A/RES/73/195
Global Compact for Safe, Orderly and Regular Migration
the detention occurs. We further commit to prioritize non-custodial alternatives to
detention that are in line with international law, and to take a human rights-based
approach to any detention of migrants, using detention as a measure of last resort only.
To realize this commitment, we will draw from the following actions:
(a) Use existing relevant human rights mechanisms to improve independent
monitoring of migrant detention, ensuring that it is a measure of last resort, that
human rights violations do not occur, and that States promote, implement and expand
alternatives to detention, favouring non-custodial measures and community-based
care arrangements, especially in the case of families and children;
(b) Consolidate a comprehensive repository to disseminate best practices of
human rights-based alternatives to detention in the context of international migration,
including by facilitating regular exchanges and the development of initiatives based
on successful practices among States, and between States and relevant stakeholders;
(c) Review and revise relevant legislation, policies and practices related to
immigration detention to ensure that migrants are not detained arbitrarily, that
decisions to detain are based on law, are proportionate, have a legitimate purpose, and
are taken on an individual basis, in full compliance with due process and procedural
safeguards, and that immigration detention is not promoted as a deterrent or used as
a form of cruel, inhumane or degrading treatment of migrants, in accordance with
international human rights law;
(d) Provide access to justice for all migrants in countries of transit and
destination who are or may be subject to detention, including by facilitating access to
free or affordable legal advice and assistance of a qualified and independent lawyer,
as well as access to information and the right to regular review of a detention order;
(e) Ensure that all migrants in detention are informed about the reasons for
their detention, in a language they understand, and facilitate the exercise of their
rights, including to communicate with the respective consular or diplomatic missions
without delay, legal representatives and family members, in accordance with
international law and due process guarantees;
(f) Reduce the negative and potentially lasting effects of detention on
migrants by guaranteeing due process and proportionality, that it is for the shortest
period of time, that it safeguards physical and mental integrity, and that, at a
minimum, access to food, basic health care, legal orientation and assistance,
information and communication as well as adequate accommodation is granted, in
accordance with international human rights law;
(g) Ensure that all governmental authorities and private actors duly charged
with administering immigration detention do so in a way consistent with human rights
and are trained on non-discrimination and the prevention of arbitrary arrest and
detention in the context of international migration, and are held accountable for
violations or abuses of human rights;
(h) Protect and respect the rights and best interests of the child at all times,
regardless of migration status, by ensuring availability and accessibility of a viable
range of alternatives to detention in non-custodial contexts, favouring communitybased care arrangements, that ensure access to education and health care, and respect
the right to family life and family unity, and by working to end the practice of child
detention in the context of international migration.
22/36
18-22354