculture, the garment industry, food processing and packaging, fisheries, extraction and hospitality, migrants unable to get work permits arrive irregularly and are vulnerable to economic exploitation, abuse and violence. States are well aware of this fact, but can do little to reduce the levels of exploitation, and employers take advantage of the fact that migrants rarely complain, mobilize or contest, owing to their lack of status, political capital or access to justice.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 64
- Paragraph text
- The Special Rapporteur recommends that States develop and incentivize accessible, regular, safe and affordable migration channels at all skill levels and consider a variety of options for regular migration, such as humanitarian visas, temporary protection, family reunification, work permits at all skill levels, as well as for migration for job seeking, student mobility and medical evacuation. States can also increase the number of migrants admitted under existing regular migration schemes, including for seasonal workers and student visas.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 93a
- Paragraph text
- [To address the structural impact of international trade on the human rights of migrants, the Special Rapporteur recommends that States:] When negotiating trade agreements, seek technical support from United Nations organizations and specialized agencies, notably OHCHR, ILO, WTO and UNCTAD, to help ensure that the relevant provisions in such agreements respect, promote and fulfil international human rights standards;
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 53
- Paragraph text
- Trade agreements should reflect the human rights obligations of States, and agreements that undercut existing social protections should not be ratified. Introducing a human rights-based approach to trade, which offers migrants' representatives meaningful opportunities to comment during trade negotiations, would also acknowledge and empower migrants as key stakeholders in trade issues. The recent work of the Office of the United Nations High Commissioner for Human Rights (OHCHR) in support of a human rights impact assessment of the Continental Free Trade Area project demonstrates the value of such impact assessments in identifying and mitigating human rights violations, while pointing out opportunities for the upgrading of skills.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 80
- Paragraph text
- Systemic barriers to access to justice can compound abuses of migrants' rights, including through: a lack of local language skills; limited information about rights and means of redress; lack of unionization or representation; geographical constraints; restrictions of migrants' freedom of movement; fear among migrants of retaliation or economic loss if they make complaints against abusive recruiters, employers or landlords; long processing times for complaints; a general practice by recruiters or employers of deliberately not providing migrants with documents that could prove exploitation; the fragmentation of enforcement power for different rights across various judicial and non-judicial mechanisms; the growth of non judicial remedies; a lack of access to a competent lawyer; and a lack of legal aid.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 100
- Paragraph text
- The international human rights and labour law regimes protect everyone, including refugees. In some cases, refugees are better protected under the human rights regime than under the refugee regime. The right to education enshrined in the Convention on the Rights of the Child and the absolute prohibition of a return to torture enshrined in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which also contains the principle of non refoulement, are cases in point. The tools needed to protect all such rights are often similar, whether the foreigner in question is a refugee or another kind of migrant, and consist of access to justice; adequate national human rights institutions and ombudspersons; access to lawyers and legal aid mechanisms; detention-monitoring mechanisms; and oversight mechanisms for cases of repressive administrative action, for example in airports, ports, detention centres or police custody.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 103
- Paragraph text
- The Special Rapporteur stresses that no one should be returned under a readmission agreement without effective oversight by a post-return human rights monitoring mechanism that ensures that the human rights of returnees are actually respected.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 106
- Paragraph text
- The Special Rapporteur also takes note of the principles and practical guidance on the human rights protection of migrants in precarious situations within large and/or mixed movements established by the Global Migration Group's working group on human rights and gender equality, in partnership with agencies of the United Nations system, civil society, academia and States, which are intended to address human rights protection gaps for migrants. The guidance could form an important part of the global compact, as it is derived from existing obligations under international law and seeks to assist States and other stakeholders with regard to the development, strengthening, implementation and monitoring of measures to protect migrants in vulnerable situations and in large and/or mixed movements. As demonstrated herein, the Special Rapporteur has contributed to this effort, and believes in the importance of such a consultative process and guidance to assist States and other stakeholders in the implementation of their human rights obligations in devising rights-based responses to large-scale, irregular and precarious movements.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 7
- Paragraph text
