A/71/285
95. Many rights-based alternatives to detention exist. 11 A number of countries have
moved towards open reception facilities, particularly for vulnerable migrants such
as unaccompanied minors and families. However, prolonged immigration detention
and its associated negative human rights consequences continue in many countries.
6.
The responsibility of States to protect and assist their citizens abroad, including
by ensuring proper documentation for their protection and their right to
re-entry, as contemplated in the Vienna Convention on Consular Relations,
and establishing bilateral and regional consular cooperation arrangements,
where needed
96. Consulates can add to the difficulties faced by their nationals, as they may
show reluctance to support their efforts in pursuing judicial remedies so as not to
affect their competitiveness in the international labour recruitment market. Consular
support should always be available to migrants in countries of destination 12 so that
they are able to access information and assistance on alternatives to exploitative
situations and on access to justice and social protection services (see A/70/310).
97. Countries of origin should provide prospective migrants with information on
regular migration channels, the risks associated with irregular migration and the
recourse available to them in cases of abuse and exploitation. Pre-departure and
post-arrival training should be seen as part of an entire curriculum of education
developed cooperatively by countries of origin and destination. The Special
Rapporteur is aware of countries such as the Philippines that offer and provide such
support to their nationals.
98. Consular staffing should be strengthened within missions in countries of
destination in order to: allow them to increase the scope of their work, give more
attention to combatting the practices of unscrupulous recruiters, respond more
effectively in order to protect and promote the rights of migrants and members of
their families, where necessary, and provide, in particular, the necessary assistance
to any migrants deprived of liberty or subjected to an expulsion order.
7.
Stressing, in the global compact, that the return of migrants who do not meet the
required international or national legal standards to remain in their host country
must be conducted in safety, dignity and respect for human rights, on the basis
of: (a) the primacy of voluntary returns; (b) cooperation between States of origin
and reception; and (c) enhanced reception and reintegration assistance to those
who are returned
99. The Special Rapporteur noted, in recent international conversations, an
increased focus on the return of migrants not benefiting fr om refugee protection.
Certainly, refugees need protection in accordance with the 1951 Convention relating
to the Status of Refugees. However, all migrants need the protection of their rights
in accordance with international human rights law and internatio nal labour law, in
particular in cases of detention, physical or mental abuse, labour exploitation,
forced labour, return to torture, sexual and gender -based violence, separation of
families, privacy and the protection of children.
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11
12
16-13509
R. Sampson, V. Chew, G. Mitchell and L. Bowring, There Are Alternatives: A Handbook for
Preventing Unnecessary Immigration Detention, revised ed. (Melbourne, International Detention
Coalition, 2015).
United Nations, Treaty Series, vol. 2220, No. 39481; CMW/C/GC/2.
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