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9.
The Special Rapporteur takes note of the positive development of migration
and mobility being discussed within the framework of the United Nations, which
has resulted in the inclusion of migration-related targets in the Sustainable
Development Goals, and the New York Declaration for Refugees and Migrants, in
which States reaffirmed their commitments to the protection of the human rights of
migrants and to the establishment of a global compact for safe, orderly and regular
migration. The Special Rapporteur stresses the importance of ensuring that the
commitment of States to the protection of the human rights of migrants 1 is upheld
and translated into the adoption of the global compact.
10. The Special Rapporteur suggests that the global compact for safe, orderly and
regular migration should include provisions on the development of a 2035 agenda
for facilitating human mobility under the framework of the United Nations, in
parallel with the 2030 Agenda for Sustainable Development (General Assembly
resolution 70/1).
11. The golden thread of such an approach would primarily be to address targets
10.7 and 8.8 of the Sustainable Development Goals through a rights -based, age- and
gender-sensitive plan.
12. The Special Rapporteur envisions an agenda that, building on target 10.7,
outlines how human mobility can be facilitated effectively and underlines the
importance of taking a long-term strategic approach to developing more accessible,
regular, safe and affordable mobility policies and practices that will place States in a
better position to respond to the significant demographic, economic, social, political
and cultural challenges that lie ahead.
13. Given that the global compact for safe, orderly and regular migration will be
submitted for adoption in 2018, the agenda could be launched in 2020 following a
two-year preparatory process. The agenda would encompass a modest but
achievable number of universal goals aimed at protecting the human rights of
migrants and facilitating mobility in the subsequent 15 years, with precise targets
and indicators, realistic timelines and benchmarks and effective accountability
mechanisms.
B.
Migration: perceptions versus reality
14. The Special Rapporteur wishes to recall the New York Declaration for
Refugees and Migrants, in which States recognized that, in accordance with the
obligations of States under international law, migrants must have comprehensive
policy support, assistance and protection and that their human rights must be fully
respected.
15. Under international law, States have the duty to protect migrants at all stages
of the migratory process and to provide them with access to justice to remedy any
discriminatory treatment or human rights violations that they experience. All
migrants should be recognized and treated with respect and dignity as equal rights
holders, regardless of their migratory status in relation to the sovereign territory in
which they find themselves.
16. The Special Rapporteur proposes a fundamental shift in the way that migration
is perceived and framed. Migration governance is not a matter of closing off borders
and keeping people out, but one of regulating mobility by opening regular, safe,
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1
17-12223
All references to migrants throughout the present report should be read as “migrants, regardless
of their status or circumstances”.
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