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The right to education of migrants, refugees and asylum-seekers 2010, para. 26
- Paragraph text
- The Special Rapporteur also notes that the international norms and instruments listed earlier pay little attention to the particular situation of the educational rights of migrants, refugees and asylum-seekers. The same is the case with many other instruments, such as the Convention concerning Migration for Employment (Revised 1949), the Geneva Convention relative to the Protection of Civilian Persons in Time of War (1949), the International Convention on the Elimination of All Forms of Racial Discrimination (1965), the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious or Linguistic Minorities (1992), and the European Charter for Regional or Minority Languages (1992).
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 27
- Paragraph text
- However, the Special Rapporteur observes that the Convention relating to the Status of Refugees and its 1967 Protocol (arts. 4 and 22) and the Migrant Workers Convention reiterate the right to educational choice and the obligation of the contracting States to accord to refugees the same treatment as is accorded to nationals with respect to “elementary education” and to ensure “equal opportunities” with respect to non-elementary education. This includes access, the recognition of certificates and diplomas, the remission of fees and charges and the award of scholarships. Moreover, in accordance with article 28.1 of the Convention on the Rights of the Child “equal opportunity” in terms of the “best interest” principle may justify differential treatment of migrant, refugee and asylum-seekers’ children, such as mother-tongue teaching, provided that non-discrimination measures are in place, although in article 45.4 of the Migrant Workers Convention, there is no obligation for receiving States to provide special mother-tongue instruction schemes.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 38
- Paragraph text
- Segregation can take many forms, but invariably results in discrimination and thus impedes social mobility through education. In this respect, the Special Rapporteur notes that “ability” grouping (and tracking) within learning environments may be based on a variety of factors, including socio-economic background, ethnic origin and migrant status. Early-ability grouping and tracking has been shown to impact negatively on the school achievement of migrant students and students of migrant origin. In particular, migrants are more likely than their native peers to be diagnosed as having “special needs” resulting in their placement in separate institutions providing “special” education.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 29
- Paragraph text
- The Special Rapporteur is also concerned by the incomplete realization of the right to education of migrants, refugees and asylum-seekers (or children thereof) of irregular status. The Special Rapporteur thus welcomes the increasing recognition of equality of treatment irrespective of legal status, as expressed in the International Labour Organization (ILO) Migrant Workers Convention No. 143 (Supplementary Provisions) (arts. 1 and 9), the United Nations Migrant Workers Convention, the final report of the 1994 International Conference on Population and Development (principle 12) and the 2000 Council Directive 2000/43/EC of 29 June 2000 implementing the principle of equal treatment between persons irrespective of racial or ethnic origin (para. 12). The Special Rapporteur, however, views the lack of ratification of, in particular, the United Nations Migrant Workers Convention (which by February 2010 had been signed by only 31 of the 192 United Nations Members, of which virtually all are countries of emigration) as indicative of State apathy in this area.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 30
- Paragraph text
- The Special Rapporteur further notes that child migrants and refugees, often in search of education and work opportunities, are particularly vulnerable to forced, compulsory and exploitative labour and sexual abuse. International instruments, such as the ILO Minimum Age Convention No. 138 and the European Social Charter (revised) (art. 7.2), establish 15 as the minimum age for both the completion of compulsory schooling and entry into employment. Consequently, the increased reduction of the right to education in elementary schooling undermines the protection of child migrants and refugees from hazardous work. This is related to the understanding that education can, and should, serve as an important tool to protect children from sexual and gender-based violence, HIV/AIDS, military recruitment, crime and drugs, inter alia.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Gender
- Movement
- Violence
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 31
- Paragraph text
- Equally, restricted access to education jeopardizes entitlements to the knowledge and skills and values that might directly contribute to societal development (democracy, non-violent conflict resolution, mutual respect, tolerance and respect for the natural environment) and full human development (personality, talents, mental and physical abilities, the respect for migrants’ and refugees’ own culture, language and values), as expressed in the Convention on the Rights of the Child (arts. 29, 31 and 32) and the 1993 Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 48
- Paragraph text
- The Special Rapporteur takes this opportunity to emphasize that school learning content and non-formal learning for refugees and asylum-seekers in refugee camps should aim to transmit key life-saving and life-sustaining messages (including landmine and unexploded ordinance awareness, rapid evacuation, skills-based health education, conflict resolution, humanitarian norms, child protection, etc.) in addition to preparation for local integration, repatriation or resettlement. In this regard, the Special Rapporteur specifically draws attention to, and welcomes, the educational work of UNHCR, but encourages increased attention, intensity and breadth in its provision.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Humanitarian
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 50
- Paragraph text
- The shortage of teachers is a major obstacle to access and good quality education for refugees, asylum-seekers and migrants. Overcrowded and unmanageable classes increase student dropout. Especially in developed countries, schools with a large migrant and refugee proportion are often the most disadvantaged in terms of funds and qualified and experienced staff. In refugee camps, low and/or inappropriate compensation (teachers receiving monetary or non-monetary “incentives” instead of salaries) encourage teachers to work for NGOs or for schools outside the camp rather than in a refugee school.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The right to education of migrants, refugees and asylum-seekers 2010, para. 82
- Paragraph text
- [Regarding the legal and normative framework, the Special Rapporteur is of the view that:] • As the International Conference on Population and Development (1994) identified migration as a consequence of significant global economic transformations, the Special Rapporteur is particularly concerned by the fact that half of the world’s out-of-school children — 39 million — live in conflict-affected areas. Moreover, as 80 per cent of all refugees are hosted by countries of the developing world, which figure shows that a disproportionate burden is carried by those least able to afford it, increased international cooperation and sharing of responsibility is required, as called for in the International Covenant of Economic, Social and Cultural Rights and the Dakar Framework for Action adopted by the United Nations Educational, Scientific and Cultural Organization (UNESCO) in 2000. As underdevelopment is a “principal root cause” of migration, helping Governments to realize the right to development becomes imperative.
