A/71/285
address human rights protection gaps for migrants. The guidance could form an
important part of the global compact, as it is derived from existing obligations under
international law and seeks to assist States and other stakeholders with regard to the
development, strengthening, implementation and monitoring of measures to protect
migrants in vulnerable situations and in large and/or mixed movements. As
demonstrated herein, the Special Rapporteur has contributed to this effort, and
believes in the importance of such a consultative process and guidance to assist
States and other stakeholders in the implementation of their human rights
obligations in devising rights-based responses to large-scale, irregular and
precarious movements.
9.
Giving favourable consideration to incorporating into national policies and
practices the insights of the State-led Migrants in Countries in Crisis Initiative to
protect and assist migrants in countries experiencing conflicts or natural
disasters and of the Nansen Initiative in its agenda for the protection of persons
crossing international borders as a result of natural disasters and climate change,
and continuing to develop such initiatives
107. The Special Rapporteur supports such initiatives and notes that a broader
framework based on human rights for all migrants is required to encompass these
initiatives so as to guarantee a more holistic approach.
10.
Forging a closer relationship between the United Nations and the International
Organization for Migration, including through a strengthened legal relationship
108. The recent unprecedented numbers of irregular migrants seeking safety and
security serve to underline the fact that, despite the existence of legal frameworks
on migration issues, a comprehensive framework for migration governance is still
lacking. Given that migration is a natural human phenomenon unlikely to end in the
foreseeable future, and as stated in the Special Rapporteur’s 2013 report to the
General Assembly on global migration governance (see A/68/283), the United
Nations must be involved to a greater extent in the debate on global migration
governance, ensuring that proper attention is given to the human rights of migrants.
109. 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, the smuggling of migrants, refugees and asylum seekers and labour
migration.
110. The Special Rapporteur observes that the reluctance of States to strengthen
migration governance seems to be based on the misconception that this will limit
their sovereignty. States have the power to determine who enters and stays in their
territory. More governance does not mean giving up this sovereignty. O n the
contrary, States would have more control if there were more migration governance.
More governance simply means improving the coordination and cooperation
between States, leading to better governance over migration that would better
respect human rights, thus further protecting States from allegations of human rights
abuses against migrants.
111. As the scope and complexities of migration continue to grow, the alternative to
more robust global migration governance is a highly unregulated system, with a
range of uncoordinated actors, including from the private sector. In reality, State
sovereignty is more challenged by insufficient global migration governance, which
facilitates the role of other actors, such as exploitative migrant smugglers and
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