A/HRC/38/41
(d)
Ensure that victims of trafficking are properly compensated for the
harm suffered and are protected from retrafficking;
(e)
In cases of forced return, conduct human rights risks assessments upon
arrival in order to determine and provide the protection and assistance necessary to
prevent human rights violations of migrants in returning countries; and decriminalize
illegal border crossings and combat stigma and discrimination associated with
irregular migration;
(f)
Promote regular intra- and interregional channels for migration and
labour mobility, and ensure that sufficient regular, safe, accessible and affordable
channels for migration are available;
(g)
Refrain from making development aid programmes, visa facilitation and
trade liberalization conditional to migration management;
(h)
Collect and analyse disaggregated data, and conduct research on all
aspects of the return of migrants in order to inform effective migration policies that
respect the human rights of migrants, including in the context of returns.
94.
By adopting the 2030 Agenda for Sustainable Development, States made a
commitment to facilitate orderly, safe, regular and responsible migration and mobility
of people, including through the implementation of planned and well-managed
migration policies (Sustainable Development Goal 10, target 7). Furthermore, the New
York Declaration for Refugees and Migrants stressed that States would 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. Under these
premises, the global compact for safe, orderly and regular migration will mark a
fundamental shift in the way that migration is perceived and framed. In particular,
States should move from a policy of containment to one that is migrant-centred and
ensures that movement, including returns, takes place in full respect of human rights.
Migration policies should be developed and implemented in accordance with States’
obligations under international human rights law, ensuring that regular, safe,
affordable and accessible avenues are available for all migrants.
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