- Body
- Special Rapporteur on the right to education
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Movement
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 85
- Paragraph text
- As part of social and cultural integration policies, States should involve migrants in decision-making processes and promote their active participation in public life through adequate representation and participation mechanisms. States should also inform migrants of their rights and duties in the country and promote their active exercise. Migrants are at a particular disadvantage as a result of lack of information. The need for appropriate housing information and advice to prevent housing exclusion and homelessness of migrants is essential, and States have the responsibility to provide it. They should ensure that information and advice on rights and duties relating to housing is available to migrants, including in their native languages. Furthermore, States should foster mutual understanding among local communities and ensure mutual respect for cultural diversity.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 58
- Paragraph text
- In some cases, non-citizens are subject to double discrimination as both migrants and members of minority groups. During her missions, the Special Rapporteur has encountered numerous cases of migrants from minority groups who have been denied residency permits even though they have lived in the host country for decades or even generations. The lack of regularization obstructs their access to housing in private markets as well as housing assistance from local governments. The Special Rapporteur also received numerous complaints of forced eviction of migrants belonging to minority groups.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Ethnic minorities
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 20
- Paragraph text
- In its conclusions on Albania of 2006, the European Committee of Social Rights recalled that according to article 19, paragraph 4, of the European Social Charter, States must eliminate all legal and de facto discrimination concerning access to public and private housing for migrant workers and that, accordingly, no legal or de facto restrictions on subsidized housing may be implemented. In its conclusions on the United Kingdom of Great Britain and Northern Ireland, the Committee noted that there were no objective, pre-established and easily understandable eligibility criteria to qualify for housing benefits, and requested information from the Government on the number of foreign nationals who had been refused any form of social assistance on the grounds that they did not satisfy the habitual residence condition. Furthermore, in its decision on the case DCI vs. the Netherlands, the Committee stated that the State must provide adequate shelter to undocumented migrant children under its jurisdiction.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Social & Cultural Rights
- Person(s) affected
- Children
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 22
- Paragraph text
- Discrimination is often a precondition and by-product of the marginalization to which certain groups and individuals are subject and is the root of many inequalities in society. On many occasions migrants suffer multiple forms of discrimination on the basis of national origin, culture, religion or sex. The multiple layers of discrimination and exclusion faced by migrants affect their access to adequate housing. This marginalization is often a manifestation of larger forms of structural discrimination that extend through the institutional, cultural, social and economic fabric of society, adversely affecting the housing conditions and overall well-being of migrants.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 32
- Paragraph text
- In the private sector in most countries, it is difficult for low-income migrants to rent private housing, as homeowners often avoid renting to them because of xenophobic sentiments, fear of insolvency or uncertainty of income, inadequate legal documents, short-term stays or lack of an employment record. Moreover, migrants are often asked to provide guarantees that they cannot access in the hosting country. When migrants manage to rent a private home, they are usually requested to pay onerous rents and make advance payments. Migrants may also face discrimination when trying to purchase a property and are sometimes barred by laws and regulations from doing so.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 4
- Paragraph text
- International migrants worldwide are estimated to number over 200 million, representing 3.1 per cent of the world population. Ninety million of them are migrant workers. Forty-eight per cent of all international migrants are women. While the larger proportion of migrants moves from low- and middle-income countries to high-income countries, representing a total flow of 80 million persons, it is estimated that South-South migration accounts for 47 per cent of all migration from the South. Migration between developing countries may be even higher if undocumented migration is considered, as official numbers are for the most part unknown, but it is estimated to be around one third of documented migration.
