A/68/283
including global meetings of their Chairs and secretariats organized in collaboration
with IOM. 10
4.
Bilateral migration initiatives
77. Bilateral migration governance is increasing and, in particular, has been
playing an increasingly important role in the regulation of recruitment and
employment of migrant workers between sending and receiving States, and
regarding the return of irregularly staying migrants. Bilateral agreements cover such
areas as visas, readmission, knowledge-sharing, labour migration, border
management and rescue at sea. They are often entered into between neighbouring
States but also between States from different regions. An example is the European
Union’s mobility partnerships, which comprise joint declarations, often with
simultaneously negotiated visa facilitation and readmission agreements. As noted in
the 2013 report of the Special Rapporteur to the Human Rights Council, readmission
agreements — covering both nationals of the country of return and third-country
nationals having used the country of return as a transit State — are sometimes used
as a bargaining tool, are signed in exchange for visa facilitation or liberalization for
nationals of the country of return, and often do not ensure respect for the human
rights of migrants.
78. There has been a proliferation of actors involved in bilateral migration
governance. As an example, bilateral agreements on the recruitment of migrant
workers sometimes involve private agencies. States must monitor those agencies
closely in order to ensure that they fully respect the human rights of the migrants
concerned. The Special Rapporteur would like to remind States that all bilateral
agreements must strictly uphold the human rights of migrants and that they must
ensure transparency, monitoring of implementation and effective access to justice
for the migrants.
79. 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.
5.
Governance at the national level
80. Migration policies are formulated mainly at the national level, despite
migration being by definition transnational. Good governance at the national level is
thus a basis for more effective cooperation at the regional and global levels. This
can be achieved by establishing a coherent approach at the national level, addressing
all stages of the migration process, coordinated across government and developed in
widespread consultation with the private sector, civil society and migrants
themselves. 11 Ministries responsible for, inter alia, health, education, employment,
children and social policies should be fully involved in the elaboration of migration
policies.
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11
13-42115
www.iom.int/cms/en/sites/iom/home/what-we-do/regional-processes-1/global-rcp-meetings.html.
Global Commission on International Migration, “Migration in an interconnected world: new
directions for action”.
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