- Migrant workers account for 150.3 million of the world's approximately 232 million international migrants, and it is expected that the number of workers crossing borders in search of security and employment will continue to increase. The Special Rapporteur believes in the power of trade to catalyse economic growth and advance social welfare, but notes that trade has not always led to inclusive, equitable and sustainable development outcomes for all. World Bank estimates indicate that even a 3 per cent increase in migrant labour from developing to high-income countries during the period 2005-2025 would yield gains to the global economy of $356 billion.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 8
- Paragraph text
- The Special Rapporteur understands that trade in itself is not the culprit of migration challenges, nor can it remedy all related ills, but he maintains that fostering a culture of transparency, accountability and ethical business practice while respecting the human rights of migrants can reap positive development outcomes. Over the past two decades, most Governments have concluded preferential trade agreements that incorporate human rights provisions. While this has been a positive development, it has also resulted in increased fragmentation in the interpretation of international human rights standards, as well as a prejudicial application of labour mobility arrangements and immigration laws, effectively infringing upon the human rights of migrant workers and their families. The Special Rapporteur's assessment includes not only the instabilities triggered by the power imbalances, protectionism and national interests that have become embedded in the international trade regime, but also the ways in which trade can serve as a vehicle for advancing human rights, development and better opportunities for all 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 75
- Paragraph text
- Governments should engage with the private sector. There is a strong business case for a transition to an ethical recruitment system for a number of reasons, including the consequent reduction in reputational and legal risks, and greater efficiency and productivity gains within business operations and the extended supply chain. Governments, international organizations and business associations must use this business case alongside key international legal and policy standards to engage with the private sector, raise awareness within it on the issues and determine the steps needed to achieve a wholesale transition to an ethical recruitment system.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 77
- Paragraph text
- Empowering migrants through information and support can harness their resourcefulness to drive progress towards a system of fair and ethical recruitment. Migrants must understand their rights and be empowered to make decisions about recruiters based upon robust intelligence about different actors in the market. Recognizing migrants as rights holders, acknowledging the benefits that they bring to destination countries and facilitating their integration into society is key to instituting a system of fair recruitment for international labour migration. Failing to recognize the huge value of migrant workers and to support their integration legitimizes abuse and exploitation.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 40
- Paragraph text
- Migrant workers have experienced obstacles to organizing because they are concentrated in jobs that nationals are unwilling to accept, in remote locations or in sectors that are not subject to regulation. During his visits, the Special Rapporteur noted the existence of sponsorship and kafala structures, wherein workers are under the absolute authority of their sponsors and those employed in individual homes are particularly isolated and subject to abuse. Migrants with irregular status may also be intimidated to join or form trade unions owing to threats of loss of employment, deportation or violence, or they may even face discrimination from nationals who view them as competition for jobs.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 42
- Paragraph text
- The Special Rapporteur stresses that development cannot be measured solely by economic gains but must also be evaluated against advancements in the social and cultural dialogue. Trade unions have been effective in facilitating the integration of migrants in countries of destination by fostering collective solidarity and establishing support networks. The European Trade Union Confederation established an online information resource and social network of trade union contact points for migrants across Europe (see www.unionmigrantnet.eu). In Canada, the United Food and Commercial Workers Union organized the Agricultural Worker Alliance, to establish 10 support centres across the country that aid migrant workers by: addressing abusive employers and hazardous workplace and housing conditions; assisting with medical treatment, workers compensation benefits and parental leave benefits; facilitating regularization processes; sponsoring courses on health and safety training and English as a second language; and providing scholarships to children of migrant workers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 49
- Paragraph text
- Where migrants do not receive support from their Government, the onus falls on migrants to notify authorities and file complaints of violations of their rights. Migrants may face several obstacles in accessing legal remedies, however, including: lack of knowledge of the employment terms, since there is no written work contract; lack of knowledge of the terms of the trade or mobility agreement and, where there are competing agreements, the applicable framework; lack of knowledge of national labour and migration laws or the local language; lack of access to competent representation or legal aid; obstacles to unionization; and fear of retaliation from employers or deportation. In the Guiding Principles on Business and Human Rights, it is acknowledged that migrants often do not enjoy the same level of legal protection of their human rights as the wider population and that this prevents valid cases involving business-related human rights abuses from being adjudicated.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 79
- Paragraph text
