A/59/377
50. The Special Rapporteur considers that there are three key factors in managing
migratory flows from a human rights perspective: first, an overall, long-term view
of the phenomenon that takes account of its causes and effects; second, a dialogue
process that establishes an appropriate framework for adopting migration policies
that place individuals and their rights at the centre of legislation; and third,
migration management based on the shared responsibility of States, i.e.,
intergovernmental cooperation and collaboration in which States meet their
obligations towards migrants properly and in which the role of States varies
depending on whether they are a source, transit or destination country.
51. The complex phenomenon of international migration responds to a simple
principle: migratory flows are generated as a consequence of socio-economic
inequalities and disparities in well-being and human rights. This has been
highlighted by, inter alia, the Programme of Action of the International Conference
on Population and Development held in Cairo in 199412 and, more recently, the
World Commission on the Social Dimension of Globalization.13 The Special
Rapporteur considers that the causes of migration and the factors that encourage it,
such as “migration fantasies”, warrant particular attention. In addition, when
addressing migration issues, it is important to remember that some factors inherent
in the globalization process (e.g., the global communications revolution, the
evolution of information technology and transport, and the growth of transnational
communities) and new characteristics to international migration.
52. The scant importance given to the human rights of migrants in migration
policy debates is reflected most clearly in the structure of these policies, which by
and large focus on controlling migratory flows and regulating the presence of
foreign nationals in the territory of the State, and on relations with sending States,
all areas in which the human rights of immigrants are not the primary concern.
Advisory Opinion OC-18/03 is also a core document in this area, as, according to
the Inter-American Court of Human Rights, [American] States may not subordinate
or condition the observance of human rights or the principle of equality before the
law and non-discrimination to achieving the goals of its migratory policies, any act
or omission to the contrary being inconsistent with the international human rights
instruments (paras. 161-172). The Special Rapporteur considers that an analysis of
the observations and recommendations of the human rights treaty monitoring
bodies, and of the provisions of the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families, could be useful
here. It should be pointed out that Part III of the Convention, entitled “Human rights
of all migrant workers and members of their families”, does not create any new
rights for this group, but rather reaffirms the rights enshrined in the Universal
Declaration of Human Rights and subsequently developed in the principal human
rights treaties adopted by the United Nations, which have indeed been widely
ratified. Moreover, the preamble to the Convention explicitly states that this
reiteration reflects the belief that the rights of migrant workers and members of their
families are not duly recognized everywhere, and that if their rights were more
widely recognized, recourse to the employment of migrant workers with irregular
administrative status would be discouraged.
53. It is common knowledge that migratory flows generate positive effects when
properly managed. International migration is a factor of economic development and
social progress; however, the way in which this is formulated publicly is worrying.
Politicians and the media often portray immigrants as the solution to a series of
issues affecting host societies, such as lack of manpower in some sectors of the
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