A/HRC/53/26
children and parents to become undocumented, making them vulnerable to abuse and
exploitation and limiting their enjoyment of human rights. 52
70.
The Special Rapporteur urges Governments to focus on addressing the root
causes that drive people to migrate irregularly, while policies and regularization
procedures should provide irregular migrants with the tools for success. For instance,
free-of-charge workshops that teach migrants to be entrepreneurs can provide them
with the tools to bring development into their communities and financial security for
their families. Furthermore, regularization programmes should be designed and
implemented in consultation with civil society organizations, particularly migrants’
associations and, where relevant, youth-led organizations. 53 The Special Rapporteur
highlights the importance of creating structural conditions for migrants to thrive and
contribute to society.
71.
The Special Rapporteur wishes to emphasize the triple function of regularization
as a central mechanism for the protection of the rights of migrants and their families,
especially those who are in a particularly vulnerable situation; as a key tool for the
effective implementation of a comprehensive migration policy; and as a factor that
contributes to the fulfilment of the goals of numerous public policies in countries of
destination. Regularization is, therefore, a protection and inclusion tool that benefits
migrants, their families, destination countries and communities. In short, expanding
pathways for regular migration and guaranteeing temporary regularization leading to
permanent mechanisms in destination countries represent two essential aspects for
compliance with the Global Compact for Safe, Orderly and Regular Migration and
other international standards.
72.
The Special Rapporteur recommends that States:
(a) Strengthen the legal framework for the protection of all migrants in line
with international human rights standards. States should take appropriate measures
towards regularizing the situation of such people, considering such factors as the
duration of their stay and their family situation. Progress in this area may also require
legislative review and reform at the national level to establish and refine regularization
mechanisms and to ensure access to legal assistance for such procedures. This may
include the ratification of relevant international standards, including the International
Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families;54
(b) Review and design regularization mechanisms and any ongoing
programmes, with particular attention to the implementation of permanent
regularization mechanisms on a range of grounds;
(c) Ensure that international human rights law limitations to returns are
included in national law and policy frameworks as permanent grounds for
regularization by reviewing and reforming national legislation to comply with
international human rights law obligations (e.g. the principle of non-refoulement, the
right to family life, the right to private life, the best interests of the child and the right
to rehabilitation of victims of torture), which may give rise to an entitlement to
regularization;
(d) Provide clear, efficient, affordable and accessible administrative
procedures by which migrants, including undocumented ones, can apply for and renew
their residence status to prevent people from falling into irregularity due to inefficient
administrative migration policies;
(e) Ensure that fee waivers are available for children, young people and people
in poverty and that any fees levied are proportionate and do not exceed the costs of the
services provided to process applications and issue permits;
52
53
54
GE.23-06641
See submission from UNICEF.
See submission from the Migration Youth and Children Platform.
OSCE, “Regularization of migrants in an irregular situation”. https://www.osce.org/odihr/494251.
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