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Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 16
- Paragraph text
- Within the global context, the proportion of those displaced by humanitarian emergencies seeking refuge in Europe is still small. As reported by UNHCR, the world is currently experiencing the highest levels of displacement since the end of World War II and, at the beginning of 2015, 1.3 million refugees were registered in Lebanon and 1.9 million in Turkey. In comparison, the European Union assessed around 620,000 asylum applications in 2014.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 19
- Paragraph text
- While a number of precarious, sea-based routes to the European Union exist, by far the most commonly used since 2013 has been the central Mediterranean route. The dramatic increase in the use of that route has tragically resulted in large-scale loss of life. UNHCR estimates that 3,000 people died or went missing at sea in 2014. Events in the first four months of 2015 suggest that the use of this route and the associated avoidable deaths of migrants continue at an alarming pace.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 20
- Paragraph text
- While the majority of sea-based migration passes through the central Mediterranean Sea, the European Union is aware that, as a result of efforts to secure the border with Turkey, more refugees and migrants have begun taking the route across the Aegean Sea to the Greek islands. FRONTEX reported that during the period from July to September record numbers of migrants used those channels. In October 2014, the United Nations High Commissioner for Refugees warned that the situation was reaching crisis point.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 28
- Paragraph text
- Commonly, boats carrying migrants to the European Union leave from: Egypt and Libya when using central and eastern Mediterranean channels; Morocco and Tunisia when using the western Mediterranean; and Turkey when using the Aegean Sea route. Many migrants have come an extremely long way, including from sub-Saharan countries and countries in the Middle East, to make these journeys. Migrants travelling through the Sahara are subjected to horrific treatment, including rape and other forms of violence.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Violence
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 30
- Paragraph text
- The boat trips themselves are perilous, involving very basic vessels that have limited navigation systems, are not seaworthy and often have insufficient amounts of food, water, fuel, first aid kits and life jackets. Boats are usually extremely overcrowded and sometimes contain more than double the recommended capacity. Once migrants have paid for the journeys, they are often forced to go ahead with their plans despite sometimes having second thoughts when seeing the vessels. Migrants have reported incidents of boats not having captains, with inexperienced migrants being required to navigate, as smugglers do not want to risk being caught by the authorities.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Health
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 32
- Paragraph text
- The search and rescue services provided unilaterally by Italy and FRONTEX are a response to these alarming trends (see appendix). In a report to the Special Rapporteur, the European Commission said that Operation Mare Nostrum had rescued over 160,000 persons at sea in 2014 and that Operation Triton was estimated to have rescued approximately 22,300 people between November 2014 and early 2015. In addition, some private and military vessels have saved migrants' lives. However, as underlined by the International Maritime Organization, the support provided to search and rescue operations by merchant vessels should remain exceptional, and States should shoulder the main responsibility for such operations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 33
- Paragraph text
- While positive efforts to protect migrants' right to life have been made, they remain insufficient. Key challenges include Operation Triton's limited mandate for effective search and rescue operations compared with the mandate of Operation Mare Nostrum, incoherence in search and rescue zone management, tensions between unilateral and regional interventions, disincentives for private and military vessels to provide assistance to migrants, limited resource commitments from member States and difficulties in establishing disembarkation protocols.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 34
- Paragraph text
- While search and rescue services are a vital part of addressing the human rights challenges faced by migrants trying to reach the European Union by precarious routes, the root causes of the use of these channels must be examined. A key driver is the lack of regular migration channels that reflect the European Union's genuine labour needs and the humanitarian and protection needs of those fleeing humanitarian situations. The European Union's collective response to the Syrian crisis exposes a remarkably intransigent refusal to offer Syrians any significant migration opportunities. Most European Union member States have preferred to look the other way, unsurprisingly pushing migrants to turn to smugglers.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 64
- Paragraph text
