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have access to national courts and tribunals, which should effectively apply the
international human rights treaties in providing appropriate redress. States
should implement a “firewall” between immigration enforcement and public
services and improve data collection and indicators in all areas relevant to
migration in order to make informed policy decisions.
128. States must ensure that bilateral agreements related to migrants, and
regional and trans-regional cooperation mechanisms, such as regional
consultative processes, are transparent, guarantee the human rights of
migrants and ensure accountability.
129. States should recognize the need for a stronger human rights-based
institutional framework for migration at the United Nations. This could, in turn,
have a positive effect on informal migration governance outside the United
Nations, including the Global Forum on Migration and Development and
regional consultative processes. In this respect, the Special Rapporteur urges all
United Nations Member States to consider the possibility of creating a new
organization with a specific mandate on international migration. This could be
achieved, inter alia, by bringing IOM into the United Nations system. However,
the Special Rapporteur notes that this would require that IOM be given a
revised mandate that should include at its core the protection of the human
rights of all migrants. The new “IOM-based” agency should also be provided
with adequate resources that are not project-driven only.
130. States should consider ratifying all the core United Nations human rights
treaties that they have not yet ratified, including the International Convention
on the Protection of the Rights of All Migrant Workers and Members of Their
Families, as well as other relevant treaties, including ILO conventions, the
Convention relating to the Status of Refugees and the Convention on the
Reduction of Statelessness.
131. States should ensure that the human rights of migrants are included in the
post-2015 development agenda.
(a)
Recommendations in relation to the High-level Dialogue on International Migration
132. The High-level Dialogue on International Migration to be held in 2013 is
an important moment to reflect on the mainstreaming of human rights into all
aspects of the migration debate.
133. States should consider holding more frequent high-level dialogues, for
instance every three years, which should be interactive and action-oriented,
each with a rights-based negotiated outcome document.
134. Human rights must be a cross-cutting issue that informs all discussions at
the High-level Dialogue, and States should consider raising the following issues:
(a) Decriminalization of irregular entry and stay, which should never be
considered criminal offences;
(b) The move away from detention as a tool in addressing irregular
migration and the development of alternatives to detention;
(c) Measures to ensure awareness-raising on the human rights of
migrants;
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