Protection of the Human Rights of Migrants Migrants in Transit

A/HRC/RES/29/2View PDF

Who adopted this document and its mandates?

A Resolution of the Human Rights Council, under agenda item 3 Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2015.

What subjects does this mandate have?

10 subjects

Crime Prevention Human Rights Humanitarian Assistance Immigration Policy International Obligations Migrants Report Preparation Technical Cooperation Trafficking in Persons Transit Countries

What’s in this document?

21 operative paragraphs

Recalls with appreciation the report of the Special Rapporteur on the human rights of migrants,³ invites States to give due consideration to the recommendations contained therein, and welcomes his work;

³A/HRC/26/35.

Calls upon States that have not yet done so to consider signing and ratifying or acceding to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as a matter of priority, and requests the Secretary-General to continue his efforts to promote and raise awareness of the Convention;

Also calls upon States that have not yet done so to consider ratifying or acceding to the United Nations Convention against Transnational Organized Crime and its protocols, in particular the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime;

Reaffirms the duty of States to effectively promote and protect the human rights and fundamental freedoms of all migrants, especially those of women and children, regardless of their immigration status, in conformity with the Universal Declaration of Human Rights and the international instruments to which they are party;

Expresses concern at legislation and measures adopted by some States that may adversely affect the full enjoyment of the human rights and fundamental freedoms of migrants, including those in transit;

Reaffirms that, when exercising their sovereign right to enact and implement migration and border security measures, States have a duty to comply with their obligations under international law, including international human rights law, in order to ensure full respect for the human rights of migrants;

Calls upon all States to ensure that their immigration policies are consistent with their obligations under international human rights law, and to promote the enjoyment of human rights by all migrants without discrimination, including by taking steps:

To promote and protect the human rights of all migrants, including migrants in transit, without discrimination of any kind, and to this end to provide assistance and relief to migrants who need it, regardless of their immigration status, and to create a safe and enabling environment in which individuals and organizations that provide such attention can operate free from hindrance and insecurity;

To adopt effective measures to prevent and punish any form of illegal deprivation of liberty of migrants by individuals or groups within the territory and jurisdiction of the State;

To the effect that domestic law and administrative provisions and their application facilitate the work of all actors providing humanitarian assistance to and defending the human rights of irregular migrants, including by avoiding any criminalization, stigmatization, impediments, obstructions or restrictions thereof contrary to international human rights law;

To adopt concrete measures to prevent the violation of the human rights of migrants while in transit, including in ports and airports and at borders and other transit areas for migration, and to adequately train public officials who work in those facilities and in border areas to treat these migrants respectfully and in accordance with their obligations under international human rights law;

To adopt effective measures to prevent and punish the smuggling of migrants and trafficking in persons, and to reinforce cooperation and coordination at all levels to detect and suppress both the smuggling of migrants and trafficking in persons, in accordance with applicable international law;

To ensure that repatriation mechanisms allow for the identification and special protection of persons in vulnerable situations;

To recognize the importance of coordinated efforts by the international community and other stakeholders to assist and support migrants stranded in a vulnerable situation;

To provide assistance to persons in distress at sea and to enhance cooperation for such purposes in accordance with applicable international law;

To adopt a comprehensive and integral approach to migration policies and cooperate at the international level on the basis of shared responsibility to harness fully the economic developments and cultural and social opportunities that migration represents and to address efficiently its challenges in line with international human rights standards;

Encourages the Office of the United Nations High Commissioner for Human Rights to provide technical assistance to States parties, upon request, to better promote and protect the human rights of migrants;

Requests the Office of the High Commissioner to submit to the Human Rights Council before its thirty-first session a study on the situation of migrants in transit, including unaccompanied children and adolescents, as well as women and girls, in consultation with States and other relevant stakeholders, including regional organizations, civil society organizations and national human rights institutions;

Requests the Special Rapporteur on the human rights of migrants to continue to report on practical solutions, including with respect to the situation of migrants in transit, by identifying best practices and concrete areas and means for international cooperation in order to enhance the protection of the human rights of migrants, and to continue to pay attention to the topic of the universal enjoyment of human rights for all migrants;

Encourages States and regional and international organizations to enhance cooperation with the Special Rapporteur;

Decides to remain seized of the matter.

Who adopted this document and its mandates?

What subjects does this mandate have?

What’s in this document?

Table of contents