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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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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. 61
- Paragraph text
- States assume obligations and duties under international law to respect, protect and fulfil human rights. These obligations and duties on States under international law are also broadly echoed by the standards within the European human rights system, which apply to all regardless of nationality and 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
- N.A.
- Year
- 2015
- Date added
- Aug 19, 2019
Paragraph
Human rights of migrants in the post-2015 development agenda 2014, para. 10
- Paragraph text
- In the United Nations Millennium Declaration, Governments pledged to strive for the protection and promotion of all human rights, but the Goal framework failed to live up to that pledge. This state of affairs has demonstrated that issues left out of a universally agreed agenda are not effectively monitored and reported on and are easily overlooked when priorities are set, policies defined or budgets allocated. The Goals have been viewed by some as an economic growth agenda, not explicitly aligned with human rights. Yet, human rights are essential for sustainable development: Governments' legal obligations regarding international human rights standards must be reflected in current development policy in order to enhance effectiveness and accountability. By delinking the Goals from human rights, State obligations were reduced to mere policy options, for example on the issue of free primary education. In addition, given that international human rights standards did not form the basis on which the Goals were developed, the targets created were sometimes unambitious or inadequate. Research shows that the Goals were also often seen as donor driven because organizations based in the North focused more on the goals than on human rights, whereas those based in the South engaged more on human rights and hardly on the Goals.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Education
- Equality & Inclusion
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2014
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 86
- Paragraph text
- There are several regional organizations in the world with some form of free movement for citizens of the organization's member States. It could be envisaged that at some point some of those initiatives could connect, thus expanding the free mobility area covered. However, there is an imperative need for a central human rights framework in all these processes.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 79
- Paragraph text
- Bilateral agreements may be useful additions to regional or global approaches, particularly for neighbouring countries where there is a high level of mobility. The Special Rapporteur notes the challenges in ensuring transparency and the human rights dimension of bilateral agreements and in monitoring their human rights impact, as they are forms of private agreement between States and subject to the aforementioned power asymmetries between negotiating States.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 75
- Paragraph text
- Regional consultative processes are often characterized by power asymmetries, whereby the most powerful countries, often destination States, dominate the discussions. Some are trans-regional, bringing together States from different geographical regions, whereby the funding, training and knowledge often come from outside the region. The involved States often have different levels of development and economic strength, thus creating an uneven level for their bargaining power.
- 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
- Date added
- Aug 19, 2019
Paragraph
Global migration governance 2013, para. 63
- Paragraph text
- Economic communities all over the world have some form of agreement or intention on the free movement of people within their region. This includes the Economic Community of West African States, the Commonwealth of Independent States and the Common Market of the South (MERCOSUR). The European Union, with its 28 member States, has the most elaborate system of all the regional economic communities and thus provides one of the most developed examples of regional migration governance.
- 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
- 2013
- Date added
- Aug 19, 2019
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. 9
- Paragraph text
- This report will mark the end of the reporting cycle for the current mandate holder. In view of the review and assessment of the mandate, the Special Rapporteur thought it relevant to recapitulate the main thematic issues that he has focused on since his nomination, in order to present the achievements of the mandate.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Civil & Political Rights
- Governance & Rule of Law
- Person(s) affected
- N.A.
- Year
- 2011
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 66
- Paragraph text
- The Special Rapporteur welcomes the guidelines for grantees adopted by the Department of Health and Human Services of the United States of America, which requires its health and welfare institutions to provide interpretation services and translation of vital documents for clients who do not speak English.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
Paragraph
Enjoyment of the rights to health and adequate housing by migrants 2010, para. 13
- Paragraph text
- Notwithstanding that the principle of non-discrimination is well established in international human rights law, some misconceptions related to its applicability to non-nationals impede the universal implementation of the rights to health and adequate housing. Consequently, the enjoyment of these rights by non-nationals is often dictated by the host State's laws, policies and practical concerns.
- Body
- Special Rapporteur on the human rights of migrants
- Document type
- Special Procedures' report
- Topic(s)
- Equality & Inclusion
- Governance & Rule of Law
- Health
- Person(s) affected
- N.A.
- Year
- 2010
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
Paragraph
Recruitment practices and the human rights of migrants 2015, para. 71
- Paragraph text
- There is a strong business case for transition to an ethical system, including the reduction in reputational and legal risk, 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 and sensitize the private sector to the key issues and the steps needed to achieve wholesale transition to an ethical 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
- 2015
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 12
- Paragraph text
- The Special Rapporteur would like to thank everyone who took the time to meet with him and for sharing information about their perspectives and experiences. In particular, the Special Rapporteur expresses his appreciation for the support and cooperation extended by the European Union, and the member States he visited, in assisting with his study. He would also like to sincerely thank the OHCHR Regional Office for Europe for their indispensable support and assistance.
- 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
- 2013
- Date added
- Aug 19, 2019
Paragraph
Regional study: management of the European Union external border and the impact on the human rights of migrants 2013, para. 11
- Paragraph text
- The findings and recommendations emerging from these visits are presented in the four addenda to this report. Using the country visits as real case examples at the national level, this thematic report seeks to highlight some of the ongoing challenges in the development and implementation of policies, and to provide recommendations to assist the European Union and its member States in overcoming such challenges individually, bilaterally and regionally.
- 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
- 2013
- Date added
- Aug 19, 2019
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.
- 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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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
- Date added
- Aug 19, 2019
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."
- 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
- Date added
- Aug 19, 2019
Paragraph
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
- Date added
- Aug 19, 2019
Paragraph