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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. 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. 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. 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 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
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. 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
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. 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
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 15
- Paragraph text
- The Uruguay round of negotiations (1986-1994) ambitiously sought to expand the competence of the General Agreement on Tariffs and Trade into new areas, such as trade in services, capital, intellectual property, textiles and agriculture, but focused almost exclusively on persons linked to a commercial presence (intra-corporate transferees) and high-skilled labour. Limited mention of labour in the multilateral system occurs in the General Agreement on Trade in Services, mode IV, specifically article I:2 (d), which covers the mobility of "natural persons who are service suppliers of a Member, and natural persons of a Member who are employed by a service supplier of a Member, in respect of the supply of a service". According to the annex on movement of natural persons supplying services under the Agreement, mode IV does not concern itself with individuals seeking access to the employment market in the destination country, nor does it affect processes regarding citizenship, residence or employment on a permanent basis.
- 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.
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 115
- Paragraph text
- However, the IOM Constitution does not include a protection mandate. In order for IOM to be properly integrated into the United Nations, its Constitution should be revised. IOM should be given an official human rights protection function, and the United Nations human rights framework should be referred to in its Constitution. This would allow IOM to measure its policies and practices against a clear, binding normative framework and ensure that all projects funded by States and implemented by IOM are negotiated in respect of that framework.
- 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. 26
- Paragraph text
- Despite a global boom in labour mobility agreements during the 1990s, geographic biases prevailed, reinforcing power imbalances between sending and receiving States, rather than remedying them. States members of the Organization for Economic Cooperation and Development (OECD) registered a fivefold increase in the number of bilateral labour mobility agreements and Latin American countries doubled their numbers; countries in Asia and Africa, on the other hand, failed to register the same figures.
- 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.
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 81
- Paragraph text
- The Special Rapporteur believes it is promising that the proponents of general exception clauses have been geographically and economically diverse. Several countries from Asia and the Pacific and South America have included general exception clauses in trade agreements. General exception clauses also appear in the treaty programmes of Canada, Mauritius and Turkey, as well as in multilateral agreements such as the Investment Agreement for COMESA.
- 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. 28
- Paragraph text
- As a response to the proposals made in the above-mentioned report on a global compact, the Special Rapporteur makes the following recommendations, structured in line with the Secretary-General's report, for the development of the global compact, in particular with a view to ensuring that human rights are included and mainstreamed therein.
- 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. 118
- Paragraph text
- In addition, the IOM human rights framework and independence would be reinforced if predictable core funding were made available. Currently, more than 98 per cent of IOM funding is in the form of voluntary contributions for earmarked projects. Therefore, donor States have an important role in determining the organization's work and priorities. Core funding would allow IOM to initiate projects according to its own priorities, rather than mostly implementing donor-driven undertakings.
- 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. 63
- Paragraph text
- There must also be greater balance between the protections afforded States and investors and all other persons in the jurisdiction of trade parties. Rule of law and judicial oversight are compromised when investors can bypass the exhaustion of national remedies before seeking relief in supra-national tribunals, for example in investor-State dispute settlement tribunals. While investor-State dispute settlement provisions are included in trade and investment agreements throughout the world, 60 per cent of all cases in 2014 were brought against developing countries and countries with economies in transition. Although more cases are progressively being filed against developed countries, investors in capital-exporting countries have filed more than 80 per cent of all investor-State dispute settlement claims. There is no ceiling on the tribunal's compensation awards, and decisions are binding without appeal. As a result, the investor-State dispute settlement process has also had an undeniably chilling effect on the enforcement of rights, as States are less likely to rule in favour of the public if they are required to pay exorbitant fees as settlements. Remedies have also been disproportionately skewed in favour of high-income countries (see A/70/301).
