A/HRC/RES/18/21
1.
migrants;1
Takes note of the report of the Special Rapporteur on the human rights of
2.
Calls upon States that have not yet signed, ratified or acceded to the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families to consider doing so as a matter of priority, and requests the
Secretary-General to continue his efforts to promote and raise awareness of the Convention;
3.
Stresses the obligation of States to protect the human rights of migrants,
regardless of their legal status, and also to take into account the principles and standards set
forth in relevant international instruments that protect labour-related human rights;
4.
Expresses its concern at legislation and measures adopted by some States that
may restrict the human rights and fundamental freedoms of migrants, and reaffirms that,
when exercising their sovereign right to enact and implement migratory and border security
measures, States have the duty to comply with their obligations under international law,
including international human rights law, in order to ensure full respect for the human rights
of migrants;
5.
Calls upon all States to ensure that their immigration policies are consistent
with their obligations under international human rights law;
6.
Reaffirms the fact that all migrants are entitled to equal protection by the law,
and that all persons, regardless of their migratory status, are equal before the courts and
tribunals and, in the determination of his/her rights and obligations in a suit at law, are
entitled to a fair and public hearing by a competent, independent and impartial tribunal
established by law;
7.
Also reaffirms the rights set forth in the Universal Declaration of Human
Rights and the obligations of States under the International Covenants on Human Rights and,
in this regard, strongly condemns the manifestations and acts of racism, racial discrimination,
xenophobia and related intolerance against migrants and the stereotypes often applied to
them, including on the basis of religion or belief, and urges States to apply and, where
needed, reinforce existing laws when xenophobic or intolerant acts, manifestations or
expressions against migrants occur, in order to eradicate impunity for those who commit
xenophobic and racist acts;
8.
Requests all States to firmly protect the human rights of migrants relating to
their conditions of work, regardless of their migratory status, in particular the right to equal
pay for equal work;
9.
Stresses that migrants have the right, without any discrimination, to just and
favourable conditions of work and should have the appropriate means to pursue that right,
including through the protection of the rights to peaceful assembly and to freedom of
association;
10.
Reaffirms that, once a migrant assumes an employment relationship, regardless
of their immigration status, the State in which he or she is employed has the obligation to
ensure the respect of their labour-related human rights, as contained in the international
instruments to which the State is a party;
11.
Welcomes programmes and policies implemented by some States of destination
that promote the full respect of the labour-related human rights of migrants, regardless of
their immigration status, as well as initiatives of States of origin to promote labour markets;
1
A/HRC/17/33.
3