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(g) Enjoyment of all economic, social and cultural rights, including the right
to education, health, social security and adequate housing, as well as labour rights,
for all migrants, including irregular migrants;
(h) Protection of the human rights of migrants at borders, 6 both at entry and
during expulsion procedures;
(i)
Effective access to justice for all migrants, whatever their status.
47. Regional mechanisms are becoming an important feature of the global
migration governance architecture.
48. Agreements on the free movement of persons have created open mobility
regimes, such as in the European Union and the Southern Common Market
(MERCOSUR). However, with the recent “Brexit” vote, it is clear that migration
under such regimes can create resentment and fears that can be fuelled by political
discourse. With appropriately informed public debate, expanding and linking such
freedom-of-movement zones should become a priority.
49. Mobility agreements between a freedom-of-movement zone and an external
country are prominent in the recent European Union dialogue about its migration
and border management policies, encompassing a broad range of issues, from
development aid to temporary entry visa facilitation, circular migration programmes
and the prevention of irregular migration, including cooperation on readmission.
Transparent and effective monitoring and accountability mechanisms would
enhance their legitimacy.
50. While the growing number of regional consultative processes are important
trust-building exercises, they can also lead to contradictions and lack of
accountability and oversight, especially when such processes trigger changes in
policy and practice that affect the rights of migrants. Regional consultative
processes should be developed to take in issues beyond border control, interdiction
and return, including cooperation on the protection of migrants’ rights and on
expanded visa liberalization and facilitation, in order to develop accessible, regular,
safe and affordable mobility solutions for migrants at all skill levels.
51. Regional organizations, regional consultative processes and bilateral
agreements contribute usefully to global migration governance and serve as
laboratories for policy initiatives. However, under a human rights-based framework,
and taking into account the consequences of their decisions on the lives and rights
of migrants, States have the duty to ensure that bilateral and regional arrangements
are transparent, and that they respect, protect and promote human rights and ensure
accountability, especially in favour of migrants.
52. A number of trade agreements contain clauses relating to the mobility of
persons, although they oftentimes refer only to executives and highly skilled
expatriates. Such clauses should be expanded to cover migrants at all skills levels
and should be inserted in a human rights framework, which would improve their
coherence. Such clauses should include rigorous due diligence, monitoring and
oversight mechanisms.
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16-13509
See OHCHR Recommended Principles and Guidelines on Human Rights at International Borders,
2014. Available from: www.ohchr.org/EN/Issues/Migration/Pages/InternationalBorders.aspx.
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