A/65/222
Ensuring that all migrants, regardless of their immigration status, enjoy their
internationally recognized human rights at all stages of the migratory processes
in countries of origin, transit and destination should be the guiding principle of
migration governance.
68. In the Special Rapporteur’s view, the international community has created
an important momentum for enhanced international cooperation in addressing
the multifaceted issues raised by the international movement of people, as
advocated by the Secretary-General in his report on international migration
and development in 2005. 20 In his view, it is imperative that human rights are
fully incorporated in all migration-related processes and that a rights-based
approach to migration features prominently at the policy and decision-making
levels on migration governance-related issues. In light of the foregoing, the
Special Rapporteur wishes to put forth a number of general recommendations
for further consideration and action.
A.
A rights-based approach to migration governance
69. States should effectively promote and protect the human rights and
fundamental freedoms of all migrants, especially the rights of women and
children, regardless of their immigration status, in conformity with the Charter
of the United Nations and international human rights law and standards.
70. States that have not done so should incorporate the applicable legal
framework on human rights, the protection of the child, the protection of
migrant workers and their families, the protection of asylum-seekers and
refugees, the fight against transnational organized crime and the elimination of
contemporary forms of slavery into their national laws and policies as well as
into their bilateral, subregional and regional agreements for migration
management.
71. Efforts directed to adopt a human rights-based approach to migration
governance should be redoubled. States and other stakeholders should
systematically be guided by, and further the realization of, human rights
standards contained in and principles derived from the Universal Declaration
of Human Rights and other international human rights instruments, including
the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families, in all migration initiatives, including
those implying multi-stakeholders cooperation and technical assistance and in
all phases of the migration process.
72.
The Special Rapporteur also recommends that States:
(a) Review their national policies to harmonize them with existing
international, regional and subregional frameworks on rights-based approaches
to migration;
(b) Implement the policy options referred to in ILO Convention No. 143
and its accompanying Recommendation No. 151, particularly in light of the
particular problems faced by irregular migrant workers and other vulnerable
migrant workers as a result of their status.
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A/60/205.
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