A/65/222
Governments and other stakeholders with regard to the development, strengthening
and implementation of more effective and rights-based national and international
labour migration policies.
55. The Special Rapporteur also praises the adoption of the 10-point plan of action
by the Office of the United Nations High Commissioner for Refugees (UNHCR) in
2007. The plan is a tool to assist all stakeholders in migration management policies,
especially in the context of mixed migratory flows where protection initiatives are
particularly required. In his view, the 10 areas addressed in the plan should feature
prominently in migration management initiatives and activities in countries of
transit and destination. The areas are: cooperation among key partners; data
collection and analysis; protection-sensitive entry systems; reception arrangements;
mechanisms for profiling and referral; differentiated processes and procedures;
solutions for refugees; addressing secondary movements; return arrangements for
non-refugees and alternative migration options, and information strategy. The
Special Rapporteur commends the impact of the plan, which inspired the
development of protection initiatives in various regions and which were compiled in
2009 by UNHCHR. He welcomes the compilation as a knowledge-sharing tool that
provides practical guidance for the implementation of the 10-point plan in action.
(b)
Large-scale regularization programmes
56. The Special Rapporteur wishes to highlight the fact that creating opportunities
for regularizing the situation of non-documented migrants constitutes, in his view, a
rights-based alternative to managing irregular migration without resorting to its
criminalization.
57. The Special Rapporteur welcomes recent large-scale regularization
programmes, which improve the enjoyment of human rights by migrants,
particularly economic and social rights, and contribute to their integration in
countries of destination. In this regard, he concurs with the United Nations High
Commissioner for Human Rights, who stressed that this approach recognizes that
migrants who do legal and decent work are likely to contribute more to development
than those who are economically exploited and socially excluded. 17
58. The Special Rapporteur observes that large-scale regularization programmes
are usually part of a multi-pronged strategy. They are aimed at incorporating
workers in the informal “underground” economy into the formal economy, and in
that way, to increase their contributions to national tax and social security revenues,
limit workers exploitation and abuse and discourage migrant smuggling and human
trafficking. He also observes that these programmes usually specify requirements of
potential beneficiaries, including length of residence, proof of work and, in some
instances, proof of social welfare contributions, age range and nationality (when the
regularization programmes target migrants from countries with cultural and
historical connections with the host country).
59. The Special Rapporteur welcomes the positive impact that recent large-scale
regularization exercises have had on the lives, working conditions and realization of
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Office of the United Nations High Commissioner for Human Rights (OHCHR), Migration and
Development: a Human Rights Approach, Geneva, 2008, para. 47, available from:
http://www2.ohchr.org/english/bodies/cmw/docs/HLMigration/
MigrationDevelopmentHC'spaper.pdf.
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