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108. OHCHR has a robust mandate in relation to the human rights of migrants.
However, the Office currently has limited human and financial resources to carry
out this mandate.
4.
Integrating the International Organization for Migration into the United Nations,
with a revised mandate
109. The Global Commission on International Migration noted in its report that it
would seem logical for IOM to become part of the United Nations system in order to
maintain coherence and consistency within the multilateral system.
110. 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 the
United Nations country teams. Integrating IOM into the United Nations thus seems
like an effective way to create a United Nations organization for migration.
111. Bringing IOM inside the United Nations could also lead to a more positive role
taken by IOM, including holding the organization accountable for any human rights
violations in which it may be involved in relation to, inter alia, the detention and
return of migrants.
112. However, in order to include IOM in the United Nations, its mandate would
need to be considerably revised, with a solid basis in the international human rights
framework, and its entire staff, including in all field presences, would need to be
properly trained in this regard. IOM would need to be given a legal protection
mandate and guided by the core international human treaties, including the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, and the principles enshrined in the Charter of the
United Nations would need to be integrated into its Constitution. It would also be
important for IOM to gain the membership of key countries which are currently
observer States.
113. Furthermore, IOM should ensure that in principle and in practice, it does not
and will not carry out any activities which are contrary to international human rights
law and to the principles of the Charter. It should therefore cease any activities in
relation to the construction and operation of detention centres. Rather, the Special
Rapporteur urges IOM to operationalize alternatives to detention (see
A/HRC/20/24). IOM should also ensure that all its assisted voluntary return
programmes are genuinely voluntary and carried out in strict compliance with human
rights standards.
114. In addition, predictable funding should be made available to IOM, rather than
project-driven funding provided by States for specific undertakings. Currently, more
than 97 per cent of IOM funding is in the form of voluntary contributions for
projects: thus, the donor States have a large role in determining the organization’s
work and priorities.
115. The Special Rapporteur believes that the proposal to bring IOM inside the
United Nations system is worthy of further discussions, taking into consideration the
issues raised above. However, any halfway solution that would amount to giving
IOM the role of lead agency, either outside the United Nations system or inside it
but without insisting on the development of a proper protection mandate, should be
avoided. Furthermore, if IOM were to be integrated into the United Nations system
and entrusted with a protection mandate, its work would still need to be coordinated
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