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migration. The Special Rapporteur has evaluated the options mentioned by the
Global Commission, including creating a new agency, possibly by merging IOM and
UNHCR; designating a lead agency, such as UNHCR or ILO; and bringing IOM into
the United Nations system. He has also considered other measures to strengthen the
current institutional framework.
1.
New United Nations organization
102. Proposals have been made to establish a new United Nations organization with
a specific mandate on international migration. Owing to the significant resources
which would be required, this is not very likely to be accepted by States in the near
future.
103. It has been suggested that, rather than creating a completely new agency, an
agency could be created by merging IOM and UNHCR. The two organizations are
already cooperating closely. However, a merger seems difficult to achieve, as long
as UNHCR is a United Nations agency with a protection mandate based on the
Convention relating to the Status of Refugees and IOM is not part of the United
Nations system and has no protection mandate.
2.
Expand the mandate of the Office of the United Nations High Commissioner for
Refugees to cover all migrants
104. As an alternative to merging IOM and UNHCR, which seems difficult, an
option that has been discussed is to expand the mandate of UNHCR to cover all
migrants. The agency’s mandate is currently limited to asylum seekers and refugees,
stateless persons and internally displaced persons. Having one United Nations entity
dealing with refugees, and none dealing exclusively with migrants, has resulted in
the neglect of the rights of migrants, who are sometimes referred to as “mere” or
“economic” migrants with no protection needs, even though this is often not the
case.
105. While expanding the refugee agency’s mandate would make sense
substantially, it is to be feared that if this were to happen, migrants would not
receive the same attention as refugees, as UNHCR has already built up expertise
from working with refugees for more than 60 years and the normative basis for its
work is the Convention relating to the Status of Refugees. Conversely, some might
also fear that expanding the mandate of UNHCR would detract from its very
important refugee protection mandate.
3.
Creating a lead agency on migration
106. There is currently no lead agency on migration, either inside or outside the
United Nations system. As long as the mandate of UNHCR does not cover all
migrants, designating it as the lead agency for migration would not be advisable.
107. ILO has a constitutional mandate to protect migrant workers and is dedicating
an increasing amount of its work to labour migration. While many persons cross
borders to seek decent work and livelihoods, not all migrants are migrant workers,
and migrants have rights and needs which expand beyond labour-related rights. This
would make it difficult for ILO to have a holistic approach to migration beyond
labour migration.
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