A/HRC/38/41
7.
In three working visits to Geneva and one to New York, the Special Rapporteur held
initial consultations with multiple stakeholders relevant to his mandate, including the cofacilitators of the global compact, the co-chairs of the Global Forum on Migration and
Development, representatives of OHCHR, the International Organization on Migration
(IOM), the Office of the United Nations High Commissioner for Refugees (UNHCR), the
International Labour Organization (ILO), the United Nations Children’s Fund (UNICEF),
the Special Representative of the Secretary-General on Violence against Children, special
procedure mandate holders, ambassadors, academics and representatives of nongovernmental organizations.
8.
During the period under review, the Special Rapporteur sent 30 joint
communications (see A/HRC/37/80). He also issued several press releases on the situation
of migrants in Israel, Libya and the United States of America, and on, inter alia, the
international days of migrants and against racism, prior to the stocktaking conference in
Puerto Vallarta.
III. Study on the return and reintegration of migrants
A.
Introduction
9.
In recent years, there has been an increased focus on the return of migrants to the
detriment of other migration policy options, such as regularization, social inclusion or the
expansion of regular pathways. In general, the political sensitivity of irregular migration
and the increasing securitization and criminalization of cross-border movements of people
outweigh the actual scope and impact of irregular migration. 2 In this context, the
proliferation of readmission agreements is an issue of concern. Under the broad auspices of
more efficient and effective migration management, States increasingly conduct push and
pull-back operations and adopt bilateral and regional readmission agreements. Furthermore,
countries of origin and third countries with weak rule of law and poor asylum systems
continue to turn back migrants, counter to international human rights norms and standards,
which include the prohibition of collective expulsions and the principle of non-refoulement.
10.
Returns are often not desirable or even feasible options for migration management.
Return efforts are expensive, difficult to implement and problematic to carry out in
accordance with human rights law. Moreover, if return programmes are not coupled with
robust reintegration programmes, and where root causes for irregular migration persist,
migrants, including those previously returned, would still undertake perilous journeys
(A/72/643, para. 39).
11.
In his 2035 agenda for facilitating human mobility, the previous mandate holder
proposed eight mobility goals, inter alia, goal 3, on ensuring respect for human rights at
border controls, including return, readmission and post-return monitoring, and establishing
accountability mechanisms (A/72/643, para. 40).
12.
In his study, the Special Rapporteur examines current return and reintegration
practices, their compliance with international human rights norms and standards, and their
impact on the human rights of migrants, including migrants with particular protection
needs. He also makes recommendations on ensuring that returns are conducted in safety,
with regard to dignity and respect for human rights, on the basis of the primacy of voluntary
returns, cooperation between countries of origin and reception, and enhanced reception and
sustainable reintegration assistance for those who are returned.
13.
The study was informed by submissions from international organizations and nongovernmental organizations, and contributions from international experts. The Special
Rapporteur also participated, on 6 March 2018, in an expert meeting on protecting the
2
4
Platform for International Cooperation on Undocumented Migrants (PICUM), submission to the
Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families,
April 2013.