A/61/324
32. In spite of this rights deficit and their great vulnerability, migrants have come
to play an important and growing part in international development. The High-Level
Dialogue and the increased interest paid by numerous international bodies to this
theme are evidence of this. However, the growth of interest in the economic and
developmental aspects of migration must be linked to greater protection of migrants’
rights and to a genuine effort to eliminate situations that render them vulnerable to
abuse and a litany of human rights violations. In a number of documents and papers
that have been presented in preparation for the Dialogue, it has been argued that the
protection of the rights of migrants makes economic sense and that true protection
would only serve to maximize development. 7 Though the Special Rapporteur agrees
with this analysis, he would like to underscore that even if economic advantage was
not proved or not true, any discussion on migration must be based on the protection
of migrants. Migration is essentially a human experience, and though the
examination of the issue may greatly benefit from analyses from an economic or
more general perspective, action in this field can never be carried out without
focusing on the individuals involved.
A.
Some issues addressed by the mandate of the Special Rapporteur
on the human rights of migrants
33. The mandate of the Special Rapporteur on the human rights of migrants has
often addressed the economic, social and developmental implications of migration.
The previous Special Rapporteur repeatedly noted that social and economic factors
are one of the root causes of migration 8 and identified five main factors that can
lead people to emigrate: social and economic exclusion, the effects of widespread
warfare, the demand for migrants in the receiving countries, the attraction that those
countries exert, and natural disasters. 9
34. Social, economic and cultural factors are often at the root of the special
vulnerability of certain categories of migrants such as irregular migrants, women
and children.
35. Irregular migrants are particularly vulnerable to organized crime networks that
often take advantage of social and economic factors such as the lack of
opportunities in countries of origin to create a relationship of dependence, often
leading to high-risk situations such as crossing of borders in hazardous conditions,
or extreme exploitation such as forced labour and/or trafficking. 10 This vulnerability
of irregular migrants can also lead to their exploitation by unscrupulous employers
and contractors in countries of employment. 11 The Special Rapporteur considers it
important to adopt a broader perspective regarding irregular migration, one that
__________________
7
8
9
10
11
06-51782
The Secretary-General stresses in his report that “the benefits of international migration, not
only for migrants themselves, but equally for receiving societies, are contingent on the
protection of migrant rights” (A/60/871, para. 66); see also, for example, some of the
contributions presented at the day of general discussion held by the Committee on the Rights of
All Migrant Workers and Members of Their Families on 15 December 2005 on “protecting the
rights of all migrant workers as a tool to enhance development”.
See E/CN.4/2000/82, para. 14; E/CN.4/2001/83, paras. 43-47; E/CN.4/2002/94;
E/CN.4/2005/85, para. 74.
See E/CN.4/2002/94, para. 24.
See E/CN.4/2001/83, para. 53.
See ibid., para 54.
9