- A vital first step is for the European Union to scale up search and rescue operations at sea to at least the level of Operation Mare Nostrum. While some efforts have been made, it is vital that the European Union expand the resources committed to providing assistance to those in distress at sea. The Special Rapporteur urges the European Union to strengthen its search and rescue capacity, while also doing the following: respecting the principle of non-refoulement; allowing irregular migrants to disembark immediately at the nearest port; providing information, care and support to migrants; processing asylum claims equitably; and supporting commercial vessels in exceptional circumstances to carry out rescue operations without risk of retaliation or harassment for being considered accessories to smuggling operations. The priorities should be clear: fighting smuggling operations is less important than saving lives. The argument according to which one should not increase search and rescue capacity in order to avoid encouraging smuggling operations is morally, politically and legally unacceptable when human lives are at stake.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 68
- Paragraph text
- Firstly, many people presently crossing the Mediterranean Sea are, thanks to smugglers, manifestly in need of international protection, such as most Syrians and Eritreans. One cannot expect Syrians to live in camps or cities in Jordan, Lebanon or Turkey indefinitely, with no prospects for a better life. If no other option is available, refugees will take their chances with smugglers in order to provide a future for themselves and their children, as many Europeans have done in similar circumstances in the past. Through resettlement programmes for refugees and other humanitarian visas and opportunities, it is well within the European Union's means to develop the mechanisms necessary for providing refuge, over a number of years, for 1 million of refugees displaced by the Syrian and other major conflicts. Together with partner States in the global North and elsewhere, creating a reliable long-term programme will ensure that a large number of refugees will line up for resettlement rather than spend tens of thousands of euros and risk their lives and that of their children in smuggling operations. This would considerably reduce the market for smugglers and the cost of refugee status determination procedures in Europe.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 88
- Paragraph text
- Claiming this leadership role involves the development of coherent and holistic human rights-based approaches that require short-, medium- and long-term interventions. It is vital that, in the short term, the European Union step up search and rescue operations, further explore alternatives to detention, particularly for children, start providing more resettlement opportunities for people from the Syrian Arab Republic and other countries, in line with its share of global resources, and take stock of the failing Dublin logic and the systemic pressures it is creating.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 100
- Paragraph text
- [To the European Union and its member States] Take a global leadership role in relation to the Syrian civil war and other humanitarian crises and reduce the market for smugglers by developing, in cooperation with other States in the global North, resettlement opportunities so that the European Union can accommodate over 1 million of the world's refugees (0.2 per cent of the total population of the European Union) over a number of years.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 101
- Paragraph text
- [To the European Union and its member States] Develop and incentivize other regular and safe migration channels, including for workers with varying skills levels, including for low-wage workers. Look at a variety of options for legal migration, such as humanitarian admission, humanitarian visas, temporary protection, family reunification, economic admissions at all skills levels, as well as for job seeking, student mobility and medical evacuation, in line with the suggestions of the European Union Agency for Fundamental Rights.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Families
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 103
- Paragraph text
- [To the European Union and its member States] Prepare for more arrivals by sea and commit to fully implementing obligations under international law to provide search and rescue services to migrants in distress at sea, with State provision being the cornerstone of search and rescue operations.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 104
- Paragraph text
- [To the European Union and its member States] Carefully consider options for how incentives that negatively impact private vessels' willingness to assist migrants in distress can be removed, including the development of a means by which compensation is given for commercial losses.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 105
- Paragraph text
- [To the European Union and its member States] Develop protocols for how military vessels deployed in the Mediterranean Sea for purposes other than search and rescue should respond to incidents of migrants in distress to complement State action.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 122
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Step up work to explore the feasibility of new ways to provide legal avenues of migration for those in humanitarian situations and quickly implement reform.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 123
- Paragraph text
- [Recommendations to specific European Union institutions] [To the European Commission] Develop better policy coherence between the work of the different Directorate Generals of the European Commission in relation to migration. Aim to connect the humanitarian work of the Directorate General for Humanitarian Aid and Civil Protection, with the broader work of the Commission on migration, particularly the Directorate General for Migration and Home Affairs.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Banking on mobility over a generation: follow-up to the regional study on the management of the external borders of the European Union and its impact on the human rights of migrants 2015, para. 130