- The Special Rapporteur points out that several trade agreements also include provisions for termination for material breaches of trade terms in keeping with the Vienna Convention on the Law of Treaties. Where parties to a trade agreement have required the inclusion of human rights provisions in the agreement, as the European Union has done, they must specify that the human rights clause is an essential element of the trade agreement. Doing so will ensure that they have grounds to terminate the trade agreement where migrants' rights have been violated.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 80
- Paragraph text
- General exception clauses have served as an effective means of advancing good-faith measures by States to pursue public welfare objectives. In the context of the General Agreement on Tariffs and Trade and WTO, States have already acknowledged that, without the introduction of appropriate safeguards and implementing national legislation, trade rules and policies can have an adverse impact on workers' rights. They have used exception clauses to address forced and child labour and introduce other protections by requiring the adoption of labour standards.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- Children
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 94
- Paragraph text
- The detention of children, even for short periods, can have severe psychological consequences. It has been made clear by the Committee on the Rights of the Child and reinforced by other human rights mechanisms that immigration detention can never, ever, be in the best interest of a child and that the immigration detention of children, whether unaccompanied or together with their families, constitutes a violation of child rights. Consequently, both unaccompanied children 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)
- Civil & Political Rights
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 59
- Paragraph text
- Women, particularly those in the care sector, are especially vulnerable to exploitation and abuse, as they work in physical and social isolation. Men too may experience abuse and exploitation, in sectors such as construction and agriculture. The Special Rapporteur believes in the importance of trade agreements providing all migrants with the opportunity to seek redress for human rights and labour standards violations, without fear of detection, detention and deportation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Men
- Persons on the move
- Women
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 57
- Paragraph text
- Large-scale mobility is inevitable and necessary for the growth and development of a globalized economy that demands global production and a global workforce. Businesses and employers are keen to reduce costs and maximize profits. This frequently comes at a human cost, especially for migrants in an irregular situation, who are often constrained by circumstances to perform tasks at great financial, physical or even psychological cost to themselves (see A/HRC/26/35). Thus far, the efforts of States have been ineffective when it comes to monitoring and sanctioning businesses that exploit migrants for their cheap labour, often in dirty, difficult and dangerous working conditions.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 59
- Paragraph text
- Although some migrants, such as children, older persons, women travelling alone and migrants with disabilities, are vulnerable, the majority are not intrinsically vulnerable. On the contrary, they are most often incredibly resilient and courageous, making life-altering decisions on a regular basis. However, through policy and practice decisions that result in a lack of effective access to justice, States may create precarious conditions of legal status or regulatory frameworks that allow many to abuse and exploit migrants with impunity. For example, there are cases in which temporary migrant worker schemes do not provide for adequate oversight mechanisms; countries that rarely enforce the prohibition of recruitment fees, leading to situations of debt bondage, and rarely streamline their labour recruitment industry to ensure it effectively protects the rights of migrants; and labour inspection mechanisms that collaborate with immigration enforcement to expel undocumented migrants rather than try to enforce labour standards against the exploitative employers of such 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
- Children
- Older persons
- Persons on the move
- Persons with disabilities
- Women
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 62
- Paragraph text
- Little attention has been given to the impact of labour market dynamics in destination countries as pull factors for irregular migration. Member States should be weaned of their reliance on cheap labour in specific economic sectors and should ensure labour rights are upheld for all, including documented and undocumented migrants, through the full implementation of sanctions against employers and rigorous labour inspection. Long-term investment in the enforcement of labour standards and human rights for all workers, whatever their status, will allow States to respond to labour shortages in an efficient and regulated way, thus increasing global competitiveness and leading to less labour exploitation, less irregular migration, less migrant smuggling and less loss of life.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 78
- Paragraph text
- The alliance of migrants' resourcefulness, the business community's desire for a level playing field and the political will of Governments should result in egregious recruitment practices becoming mostly a thing of the past.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 50
- Paragraph text
- While the growing number of regional consultative processes are important trust-building exercises, they can also lead to contradictions and lack of accountability and oversight, especially when such processes trigger changes in policy and practice that affect the rights of migrants. Regional consultative processes should be developed to take in issues beyond border control, interdiction and return, including cooperation on the protection of migrants' rights and on expanded visa liberalization and facilitation, in order to develop accessible, regular, safe and affordable mobility solutions for migrants at all skill levels.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 99
- Paragraph text
- The Special Rapporteur noted, in recent international conversations, an increased focus on the return of migrants not benefiting from refugee protection. Certainly, refugees need protection in accordance with the 1951 Convention relating to the Status of Refugees. However, all migrants need the protection of their rights in accordance with international human rights law and international labour law, in particular in cases of detention, physical or mental abuse, labour exploitation, forced labour, return to torture, sexual and gender-based violence, separation of families, privacy and the protection of children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Violence
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 81
- Paragraph text
- Significant resource constraints contribute to the unwillingness of States to prioritize and invest in facilitating access to justice for migrants, such as legal aid and translation and interpretation services. Migrants' fear of detection, detention and 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 the duty of courts to apply sanctions and/or compensation for violations of migrants' human rights or labour rights is another significant barrier.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 82
- Paragraph text
- The Special Rapporteur notes a promising trend in relation to access to justice, as national and regional jurisdictions appear willing to support migrants fighting for their rights in cases when migrants have been able to overcome all the hurdles put in their way and bring their cases before a court of justice. States must remove barriers to access to justice, ensuring that migrants can effectively - and not simply on paper - access legal remedies for violations of their rights. Facilitating access to justice without fear of detection, detention or deportation 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, changing mentalities regarding migration through fighting stereotypes. When migrants actually go to court, courts often listen, and when courts say migrants have rights, citizens often listen. Conversely, States must ensure that labour inspections target exploitative employers rather than exploited migrant workers.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 85
- Paragraph text
- Furthermore, States must improve accountability for violations of the rights of migrants, including by strengthening the capacity of national human rights institutions and ombudspersons.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 28
- Paragraph text
- The Special Rapporteur also wishes to draw attention to States entering new agreements that undercut existing labour standards and mobility arrangements to the detriment of migrant labour. The negotiation of the Tripartite Free Trade Area among COMESA, the East African Community and the Southern African Development Community (SADC) illustrates some of the challenges associated with overlapping commitments between regional communities at various stages of integration. Of the 26 countries that belong to a regional economic community, 12 belong to at least 2 of the communities and a number of countries are negotiating to join different customs unions, implying that citizens of some States will enjoy greater mobility than others.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 87
- Paragraph text
- The Special Rapporteur is concerned about the extensive use of detention as a border management and deterrence tool against migrants, as it is too often also used to prevent migrants' access to justice.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 89
- Paragraph text
- After making what are often extremely long, dangerous and arduous journeys, many irregular migrants and asylum seekers are uselessly subjected to immigration detention. Immigration detention can be in contravention of international human rights law. Freedom should be the default position and detention must be reasonable, necessary, proportionate and decided on a case-by-case basis. As irregular migration is not a criminal act, detention based simply on the lack of administrative status is illegal. Administrative detention can only be justified if an individual presents a danger to the public or risks absconding when their presence is necessary in further proceedings. Such determinations must be done individually and be based on some kind of evidence. Any detention that does not respect such parameters is illegal. Furthermore, when detention becomes a routine measure of border enforcement, it may be, per se, arbitrary insofar as it is neither an exceptional measure of last resort, nor based upon a meaningful, individualized assessment of risk.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 90
- Paragraph text
- Additionally, there are human rights concerns relating to the impact of detention. Prolonged detention without a legal basis has been shown to have a devastating effect on the physical and mental health of migrants and asylum seekers, for example by contributing to post-traumatic stress disorder, anxiety and depression. This is frequently compounded by unacceptable conditions of detention, such as overcrowding, unsanitary toilet and shower facilities and unhygienic kitchens, as well as by scarce access to health care, family members, lawyers, international or civil society organizations, or physical and recreational activities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Health
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 14
- Paragraph text
- The militarization of border control, which includes "push-backs" at land and sea, creates unnecessary suffering and violations of human rights and humanitarian law at borders: the vast majority of migrants are innocuous. "Fighting the smugglers" will remain futile as long as persons in need of mobility, without other options, may avail themselves of the irregular mobility solutions offered by opportunistic smuggling rings. The present escalation in repressive measures does not bode well for migrants: it will push them further underground, into the hands of unscrupulous lenders, recruiters, smugglers, employers and landlords.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 108
