A/HRC/59/49
Regular Migration, which is an invaluable framework for international cooperation in
the context of migration.
79.
In the light of the foregoing, the Special Rapporteur submits the following
recommendations to States.
A.
Prevention and protection
80.
In the context of prevention and protection, it is recommended that States:
(a)
De-securitize immigration enforcement and eliminate overly rigid and
stringent migration policies in favour of rights-based migration and border
management, with a view to protecting migrants in vulnerable situations;
(b)
Uphold the right to asylum, including by ensuring safe access to the
territory and individualized assessment of protection needs under international human
rights and refugee law;
(c)
Expand safe and regular pathways for admission and stay based on
human rights and humanitarian grounds and on regularization of stay/residence status
and enhance those pathways by ensuring that they lead to secure status, access to rights
and basic services and meaningful avenues to naturalization;
(d)
Eliminate bilateral or multilateral migration agreements that foresee
deportation practices that do not comply with international law, notably the principle
of non-refoulement, the prohibition of collective expulsion and the right to seek asylum;
(e)
De-criminalize migration and ensure that immigration detention is never
used for children and used as last resort for adults and that it complies with applicable
international law standards;
(f)
Guarantee that all migrants deprived of liberty, without exception and
regardless of the place of deprivation of liberty, are afforded, de jure and de facto, all
the fundamental legal safeguards accorded to them under international law, including
communication channels without delay with their family members or any persons of
their choice, including legal counsel and consular and diplomatic services, while being
detained;
(g)
Adopt specific safeguards against secret detention, including that
migrants are held solely in officially recognized and supervised places of deprivation of
liberty;
(h)
Establish a centralized digital registration system for all detention centres,
including for transfers between locations, and ensure prompt notification of family
members if any such transfers occur;
(i)
Ensure the right to challenge the lawfulness of a deprivation of liberty so
that any person with a legitimate interest may initiate such procedure, irrespective of
the place of deprivation of liberty, and that migrants deprived of liberty have access to
appropriate mechanisms to report violations of their rights and that those violations
are officially recorded;
(j)
Ensure that no family separation occurs, particularly when children are
involved, as part of immigration detention and/or deportation procedures or during
rescue operations, and that families who have been separated are promptly reunified
without delay;
(k)
Ensure that migration policies fully comply with international obligations
regarding the rights of migrant and refugee children, explicitly prohibit the detention
of children solely as a result of their or their guardians’ migration status and ensure
that migration policies are guided by the principle of the best interests of the child;
(l)
Enable migrants and their families to establish, restore or maintain
contact along migratory routes and at their point of destination;
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