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children should be repatriated only if it is in their best interests, namely, for the
purpose of family reunification and after due process of law.
51. The Special Rapporteur also wishes to draw the General Assembly’s attention
to the dearth of qualitative and quantitative information regarding the experiences of
migrant children (both unaccompanied and with their families) within migration
control measures (e.g., information about their treatment at borders and in detention
centres). He also wishes to draw attention to the increase of exploitation of migrant
children for economic purposes and regrets that indicators on these issues are absent
in most transit and destination countries, and that monitoring mechanisms both
governmental and non-governmental, are quite scarce.
C.
Examples of good practices and alternatives to the criminalization
of irregular migration
52. In discharging his mandate, the Special Rapporteur has come across a number
of initiatives, activities and policies implemented by Governments,
intergovernmental and civil society organizations and the private sector that reflect
commitment to the realization of human rights while managing irregular migration.
The Special Rapporteur wishes to highlight a number of those practices, policies
and programmes and, while emphasizing that the list is not exhaustive, to encourage
all parties to submit to him information on other pertinent practices, policies and
programmes.
1.
Good practices
53. In the Special Rapporteur’s view, creating opportunities for regular migration
is a key strategy to address the root causes of irregular migration and discourage
migrant smuggling and human trafficking. In this regard, he welcomes regional
integration frameworks, such as the European Union, the Southern Common Market
(MERCOSUR) and the Economic Community of West African States (ECOWAS),
all of which favour labour mobility through legal migration channels. The Special
Rapporteur wishes to highlight some practices aimed at promoting human rightsbased approaches to migration management and at regularizing the situation of
non-documented migrants on a large scale.
(a)
International frameworks for rights-based partnerships on migration management
54. The Special Rapporteur also welcomes the adoption of international
frameworks for rights-based partnerships on migration management by international
organizations and commends the global efforts of those organizations to create
knowledge-sharing tools to promote a rights-based approach to migration
management. He celebrates the adoption, in 2005, by the International Labour
Organization (ILO) of its multilateral framework on labour migration, based on a set
of non-binding principles and guidelines for a rights-based approach to labour
migration. This initiative is based on research, global labour migration practices and
principles contained in relevant international instruments and international and
regional policy guidelines, including the International Agenda for Migration
Management. It also includes the collection of examples of best practices, which
have been broadly publicized by ILO. In the Special Rapporteur’s view, the
collection of good practices is a valuable means to provide practical guidance to
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