A/HRC/17/33
identities, which are linked to the cultures both of the homeland and of the country of
origin.39 A more thorough research and discussion on the civil rights of migrants and their
political participation in host societies could reflect the different situations faced by
migrants in various States and identify best practices and examples of successful integration
in host societies through participation in the decision-making process affecting the interests
of migrants.
76.
Finally, the Special Rapporteur is of the opinion to strengthen the importance of
improving international cooperation and governance. Unfortunately, the unwillingness of
states to move forward in this area can be seen in the poor ratification record of the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families,40 adopted by the General Assembly on 18 December 1990. In
fact, only 44 States out of 192 United Nations Member States had ratified it by end of 2010.
These were virtually only countries of origin; destination countries have in general not been
willing to support measures designed to protect migrants at the international level.41
77.
Rather than limiting migration, for instance through the criminalization of irregular
migration and stricter control measures at borders, the Special Rapporteur suggests greater
economic and social equality between the North and the South, so that migration can occur
under better conditions and enrich the experiences and capabilities of migrants and their
communities. Reducing irregular migration is a valid aim only if it is coupled with the
understanding that this may well mean greater mobility overall – mobility of a different and
more positive kind. This may require measures that go well beyond the usual range of
migration-related policies. Reforms of trade policies could, for instance, encourage
economic growth in developing countries. Development assistance could be another
strategy, which could reduce irregular migration over the long term. Although some
countries of origin have managed to achieve substantial growth, in general the gap between
poor and rich countries has also grown further. Rapid demographic growth, economic
stagnation, ecological degradation, weak State infrastructure and human rights violations
still affect many countries in the developing world. According to the Special Rapporteur,
tackling these root causes would be a significant step forward.
IV.
Conclusions
78.
The Special Rapporteur would like to thank the Human Rights Council for the
privilege and opportunity he has had to serve in this capacity. Unfortunately migrants
are facing increasing intolerance and are becoming more vulnerable to potential racist
or xenophobic outbreaks of violence, or they may fall prey to criminal traffickers and
smugglers. Those with an irregular status are often afraid or unable to seek protection
and relief from the concerned authorities and are often left without access to basic
social rights, particularly health care, education and housing. However, migration can
be an essential component of development and prosperity in countries of destination,
transit and origin in all regions of the world, and migrant labour continues to be vital,
and in demand, in most countries around the globe.
79.
The Special Rapporteur has proposed a few possible themes to be further
developed and highlighted the relevance of these issues to the mandate, taking into
account a human rights perspective. These two issues, migration in the context of
climate change and political participation and civil rights of migrants, are gaining
39
40
41
20
See note 6 above, pp. 310-311.
See http://www2.ohchr.org/english/law/cmw.htm
See note 6 above, pp. 302-303.