- Paragraph text
- [Recommendations to specific European Union institutions] [To FRONTEX] Ensure that Operation Triton upholds international standards in relation to protection at sea and that the full transition from Operation Mare Nostrum does not result in the avoidable loss of life of migrants in the Mediterranean Sea.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2015
Paragraph
Climate change and migration 2012, para. 57
- Paragraph text
- The Special Rapporteur notes further the obligation to provide humanitarian relief to persons affected by climate change. Such assistance should support environmentally induced migrants around the time of their displacement and may take different forms, either as an emergency response to a sudden disaster, or planned in advance to accompany steady movements of migrants or to assist resettlement. Humanitarian relief should aim at ensuring the most basic rights of environmentally induced migrants, be premised on human rights principles and pay due regard to the fundamental principles of non-discrimination, participation, empowerment and accountability.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Climate change and migration 2012, para. 82
- Paragraph text
- On the other hand, soft law instruments, such as guiding principles, may define and promote rights-based norms and responsibility-based principles, as has been illustrated by the Guiding Principles on Internal Displacement. Regional initiatives may also be developed as first steps towards international action.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 39
- Paragraph text
- Furthermore, the Convention provides that in any action taken by States concerning children, the best interests of the child shall be a primary consideration (art. 3). It also sets forth the right for children not to be separated from their parents against their will (art. 9); and the obligation of States to take appropriate measures to ensure that minors who are seeking refugee status or who are recognised refugees, whether accompanied or not, receive appropriate protection and assistance (art. 22).
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Families
- Persons on the move
- Year
- 2012
Paragraph
Detention of migrants in an irregular situation 2012, para. 65
- Paragraph text
- Voluntary return programmes may be used as a mechanism to support and facilitate the departure of individuals who have no grounds to remain in the country and who have no protection or humanitarian concerns. Voluntary return programmes can be a solution for migrants who wish to return home but lack the means to do so. It can be a humane alternative to detention and deportation and, in certain circumstances, can allow a prepared, dignified and sustainable return and reintegration. However, care must be taken to ensure that the decision to return is fully voluntary and a result of a genuine, informed choice, particularly if the migrant is in a situation of closed detention when offered the option of an assisted voluntary return programme and that preparations have been made to ensure that his or her return is sustainable for the long term.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2012
Paragraph
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. 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. 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
Global migration governance 2013, para. 97
- Paragraph text
- Most States recognize refugees and the principle of non-refoulement. However, many migrants also have protection needs and cannot simply be dismissed as mere "economic migrants": they may be forced to migrate to escape from poverty, widespread violence, armed conflict, or the effects of climate change (see A/67/299). Some will be at risk of torture and other serious human rights violations if returned to their countries of origin. Many migrants migrate out of a complex, and often changing, mix of voluntary and forced reasons for movement.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Environment
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2013
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 96i
- Paragraph text
- [Indicators for such a target should include:] 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)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2014
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 107
- Paragraph text
- To assess progress in achieving the goal and its targets, the rate of progress as set according to the target for each population group and the reduction of inequalities should be clearly measured, including for migrants.
- 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
- 2014
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 37
- Paragraph text
- The Special Rapporteur is also concerned about the disproportionate use of force by security forces at borders, which, according to information received, has led to shootings and deaths of migrants, asylum-seekers and refugees. In this regard, the Special Rapporteur wishes to recall that international law and human rights standards demand that the use of force by law enforcement officials must be proportionate to the actual threat faced, and wishes to discuss, in the present report, the impact of the criminalization of irregular migration on asylum-seekers, victims of trafficking and children.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph