A/HRC/32/40 displacement. He also notes that bilateral labour mobility agreements have not always been comprehensive in the protections they afford migrants and systematically fail to cover the entire migration cycle, to address gender-specific concerns, to provide for consultation with stakeholders outside of government, to integrate wage protection measures and to prohibit the confiscation of travel and identity documents. 69. The Special Rapporteur stresses that, even with the emergence of bilateral labour mobility agreements intended to improve social protections and curb illicit activity, the systemic abuse of migrants has continued, accompanying irregular migration, migrant smuggling, forced labour, child labour and human trafficking. 70. The Special Rapporteur proposes a global mobility framework in bilateral and multilateral trade agreements that would strengthen protections for migrants. Such a framework would build upon the protections specified in the ILO Multilateral Framework on Labour Migration (2006) and the ILO Migration for Employment Recommendation (Revised), 1949 (No. 86), to which a model agreement on temporary and permanent employment is annexed and includes provisions relating to recruitment, equality of treatment, education and vocational training, housing and employment contracts, among other provisions. V. Promoting the human rights of migrants A. Improving State accountability, effective monitoring and oversight 71. In keeping with the principles advocated by the Working Group on Business and Human Rights and other mandate holders, States must ensure that the trade agreements they conclude reflect their obligations under international law. According to the Guiding Principles on Business and Human Rights, this means that States must not breach international human rights law obligations where such abuse can be attributed to them, or where they fail to take appropriate steps to prevent, investigate, punish and redress private actors’ abuse. States also have a duty to refrain from ratifying agreements that make it more difficult to uphold fully human and labour rights. 72. The Special Rapporteur wishes to provide States with guidance on how to ensure that the trade agreements they conclude are consistent with their obligations towards migrants under international law. The Special Rapporteur understands that there is no blanket solution that will remedy all of the challenges related to trade and migration, but he believes that the systematic inclusion of a series of processes and provisions during trade negotiations would establish a strong institutional framework for the protection of migrants’ rights. Such a system would include explicit references to international human rights and labour instruments in trade provisions, the dissemination of information about the draft terms of trade agreements and opportunities for public discourse about trade implications and the collection of reliable data that is made public to better inform trade policies and migration patterns. 73. The Special Rapporteur underscores the need to conduct human rights impact assessments reflective of the relevant national contexts and capacities (human, financial, political and technical) to determine appropriate provisions relating to general exception clauses, judicial remedies and other compensatory, adjustment, grievance and remedial mechanisms. These arrangements must be accompanied by monitoring and enforcement mechanisms that are developed in consultation with migrants and are continuously monitored to ensure their effectiveness. A national agency designated with independently monitoring all of the relevant ministries involved in migration matters may facilitate a comprehensive understanding of the labour migration experience of migrant workers. The 16