- 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. 123h
- Paragraph text
- [The global compact should:] Ensure that States collect disaggregated data, on the basis of data gaps, in order to develop meaningful, evidence-based policies while ensuring data protection through the establishment of firewalls, and support the increased harmonization and coordination of migration data sources, collection and analysis in order to develop a systemic picture;
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 16
- Paragraph text
- While some States have insisted that the World Trade Organization (WTO) address the issue of "social dumping" through the inclusion of trade provisions requiring States parties to observe minimum workers' rights, the responsibility of regulating labour standards has been kept outside of multilateral trade negotiations.
- 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. 18
- Paragraph text
- With global discussions on trade stalled at WTO, there has been a marked surge in the number of regional and preferential trade agreements. By 2013, the number of such agreements had more than quadrupled, with all WTO members being a party to at least one preferential trade agreement. As of 1 February 2016, WTO had received 625 notifications of regional trade agreements, of which 425 are currently in force.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 94c
- Paragraph text
- [The Special Rapporteur recommends that the United Nations and related organizations:] Continue to provide States with technical and capacity-building assistance in conducting human rights impact assessments and in adequately supporting the work 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
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 10
- Paragraph text
- The Special Rapporteur consulted a human rights impact assessment and scoping study currently being conducted by the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Economic Commission for Africa and Friedrich-Ebert-Stiftung on the Continental Free Trade Area. The Special Rapporteur also consulted experts from the United Nations, academia and civil society organizations.
- 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
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 11
- Paragraph text
- International trade is the exchange of goods or services between nations. The foundation of international trade law is established by international treaties and agreements, the domestic laws of a State party to a trade agreement, and case law on the resolution of trade disputes between States. Trade agreements may consist of bilateral and plurilateral arrangements or multilateral arrangements, and recent agreements have included chapters or protocols on investment.
- 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. 94a
- Paragraph text
- [The Special Rapporteur recommends that the United Nations and related organizations:] Ensure that human rights considerations related to trade and investment agreements are included in State reports to the international human rights mechanisms;
- 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. 14
- Paragraph text
- The General Agreement on Tariffs and Trade first introduced the concept of a multilateral trading system founded on the principles of non-discrimination and reciprocity. Adopted after the end of the Second World War, the Agreement aimed to significantly reduce tariffs and barriers to trade worldwide.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Economic Rights
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2016
Paragraph
Developing the Global Compact on Migration 2016, para. 114
- Paragraph text
- IOM already works very closely with the United Nations, including as a member of the Global Migration Group, and in many countries IOM is part of United Nations country teams. Integrating IOM into the United Nations would thus allow the United Nations to benefit from its vast experience and expertise.
- 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
- 2016
Paragraph
The impact of bilateral and multilateral trade agreements on the human rights of migrants 2016, para. 37
- Paragraph text
- Monitoring and enforcement mechanisms have been included in some trade agreements and make use of several mediums to detect and eradicate systemic abuse, including through the establishment and training of labour inspectorates, regular labour inspections and independent auditing on labour conditions at all stages of the value-addition and supply chains. In April 2013, in the context of CAFTA-DR, the Governments of Guatemala and the United States signed an "enforcement plan" containing 18 commitments aimed at addressing institutional weaknesses in the labour protection framework of Guatemala. These included strengthening the enforcement capacity of labour inspections, protecting workers against the sudden closure of firms, ensuring labour law compliance by export companies and enforcing decisions of the labour judiciary. Guatemala engaged an additional 100 labour inspectors, as well as other staff, in preparation for the agreement.
- 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. 29
- Paragraph text
- States assume obligations under international law to respect, protect and fulfil human rights. These obligations are also broadly echoed by the national human rights standards and regional instruments, which apply to all, regardless of nationality or administrative status.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- All
- N.A.
- Year
- 2016
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 94
- Paragraph text
- [To the European Union and its member States] Convey a road map for the evolution of this policy by developing a full 25-year strategy that outlines clear short-, medium- and long-term interventions and that articulates a shared vision for how the European Union can bank on mobility over a generation.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- N.A.
- Year
- 2015
Paragraph
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
- 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
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
- 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