A/68/283
global issues, recognizing the advantages of regulation at the international level, but
despite the existence of legal frameworks on migration issues, a comprehensive
framework for migration governance is still lacking. Certain aspects of migration
are more frequently discussed at the bilateral and multilateral levels, such as the
connections between migration and development. However, given that migration is
in essence a fundamentally human phenomenon, the Special Rapporteur notes the
need for an international migration governance regime strongly focused on human
rights.
9.
Thus, in the light of the upcoming High-Level Dialogue on International
Migration and Development and the post-2015 development agenda, the Special
Rapporteur decided to focus his report on examining global governance processes
on migration, in particular with a view to analysing whether human rights are
effectively included and mainstreamed therein.
1.
The concept of global migration governance
10. Global governance has been defined as the norms, rules, principles and
decision-making procedures that regulate the behaviour of states (and other
transnational actors). 1 In the sphere of migration, governance assumes a variety of
forms, including the migration policies and programmes of individual countries,
inter-State discussions and agreements, multilateral forums and consultative
processes, and the activities of international organizations, as well as relevant laws
and norms. 2
11. Owing to the lack of a comprehensive framework, global migration
governance is fragmented, with different institutional approaches and normative
frameworks relating to specific aspects of migration, such as the human rights of
migrants, smuggling of migrants, trafficking, refugees and asylum seekers, and
labour migration.
2.
Brief overview of developments relating to global migration governance
12. In 1990, the General Assembly adopted the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families.
Following its entry into force in 2003, a Committee to monitor its implementation
by States was established.
13. In 1994, the International Conference on Population and Development, held in
Cairo, included a chapter on international migration in its Programme of Action.
14. In 1999, the Commission on Human Rights created the mandate of the Special
Rapporteur on the human rights of migrants.
15. In 2002, the Secretary-General, in his report entitled “Strengthening of the
United Nations: an agenda for further change” (A/57/387), noted the need to take a
more comprehensive look at the various dimensions of the migration issue.
Subsequently, he set up a working group on migration, convened by his Special
Adviser, Michael Doyle, as part of his proposals for strengthening the United
Nations.
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1
2
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Alexander Betts, ed., Global Migration Governance (Oxford, Oxford University Press, 2011).
Global Commission on International Migration, “Migration in an interconnected world: new
directions for action” (2005).
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