A/68/283
F.
Benefits of a human rights framework for global
migration governance
95. Migration is multidimensional and is often conceptualized together with other
aspects of globalization. However, those who are most affected by migration are the
migrants themselves, who are human beings with inalienable human rights, and all
States are obliged to respect the Universal Declaration of Human Rights and all the
human rights treaties and international labour standards to which they are party.
Thus, migration cannot be conceptualized without human rights, and any framework
for migration governance must duly take into account the human rights of migrants.
96. The Global Commission on International Migration stated that the human
rights component of the United Nations system should be used more effectively as a
means of strengthening the legal and normative framework of international
migration and ensuring the protection of migrant rights.11 Furthermore, participants
at the High-level Dialogue held in 2006 recognized that international migration,
development and human rights were intrinsically interconnected (A/61/515).
97. Most States recognize refugees and the principle of non-refoulement. However,
many migrants also have protection needs and cannot simply be dismissed as mere
“economic migrants”: they may be forced to migrate to escape from poverty,
widespread violence, armed conflict, or the effects of climate change (see A/67/299).
Some will be at risk of torture and other serious human rights violations if returned
to their countries of origin. Many migrants migrate out of a complex, and often
changing, mix of voluntary and forced reasons for movement.
98. Migrants often cannot access their rights in practice. In particular, irregular
migrants are often afraid to demand access to their rights or to report abuses, as they
fear detection, arrest, detention and deportation.
99. Protecting the human rights of migrants is beneficial for States, as it enables
migrants to become more economically productive. As noted by the Global
Migration Group in its statement dated 30 September 2010 on the human rights of
migrants in an irregular situation, protecting the human rights of migrants is not
only a legal obligation for States but also a matter of public interest and intrinsically
linked to human development.
G.
Possible future models for global migration governance
100. Any future model for global migration governance should encompass several
functions, including standard setting and normative oversight; capacity building and
technical assistance; a platform for dialogue, collaboration and political facilitation;
and the development of a knowledge base or capacity through data, indicators, and
dissemination. These functions are currently carried out by a wide range of actors,
both inside and outside the United Nations framework.
101. Different models have been proposed for future global migration governance.
The Global Commission on International Migration took the view that a
fundamental overhaul of the institutional architecture relating to international
migration will be required in the longer term, both to bring together the disparate
migration-related functions of existing United Nations and other agencies within a
single organization, and to respond to the new and complex realities of international
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