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Movement
- Person(s) affected
- Persons on the move
- Women
- Year
- 2010
Paragraph
Migration and the right to adequate housing 2010, para. 46
- Paragraph text
- Violence and forced evictions targeted towards migrants also raise serious concerns in this regard. Migrants living in informal settlements are often victims of forced evictions in the context of urban renewal projects. When no alternative accommodation is provided by the government, undocumented migrants, who often lack access to social security and services, are rendered homeless, forced to move in with friends or relatives or pushed to the outskirts of the city. In some cases, forced evictions are followed by deportation (see A/HRC/14/30, para. 52).
- Body
- Special Rapporteur on adequate housing as a component of the right to an adequate standard of living
- Document type
- Special Procedures' report
- Topic(s)
- Movement
- Social & Cultural Rights
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 60
- Paragraph text
- Cluster responsibilities at the global and national level have brought more predictability and helped to close gaps in the humanitarian response to internally displaced persons. In particular, UNHCR, as the cluster lead for the protection of internally displaced persons in conflict settings, emergency shelter, and camp management has taken on considerable responsibilities, including the role of "provider of last resort". In order to live up to these new commitments, UNHCR has increased its operational engagement and provided for institutional and budgetary amendments. However, the capacities of UNHCR, as well as those of its partners, in particular as regards training and adequate staff numbers, as well as the capacity to provide guidance in the area of protection, are still very limited compared to the overall needs of the displaced. A more robust and decisive engagement will be required.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 61
- Paragraph text
- International mechanisms to protect internally displaced persons in situations of natural disasters are often not effective due to lack of understanding, knowledge and the capacity to address threats arising in disaster settings. OHCHR, UNHCR and UNICEF are still struggling to develop the capacity on the ground to match the commitment to leading on protection in disaster settings that they assumed during the course of the 2005 humanitarian reform initiative. The Representative therefore welcomes the expressed commitment of UNHCR to fill this gap within the IASC framework and in consultation with UNICEF and OHCHR, and hopes that its capacities will be enhanced accordingly. The Representative also encourages OHCHR and UNICEF to reinforce their efforts to increase capacity at headquarters and on the ground.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 87a
- Paragraph text
- [Durable solutions constitute the ultimate form of protection for internally displaced persons. At the same time, the Representative sees some of the greatest problems in this area. Short-sighted political calculations often create protracted displacement situations, which are particularly difficult to transform into durable solutions. Despite some advances, donors and development actors are still not providing enough support for durable solutions, especially crucial investments in early recovery. The Representative recommends that member States:] Reinvigorate processes to resolve ongoing or frozen conflicts, while allowing the internally displaced to normalize their living situation as far as possible;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 96a
- Paragraph text
- [The Representative calls on all Member States to shape a rule-based framework to international humanitarian assistance, taking into account the Guiding Principles on Internal Displacement as well as the Guidelines for the Domestic Facilitation and Regulation of International Disaster Relief and Initial Recovery Assistance and, in particular to:] Explicitly recognize in relevant national laws, policies and administrative and military instructions, the right of internally displaced persons and others affected by conflict or disaster to request and receive humanitarian assistance, in an equal and non-discriminatory manner; and the corresponding obligation of the State to ensure assistance, including by facilitating international assistance, especially where locally available resources are insufficient;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 74
- Paragraph text
- In at least 35 countries internally displaced persons find themselves in protracted situations, meaning that processes to find durable solutions for them have stalled and the displaced are marginalized, and their rights, in particular economic, social and cultural rights, are not protected. Internally displaced persons in protracted situations often live in inhumane conditions and have no realistic chance of accessing opportunities to earn a living. The Representative has consistently found that the most likely victims of protracted displacement are the most vulnerable within the displaced population and include the elderly, people with disabilities, female-headed households and minorities.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 82
- Paragraph text
- However, States fail to respect their obligations if they reject assistance offered without providing any reasons or if the reasons are based on errors in fact (for example, a denial of humanitarian needs without a proper assessment). States also act arbitrarily if they deny access for reasons that are not in line with their international obligations, for example, if a State rejects assistance offered in line with the humanitarian principles of humanity, impartiality, neutrality and independence despite being unable to ensure the necessary assistance through other resources.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 83
- Paragraph text
- States must refrain from selectively denying consent to offers of humanitarian assistance with the intent or effect of discriminating against a particular group or section of the population. In the case of internally displaced persons in need, the Guiding Principles stipulate against such discrimination on the basis, inter alia, of race, sex, legal status, religious belief, political or other opinion, or ethnic or social origin (see Guiding Principle 4, para. 1). An example would be a Government that systematically rejects offers of humanitarian assistance to crisis-affected regions populated by ethnic groups perceived as favouring the political opposition.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
The primary duty of the State to provide humanitarian assistance and the corresponding rights of internally displaced persons 2010, para. 85
- Paragraph text
- Similarly, insurgents, de facto authorities and other non-State actors controlling a part of the territory may not withhold consent to the provision of humanitarian assistance on the basis that they do not have sovereign rights regarding the territory to which the assistance is destined. Article 7, paragraph 5 (g) of the Kampala Convention therefore specifically prohibits armed groups from "impeding humanitarian assistance and passage of all relief consignments, equipment and personnel to internally displaced persons".
