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Climate change and migration 2012, para. 67
- Paragraph text
- To date, the international legal framework appears to be largely inadequate to address such a situation. The first article of the Montevideo Convention on the Rights and Duties of States requires that a State possess four elements: a permanent population; a defined territory; a government; and a capacity to enter into relations with other States. Yet, a legal issue that remains unresolved is the status of the State after the disappearance of one of the elements established by the Montevideo Convention. Furthermore, although international law provides that a State may become extinct under certain circumstances such as absorption, merger and voluntary or involuntary dissolution, the situation of a State abandoned by its population due to the effects of climate change is simply so new that no clear international legal framework appears to apply.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Global migration governance 2013, para. 76
- Paragraph text
- There are significant overlaps between several regional consultative processes, and this has been deemed unsustainable from a political, financial and human resources perspective. The overlaps create a risk of duplication and contradiction, thus requiring enhanced coordination between the different processes. The majority of them are not linked to each other, and they have different agendas. Consequently, making them come together as a whole seems unlikely. There have, however, been some efforts at coordination between the principal regional consultative processes, including global meetings of their Chairs and secretariats organized in collaboration with IOM.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 94
- Paragraph text
- [To the European Union and its member States] Convey a road map for the evolution of this policy by developing a full 25-year strategy that outlines clear short-, medium- and long-term interventions and that articulates a shared vision for how the European Union can bank on mobility over a generation.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 76
- Paragraph text
- The Special Rapporteur acknowledges that many of these mechanisms are not, in and of themselves, illegitimate. Yet, in each of his four country missions, he observed that human rights and legal guarantees have not been adequately developed, thereby undermining the legitimacy, legality and validity of such mechanisms.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Global migration governance 2013, para. 71
- Paragraph text
- Some of the regional consultative processes are driven by external actors, with funding coming from States of the global North, often channelled through IOM. IOM participates in most of the major regional consultative processes as a partner or observer and provides secretariat services for many of the major processes. The International Centre for Migration Policy Development also provides secretariat services for some of the processes. United Nations entities, including UNODC, UNHCR and ILO, are observers in some of the processes.
- Legal status
- Non-negotiated soft 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
- N.A.
- Persons on the move
- Year
- 2013
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.
- Legal status
- Non-negotiated soft law
- 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
Human rights of migrants in the post-2015 development agenda 2014, para. 96n
- Paragraph text
- [Indicators for such a target should include:] Increased regulation and monitoring of the recruitment industry;
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96k
- Paragraph text
- [Indicators for such a target should include:] Adoption and implementation of regional free movement agreements and/or labour mobility schemes;
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- N.A.
- Year
- 2014
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Enforce a zero-tolerance policy on the payment of recruitment fees among workers
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Audit supply chains and ensure human rights due diligence with all contractors and subcontractors
- Legal status
- Non-negotiated soft law
- 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
- 2015
Paragraph
Climate change and migration 2012, para. 27
- Paragraph text
- The Climate Change Environment and Migration Alliance (see http://www.ccema-portal.org), which includes the United Nations Environment Programme (UNEP), the Office for the Coordination of Humanitarian Affairs, IOM and other international non-governmental organizations specialized in environment, has also recently been established.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Climate change and migration 2012, para. 45
- Paragraph text
- Fifth, many other regions are now affected by sudden and extreme natural disasters, and "even societies with high adaptive capacity remain vulnerable to climate change, variability and extremes".8 Hurricane Katrina in Louisiana and bushfires in Australia, for instance, illustrate that no society is immune.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Person(s) affected
- N.A.
- Year
- 2012
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Have clear policies in place for how to tackle the detection of unethical recruitment practices within business operations and/or in the supply chain
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Share and build upon best practices in the current system to develop new business models that are compatible with international human rights and labour standards
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Ensure the total elimination of wage discrimination on the basis of nationality
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2015
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;
- Legal status
- Non-negotiated soft law
- 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
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Engagement with the private sector] Work with the private sector more broadly to ensure that their perspective is included within legal and policy debates
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Irregular migration and criminalization of migrants, protection of children in the migration process and the right to housing and health of migrants 2011, para. 64
- Paragraph text
- The growing importance of the study of political participation in the last 50 years reflects the crucial significance of citizens' involvement for democratic decision-making. As the scope of government activities and responsibilities has expanded in the last few decades, the domain of political participation has grown considerably. First, political participation refers to inhabitants in their role as citizens (and not, for instance, as politicians or civil servants). Second, the activities of citizens defined as political participation should be voluntary and not be ordered or obliged under law. Finally, political participation concerns government and politics in a broad sense of these words ("political system") and is neither restricted to specific phases (such as parliamentary decision making, or the "input" side of the political system), nor to specific levels or areas (such as national elections or contacts with officials).
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Equality & Inclusion
- Governance & Rule of Law
- Social & Cultural Rights
- Person(s) affected
- N.A.
- Year
- 2011
Paragraph
Global migration governance 2013, para. 23
- Paragraph text
- In December 2008, the General Assembly decided to follow up the High-level Dialogue held in 2006 by convening a second one in 2013.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
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.
- Legal status
- Non-negotiated soft law
- 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
Recruitment practices and the human rights of migrants 2015, para. 32
- Paragraph text
- Countries of origin can add to their nationals' difficulties as missions may show reluctance to support their pursuing judicial remedies, so as not to impact their competitiveness on the international labour recruitment market.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Support the implementation of standard contract terms specifying job description, wages and labour conditions
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Strengthening the overall legal and policy framework in relation to recruitment practices] Develop country-level and regional policies on tackling exploitative and abusive recruitment practices, which bring together the perspectives of the multiple stakeholders involved in the recruitment process, articulate a clear vision for eliminating abuse and exploitation, and precisely define the roles and responsibilities within the complex network of actors who contribute to international recruitment
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2015
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 41
- Paragraph text
- The Special Rapporteur also noted that where strong human rights standards are incorporated into European Union policy and legislation, there is often a wide discrepancy between the texts and member-State implementation. The Commission thus should remain vigilant in monitoring the full and proper implementation of these standards by Member States. "It is not the existence of a police force that makes a system of … law strong and respected, but the strength of respect for the law that makes it possible for a police force to be effectively organised."
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Global migration governance 2013, para. 53
- Paragraph text
- At its meeting in 2010, participating States agreed to conduct an assessment of the Global Forum. As noted in the consolidated assessment paper on the strategic and political analysis phase of the assessment (phase 2), the Global Forum does not monitor whether or how Governments follow up on its outcomes. It has a lack of institutional memory, as the Chair alternates annually, between developed and developing countries, and despite the existence of a small support unit, it does not have a permanent secretariat. The assessment paper suggested the creation of a multi-year agenda and noted the need for appropriate and efficient supporting structures.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- N.A.
- Year
- 2013
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 32
- Paragraph text
- The Special Rapporteur recommends that the elements set out below be considered in the post-2015 agenda.
- Legal status
- Non-negotiated soft law
- 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
- 2014
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. A.
- Paragraph text
- [Data collection] Ensure that all data collection systems include disaggregated metrics to fully understand labour migration and recruitment patterns
- Legal status
- Non-negotiated soft law
- 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
- N.A.
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. Chapter V. B.
- Paragraph text
- [Recommendations to private sector organizations] Comply with all relevant international human rights and labour standards
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 48
- Paragraph text
- Transition to an ethical system should be based upon the United Nations Guiding Principles on Business and Human Rights and the wealth of human rights instruments, labour standards and soft law norms.
- Legal status
- Non-negotiated soft law
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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.
- Legal status
- Non-negotiated soft law
- 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