- Paragraph text
- The recent unprecedented numbers of irregular migrants seeking safety and security serve to underline the fact that, despite the existence of legal frameworks on migration issues, a comprehensive framework for migration governance is still lacking. Given that migration is a natural human phenomenon unlikely to end in the foreseeable future, and as stated in the Special Rapporteur's 2013 report to the General Assembly on global migration governance (see A/68/283), the United Nations must be involved to a greater extent in the debate on global migration governance, ensuring that proper attention is given to the human rights of migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 110
- Paragraph text
- The Special Rapporteur observes that the reluctance of States to strengthen migration governance seems to be based on the misconception that this will limit their sovereignty. States have the power to determine who enters and stays in their territory. More governance does not mean giving up this sovereignty. On the contrary, States would have more control if there were more migration governance. More governance simply means improving the coordination and cooperation between States, leading to better governance over migration that would better respect human rights, thus further protecting States from allegations of human rights abuses against migrants.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 116
- Paragraph text
- As human rights are at the core of migrants' social, economic and legal condition, IOM cannot become the leading international organization on migration unless it has a clearly defined legal human rights protection framework against which to measure the legitimacy of its policies and practices. The argument put forward by many, according to which IOM would work with States on migration policies while the United Nations would address the human rights of migrants, makes little sense from a human rights perspective: mainstreaming human rights into migration policies is the only way to achieve the desired result of ensuring that the human rights of migrants are actually respected, protected and promoted by all.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 119
- Paragraph text
- Furthermore, the integration of IOM into the United Nations system must include a deepening of the cooperation between IOM and all other relevant United Nations entities and agencies working on migration, in particular those that have a defined protection mandate, such as OHCHR, UNHCR, ILO, the United Nations Office on Drugs and Crime (UNODC), the United Nations Entity for Gender Equality and the Empowerment of Women (UN-Women), the World Health Organization (WHO) and the United Nations Children's Fund (UNICEF). IOM must also develop very clear mechanisms for collaboration and coordination with civil society.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Gender
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 120
- Paragraph text
- The idea of requesting IOM to support the ratification and implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should also be discussed. The Convention, which has garnered few ratifications, would benefit from an institutional champion able to muster adhesion to its principles. Such a responsibility would contribute to strengthening the human rights culture within IOM and provide it with an appropriate normative tool to measure its action and to negotiate projects with States. IOM would thus complement the important work of the Committee on Migrant Workers, in the same way that UNICEF and the Committee on the Rights of the Child complement each other's work on the implementation of the Convention on the Rights of the Child.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 68
- Paragraph text
- The Special Rapporteur is concerned that bilateral labour mobility agreements erode existing social and mobility protections granted through commitments in other agreements, which increases the precariousness of workers by exposing them to the vulnerabilities of displacement. He also notes that bilateral labour mobility agreements have not always been comprehensive in the protections they afford migrants and systematically fail to cover the entire migration cycle, to address gender-specific concerns, to provide for consultation with stakeholders outside of government, to integrate wage protection measures and to prohibit the confiscation of travel and identity documents.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Gender
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 71
- Paragraph text
- In keeping with the principles advocated by the Working Group on Business and Human Rights and other mandate holders, States must ensure that the trade agreements they conclude reflect their obligations under international law. According to the Guiding Principles on Business and Human Rights, this means that States must not breach international human rights law obligations where such abuse can be attributed to them, or where they fail to take appropriate steps to prevent, investigate, punish and redress private actors' abuse. States also have a duty to refrain from ratifying agreements that make it more difficult to uphold fully human and labour rights.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 44
- Paragraph text
- Cooperation and coordination agreements between unions in countries of origin and destination too are effective in addressing protection gaps and galvanizing migrants across borders. In 2014, representatives of the Congress of South African Trade Unions, the Zimbabwe Domestic and Allied Workers Union, the South African Domestic Service and Allied Workers Union, the Federation of Unions of South Africa, the Congress of Lesotho Trade Unions and the Zimbabwe Congress of Trade Unions signed a declaration to support each other, strengthen the capacity of national unions to assist local and migrant domestic workers and lobby their respective Governments to continue to implement their decent-work country programmes. The Special Rapporteur believes cooperation agreements can be used by States to develop institutional links with trade unions and ensure that unions are partners in trade negotiations.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 86
- Paragraph text
- States retain the primary responsibility for addressing the human rights impact of trade liberalization. However, trade agreements have served as a vehicle for private actors, including the business community, to understand human rights and offer critical insight into effective policies for the management of migrant labour. Private actors have also helped remedy some of the governance gaps related to mobility and trade policies in order to mitigate liability, develop new markets and advance social responsibility. The United States-Cambodia Bilateral Textile Agreement initiated a multi-stakeholder policy reform process whereby the United States offered Cambodia better access to the garment market in return for improving working conditions in its factories.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92k
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States, civil society, migrants' associations and trade unions invest in the targeted collection of data to increase understanding of the impact of trade agreements on the human and labour rights of migrants and ensure the information is publicly available; and conduct studies that include data disaggregated by gender, age, race and national origin, among other categories, on recruitment and the irregular, informal and low-skill sectors;
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 91
- Paragraph text
- The Special Rapporteur realizes that there is no one-size-fits-all solution to today's global challenges but he hopes that shedding light on this important area and offering recommendations will serve as point of departure for further exploring the issues and identifying practical solutions. It is only if we take active measures to merge human rights and trade considerations that we will mitigate the inherent power imbalances in the global economy and the asymmetrical emphasis on economic efficiency and short-term gains to the detriment of migrant labour. Facilitated and well-regulated mobility that is supported by comprehensive and robust institutional frameworks is necessary to ensure inclusion and equity in the enjoyment of the benefits of trade.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 92a
- Paragraph text
- [To address the direct impact of international trade on the human right of migrants, the Special Rapporteur recommends that:] States ratify the core international human rights treaties, particularly those that recognize the rights of migrant workers, such as the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the ILO fundamental conventions, the ILO migrant workers conventions (the Migration for Employment Convention (Revised), 1949 (No. 97), and the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143)), other ILO conventions (particularly, the Labour Inspection Convention, 1947 (No. 81), the Contracts of Employment (Indigenous Workers) Convention, 1947 (No. 86), and the Domestic Workers Convention, 2011 (No. 189)), all other conventions that may offer protections for migrant workers, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, and the Convention relating to the Status of Refugees;
- 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
- Children
- Ethnic minorities
- Families
- Persons on the move
- Women
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 65
- Paragraph text
- The Special Rapporteur is pleased that the Canada-Colombia Free Trade Agreement includes binding provisions allowing any person residing in either country to submit a written inquiry to the national authorities and obliging the Governments to make the questions and responses public. He stresses, however, that it is important that the terms of such provisions be clear and actually provide meaningful opportunities for participation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 66
- Paragraph text
- Since the 1960s, the emergence of bilateral labour mobility agreements to govern medium- and low-wage migration has been a positive development, as States have greater flexibility to facilitate mobility across skills levels, address social protection gaps and respond to labour market needs than in the multilateral trade framework. ILO estimates that, in 2015, at least 358 bilateral labour mobility agreements were in existence.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 50
- Paragraph text
- Most trade agreements aim for settlement between the parties outside of judicial review. Examples of such agreements have been concluded with, among others: ASEAN, the European Free Trade Association, the Southern Common Market (MERCOSUR), NAFTA, the Southern African Customs Union and SADC. Similar trade agreements have also been concluded between Japan and Switzerland and between Tunisia and Turkey, among others. It is worth noting, however, that some trade agreements can be invoked before domestic courts, for example in Argentina, Brazil and Mexico.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
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Developing the Global Compact on Migration 2016, para. 10
- Paragraph text
- These demographic shifts will add pressure and impetus to the need to balance labour supply and demand. Currently, 72 per cent of migrants are of working age, a factor that could contribute to bridging the gap in "ageing economies". To meet employment targets, States could harness the capacity of these migrants by employing a complex migration policy mix and reconsidering how they utilize their skills (see A/70/59). Employers could embrace diversity and rely on recruitment from a global labour force, as migrants with all kinds of skills will be required for many sectors of the economy.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2016
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Developing the Global Compact on Migration 2016, para. 18
- Paragraph text
- Unregulated migration in host countries has led to rising anti-migration sentiment, discrimination and violence, as migrants are portrayed as "stealing" jobs and draining social services. Against the backdrop of a poor economic climate, the rise in nationalist populist parties and the tragic terrorist attacks around the world, xenophobia and hate speech have increased, causing a significant upward trend in negative perceptions of migrants and creating a stumbling block in the development of more efficient evidence-based and human rights-based 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 72a
- Paragraph text
- [States must transition to an ethical migrant labour recruitment system based upon the Guiding Principles on Business and Human Rights and the wealth of human rights instruments, labour standards and soft law norms. This must take into account the rights and needs of migrant workers and the benefits of facilitated mobility and incentivize accessible, regular, safe and affordable labour mobility. States must also determine the regulatory environment in which employers recruit and use migrant labour. The key elements of such a transition include:] Banning of recruitment fees;
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 123j
- Paragraph text
- [The global compact should:] Ensure that the detention of migrants is always a measure of last resort, permissible only when reasonable, necessary and proportionate, decided on a case-by-case basis, and enforced for the shortest possible period of time; develop rights-based alternatives to detention for most cases; and ensure that migrant children and families with children are never, ever, detained for reasons relating to their administrative immigration status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 37
- Paragraph text
- Smugglers and exploitative employers are currently facilitating the labour mobility that many labour markets need in order to thrive. Through creative visa opportunities for work at all skill levels, including for low-wage migrants, States could considerably reduce the number of migrants arriving through irregular means or overstaying their visas or permits. Coupled with entry and exit controls and other supporting initiatives, multi-year and multi-entry visas could incentivize migrants to come to countries of destination for work and return to the country of origin while respecting visa conditions. Encouraging mobility, including for employment, family reunification and education, will reduce irregularity.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 41
- Paragraph text
- There has been considerable recognition of and interest in the issue of migration governance over the past decade. The two High-level Dialogues on International Migration and Development, with a third to be held by 2019, the thriving Global Forum on Migration and Development, the coordination work of the Global Migration Group, the growth in IOM membership, the development of regional initiatives, through both regional organizations and regional consultative processes, and the decision to hold the high-level plenary meeting of the General Assembly on addressing large movements of refugees and migrants in September 2016 all testify to that interest.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 44
- Paragraph text
- The work of the Global Forum on Migration and Development has improved to include more focus on human rights, using the expertise of the Global Migration Group and the United Nations human rights mechanisms to a greater extent and allowing for enhanced participation by civil society. It could further benefit from more concrete outcomes, for example through the adoption of a formal outcome document at each meeting and the establishment of a mechanism for follow-up and monitoring of the implementation of its recommendations. Participation by civil society organizations could be further enhanced by increasing their involvement to a full day, with their deliberations being taken up during the course of the meeting, and ensuring their participation at all round tables during days reserved for the participation of Governments.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 47
- Paragraph text
- Regional mechanisms are becoming an important feature of the global migration governance architecture.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 79
- Paragraph text
- In a number of human rights conventions, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights and the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, it is recognized that everyone has the right to an effective remedy from the competent national tribunals for acts violating the fundamental rights granted to him or her. Despite these international protections, many migrants face serious barriers in accessing remedies when their human rights are violated.
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 72b
- Paragraph text
- [States must transition to an ethical migrant labour recruitment system based upon the Guiding Principles on Business and Human Rights and the wealth of human rights instruments, labour standards and soft law norms. This must take into account the rights and needs of migrant workers and the benefits of facilitated mobility and incentivize accessible, regular, safe and affordable labour mobility. States must also determine the regulatory environment in which employers recruit and use migrant labour. The key elements of such a transition include:] Effective regulation, licensing and monitoring of recruiters;
- 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
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 72c
- Paragraph text
- [States must transition to an ethical migrant labour recruitment system based upon the Guiding Principles on Business and Human Rights and the wealth of human rights instruments, labour standards and soft law norms. This must take into account the rights and needs of migrant workers and the benefits of facilitated mobility and incentivize accessible, regular, safe and affordable labour mobility. States must also determine the regulatory environment in which employers recruit and use migrant labour. The key elements of such a transition include:] Harmonization of the legal and policy frameworks relating to recruitment.
- 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
- 2016
Paragraph