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 83
- Paragraph text
- In 2007, based on a request from the Emergency Relief Coordinator and after extensive consultations, the Representative released the pilot version of the Framework on Durable Solutions for Internally Displaced Persons. The Framework provides guidance on how to support such solutions and establishes criteria for assessing to what extent a durable solution has been achieved. Feedback from the field provided the basis for a further review of the Framework, which is presented to the Human Rights Council in its final form (A/HRC/13/21/Add.4). The Framework, endorsed by the IASC, is primarily aimed at guiding international and non-governmental humanitarian and development actors on how to work with governments in supporting durable solutions. As it also provides a response to the requests by the Council for ways to strengthen durable solutions and benchmarks for assessing when displacement ends (resolution 6/32, para. 7), the Framework should also be useful to member States affected by internal displacement and to donors.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 84b
- Paragraph text
- [Millions of people are being newly internally displaced every year as a result of conflict and violence. Disasters displace even more people and the effects of climate change will exacerbate this trend. Development-induced displacement is also on the rise. With international attention focused on camps of internally displaced persons, many other displaced remain invisible, because they stay with host families, are dispersed in urban areas or their existence is officially denied. Some vulnerable groups within the displaced population are also regularly overlooked. Host families and communities are often heavily affected by displacement, but they are often neglected. The Representative urges member States and humanitarian and development actors to expand their scope of action and recommends that they:] Increase efforts to protect and assist the urban displaced, including through development efforts and measures to assist host families as well as displacement-affected communities generally;
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Internal displacement in 2010: What are the major challenges? 2010, para. 90
- Paragraph text
- The close cooperation with the Office for the Coordination of Humanitarian Affairs and the Office of the United Nations High Commissioner for Refugees, on the basis of institutionalized arrangements, and access to resources beyond the regular support provided to a special procedure mandate holder by the Office of the United Nations High Commissioner for Human Rights, have been indispensable to taking up the array of tasks that the Representative has been mandated to carry out. The ability to work closely with institutions and non-governmental organizations outside the United Nations system has also reinforced the capacity of the Representative to carry out the responsibilities of the mandate.
- Body
- Special Rapporteur on the human rights of internally displaced persons
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Humanitarian
- Movement
- Person(s) affected
- Persons on the move
- Year
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 15
- Paragraph text
- The Special Rapporteur wishes to draw the attention of the General Assembly to the dangers of these policies, not only for migrants, but also for the migrants' societies of transit and destination. Research studies have already demonstrated that many enforcement mechanisms designed to prevent irregular or unauthorized migration, including harsh policies of interception, carrier sanctions and immigration control activities, may themselves be responsible for violence and abuse and may have the side effect of encouraging the expansion of smuggling and trafficking networks.
- 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
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 59
- Paragraph text
- The Special Rapporteur welcomes the positive impact that recent large-scale regularization exercises have had on the lives, working conditions and realization of the human rights of former irregular migrants. The Special Rapporteur wishes to mention an illustrative number of examples of these programmes, which have been implemented in some countries in the Latin American region. Between 2002 and 2006, Mexico implemented a large-scale regularization programme, which included 15,000 non-documented migrants, mostly from countries in Central America. In 2008, Mexico adopted a new regularization programme for undocumented migrants who entered its territory before 2008, to be implemented between November 2008 and May 2011. The Bolivarian Republic of Venezuela implemented "Mission Identidad" (Identity Mission) between 1998 and 2006, which benefited approximately 415,000 irregular migrants who had lived undocumented in the country for many years.
- 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
- 2010
Paragraph
Impact of the criminalization of migration on the protection and enjoyment of human rights 2010, para. 60
- Paragraph text
- The Special Rapporteur wishes to draw special attention to the large-scale regularization programmes in Argentina, which have been implemented in the context of the economic and financial crisis and have been used by the Government as a strategy and an effective tool to successfully overcome the crisis. In 2004, Argentina adopted its "Patria Grande" programme, including Decree No. 1169, which included a comprehensive approach to address irregular migration under the framework of the Migratory Law (Act 25875). The latter framework establishes that nationals of States Members MERCOSUR (Argentina, Brazil, Paraguay and Uruguay) or associate States (Bolivia (Plurinational State of), Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay and Venezuela (Bolivarian Republic of)) with no criminal background can obtain legal residence in Argentina. This programme has benefited 800,000 irregular migrants and contributed to a decrease in both the number of undocumented migrants and the unemployment rate.
- 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
- 2010
Paragraph