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 16

Select target paragraph3