A/HRC/35/25
Goal 1.
Offer regular, safe, accessible and affordable mobility solutions to all migrants,
regardless of their status or skill level
Rationale
44.
In the New York Declaration, States committed to “consider facilitating
opportunities for safe, orderly and regular migration, including, as appropriate, employment
creation, labour mobility at all skills levels, circular migration, family reunification and
education-related opportunities”. In order to implement that commitment, they need to
develop and implement long-term national migration policies, in line with their obligations
under international human rights law, ensuring that regular, safe, affordable and accessible
avenues are available for all migrants. The overall goal in terms of governing mobility is
for most migrants to use regular channels to enter and stay in destination countries, thereby
reducing considerably the size of the underground migrant smuggling market. States must
recognize and address what may be termed as the pull factors of migration, such as
unrecognized demands for low-skilled labour in economic sectors that are not met locally,
and provide safe, regular, accessible and affordable migration channels to meet the demand
for such low-skilled jobs. When regular migration channels fail to properly reflect labour
market needs, migrants are more likely to be offered undocumented migration solutions by
smuggling rings and unethical recruiters and become victims of exploitation and abuse.
45.
Opening up more regular migration channels for migrants at all skill levels would
considerably reduce undocumented migration and limit the power of smuggling rings.
Allowing people to look for work on the regular labour market would present opportunities
for both employers and workers. Abolishing sponsorship-based temporary migrant worker
programmes and providing open work visas would considerably reduce labour exploitation.
46.
Through resettlement programmes for refugees and the provision of humanitarian
visas and other opportunities, it is well within the means of States to develop the
mechanisms necessary for providing resettlement opportunities to refugees. A worldwide,
well-governed distribution key that provides resettlement programmes for refugees and
humanitarian visas and other opportunities will create a reliable long-term programme and
ensure that a large number of refugees will seek resettlement rather than spend large sums
of money and risk their lives and those of their children in smuggling operations. This
would considerably reduce the market for smugglers, as well as the cost of refugee status
determination procedures in the countries of destination.
47.
In order to introduce a human rights-based approach to the mobility of human
resources in the negotiation of bilateral and multilateral trade agreements, States should, in
partnership with the business communities involved, considerably enlarge the elements of
human mobility and labour migration in trade negotiations, and representatives of migrants
should be offered meaningful opportunities to comment on draft trade agreements as key
stakeholders.
48.
Much of the labour exploitation that migrants suffer is linked to recruitment
agencies. In accordance with international human rights standards, private actors must, as a
minimum, respect the human and labour rights of their workers. The private sector,
including recruitment agencies and employers, plays an important role in the labour
exploitation of migrants and must therefore be part of the solution.
Targets
10
1.1.
Protect the human rights of all migrants, in compliance with international human
rights standards
1.2.
Adopt and enforce human rights-based, coherent and comprehensive national
migration policies to ensure regular, safe, affordable and accessible migration
options for all migrants
1.3.
Considerably increase the number of resettlement and humanitarian visa options
for refugees