A/HRC/32/40
7.
Migrant workers account for 150.3 million of the world’s approximately 232 million
international migrants, and it is expected that the number of workers crossing borders in
search of security and employment will continue to increase. 1 The Special Rapporteur
believes in the power of trade to catalyse economic growth and advance social welfare, but
notes that trade has not always led to inclusive, equitable and sustainable development
outcomes for all. World Bank estimates indicate that even a 3 per cent increase in migrant
labour from developing to high-income countries during the period 2005-2025 would yield
gains to the global economy of $356 billion.2
8.
The Special Rapporteur understands that trade in itself is not the culprit of migration
challenges, nor can it remedy all related ills, but he maintains that fostering a culture of
transparency, accountability and ethical business practice while respecting the human rights
of migrants can reap positive development outcomes. Over the past two decades, most
Governments have concluded preferential trade agreements that incorporate human rights
provisions. While this has been a positive development, it has also resulted in increased
fragmentation in the interpretation of international human rights standards, as well as a
prejudicial application of labour mobility arrangements and immigration laws, effectively
infringing upon the human rights of migrant workers and their families. The Special
Rapporteur’s assessment includes not only the instabilities triggered by the power
imbalances, protectionism and national interests that have become embedded in the
international trade regime, but also the ways in which trade can serve as a vehicle for
advancing human rights, development and better opportunities for all migrant workers.
9.
In writing the present report, the Special Rapporteur recognizes the work of the
following United Nations bodies, mechanisms and policy documents: the human rights
treaty bodies, the universal periodic review, other special procedure mandate holders, the
Special Representative of the Secretary-General on International Migration and
Development, the International Labour Organization (ILO), the United Nations Conference
on Trade and Development (UNCTAD), the High-level Dialogue on International
Migration and Development, the Global Migration Group and the 2030 Agenda for
Sustainable Development. The Special Rapporteur also recognizes the work of IOM and the
Global Forum on Migration and Development.
10.
The Special Rapporteur consulted a human rights impact assessment and scoping
study currently being conducted by the Office of the United Nations High Commissioner
for Human Rights (OHCHR), the Economic Commission for Africa and Friedrich-EbertStiftung on the Continental Free Trade Area. The Special Rapporteur also consulted experts
from the United Nations, academia and civil society organizations.
B.
Relationship between international trade and migration in the context
of globalization
11.
International trade is the exchange of goods or services between nations. The
foundation of international trade law is established by international treaties and agreements,
the domestic laws of a State party to a trade agreement, and case law on the resolution of
trade disputes between States. Trade agreements may consist of bilateral and plurilateral
arrangements or multilateral arrangements, and recent agreements have included chapters
or protocols on investment.
1
2
4
International Labour Organization, Global Estimates on Migrant Workers: Results and Methodology
— Special Focus on Migrant Domestic Workers (Geneva, International Labour Office, 2015).
World Bank, Global Economic Prospects: Economic Implications of Remittances and Migration
(Washington, D.C., 2006).