A/HRC/38/41
(a)
Create well-functioning systems of protection for asylum and other
needs and an adequate and appropriate institutional framework for managing large
movements of migrants;
(b)
Ensure that returns are decided on the basis of a procedure that ensures
the confidentiality of information and during which the migrant is duly represented,
has access to appropriate legal assistance and interpretation services, and has an
effective opportunity to explain why a return would not be in respect of his or her
rights; appeal procedures should have a suspensive effect;
(c)
Adopt and support strategies on migrants in vulnerable situations,
including by creating mechanisms and allocating resources to ensure that the status of
migrants in vulnerable situations can be determined individually, fairly and reliably
while respecting the principle of non-refoulement;
(d)
Children, whether unaccompanied, separated or accompanied by their
parents or other caregivers, should be returned only when the return has been
determined to be in their best interests through an appropriate procedure before a
competent institution that includes the proper representation of the child. Families
should never be separated unless separation is necessary to ensure the best interests of
the child; children should never be detained on the basis of their or their family’s
migration status, and alternatives to deprivation of liberty, such as family-based
solutions, should be adopted instead;
(e)
Ensure and facilitate, including as part of any readmission agreement,
independent monitoring of pre-removal processes, return, reception and reintegration
of migrants in countries of origin to guarantee compliance with international human
rights;
(f)
Ensure that readmission agreements or clauses comply with
international law, including the principle of non-refoulement, and guarantee
transparency, monitoring, oversight and accountability. All stakeholders, including
United Nations agencies, international organizations, non-governmental organizations
of all States involved, national human rights institutions and ombudspersons, and
migrants themselves, should be consulted prior to any conclusion of a readmission
agreement;
(g)
Provide accessible complaint mechanisms for migrants, including those
who have experienced sexual or gender-based violence, and also legal information and
aid in a language that they understand to ensure their access to justice and remedies
for human rights violations;
(h)
Provide and publicize accessible complaint mechanisms that migrants
may use without fear of retribution; and ensure prompt, impartial and independent
investigation of violations of human rights against migrants; and bring States,
international and regional organizations and other non-State actors found to be
responsible of human rights violations to justice through a fair trial;
(i)
Ensure that reintegration programmes are provided for migrants who
are returned to their countries of origin.
93.
In order to ensure reintegration that is human rights-centred and effective,
States and other stakeholders should:
(a)
Grant migrants, including irregular and temporary migrants, access to
social security benefits on the basis of equal treatment with nationals, and ensure the
portability of social security benefits by, inter alia, entering into bilateral, regional or
multilateral agreements;
(b)
Ensure that economic, sociocultural and psychosocial support is
provided to returnee migrants and communities in the country of origin prior, during
and after the return;
(c)
Ensure that children are able to obtain a certificate in the country of
destination attesting to the level to which they have completed their education;
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