Protection of the Human Rights of Migrants the Global Compact for Safe, Orderly and Regular Migration

A/HRC/RES/35/17View PDF

Who created this mandate?

A Resolution of the Human Rights Council, under agenda item 3Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, published in 2017.

Who cites this mandate in the budget?

1 entity

Extracted automatically from each entity’s budget submission.

What subjects does this mandate have?

7 topics

Human Rights Immigration Policy International Cooperation International Migration Migrants Principles Report Preparation

What does this mandate say?

26 operative paragraphs

Reaffirms the need to effectively promote, protect and respect the human rights and fundamental freedoms of all migrants, regardless of their migration status, including those of women, children, persons with disabilities and those who are discriminated against on any basis, and to address international migration through international, regional or bilateral cooperation and dialogue and a comprehensive and balanced approach, recognizing the roles and responsibilities of countries of origin, transit and destination in promoting and protecting the human rights of all migrants, and avoiding approaches that might aggravate their vulnerability;

Calls upon all States to reaffirm the fundamental importance of respecting, protecting and fulfilling the human rights of all migrants who leave their countries, regardless of their migration status, particularly in the context of the preparatory process leading to the adoption of the global compact for safe, orderly and regular migration;

Underlines the importance of a comprehensive approach to the global compact for safe, orderly and regular migration, ensuring a people-centered, sensitive, humane, dignified, gender-responsive and prompt reception for all persons arriving in receiving countries, particularly those in large movements, and ensuring full respect and protection for their human rights and fundamental freedoms;

Calls upon all States to promote the mainstreaming of the human rights and fundamental freedoms of migrants, including women and children, regardless of their migration status, and the specific needs of migrants in vulnerable situations, including the identification and protection of victims of human trafficking, in the context of the preparatory process leading to the adoption of the global compact for safe, orderly and regular migration;

Takes note with appreciation of the Recommended Principles and Guidelines on Human Rights at International Borders, prepared by the Office of the United Nations High Commissioner for Human Rights, and encourages States to give due consideration to their implementation, including by considering incorporating them into any practical actions agreed in the global compact for safe, orderly and regular migration;

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 the protocols thereto, 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, protect and respect the human rights and fundamental freedoms of all migrants, including those of women and children at risk, especially unaccompanied migrant children or children separated from their families, persons with disabilities and those who are discriminated against on any basis, regardless of their migration 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;

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

Invites 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 considering reviewing migration policies with a view to examining their possible unintended negative consequences;

Calls upon all States to promote and protect the human rights of all migrants, without discrimination of any kind, and to this end to provide assistance and relief to migrants who need it, including those in a vulnerable situation, regardless of their migration status, and to create a safe, accessible and enabling environment in which individuals and organizations that provide such attention can operate;

Also calls upon all States to adopt a comprehensive and integral approach to migration policies, to facilitate safe, orderly, regular and responsible migration and mobility of people, to 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 accordance with international human rights standards;

Calls upon States to give due consideration to the proposal of the Special Rapporteur on the human rights of migrants on a 2035 agenda for facilitating human mobility2 when participating in the preparatory process and during the negotiation of the global compact for safe, orderly and regular migration;

Encourages the Office of the High Commissioner to provide technical assistance to States, upon their request, to better promote and protect the human rights of migrants;

Encourages non-governmental organizations, civil society organizations, national human rights institutions and other relevant stakeholders to participate in the informal thematic sessions and informal interactive multi-stakeholder hearings requested by the General Assembly, as part of the preparatory process for the intergovernmental conference, in accordance with Assembly resolution 71/280 on modalities for the intergovernmental negotiations of the global compact for safe, orderly and regular migration;

Encourages special procedure mandate holders and treaty bodies, in accordance with their respective mandates and in coordination with the United Nations system as a whole, to provide input and to support the State-led preparatory process for the global compact and the intergovernmental conference in accordance with General Assembly resolution 71/280;

Requests the United Nations High Commissioner for Human Rights:

To participate in, as appropriate, and contribute to the preparatory process of the global compact for safe, orderly and regular migration with a view to providing human rights-based input and mainstreaming human rights throughout the global compact;

To submit, as co-Chair of the Global Migration Group Working Group on Migration, Human Rights and Gender, principles and practical guidance on the protection of the human rights of migrants in vulnerable situations, on the basis of existing legal norms, and to report thereon to the Human Rights Council at its thirty-seventh session;

To submit to the Human Rights Council before its thirty-sixth session a report on the compendium of principles, good practices and policies on safe, orderly and regular migration in accordance with international human rights law, in consultation with States and other relevant stakeholders, including regional organizations, civil society organizations and national human rights institutions, and to transmit the report to the General Assembly at its seventy-second session;

To submit, through the appropriate means, all relevant inputs from the Human Rights Council and its bodies and mechanisms for consideration in the preparation of the global compact for safe, orderly and regular migration, in accordance with General Assembly resolution 71/280;

Invites all States to take into account, during their participation in the preparatory process, including the negotiation leading to the adoption of the global compact for safe, orderly and regular migration, the inputs produced by the Human Rights Council and its bodies and mechanisms;

Requests the Special Rapporteur on the human rights of migrants to continue to report on solutions and to contribute to and participate in key discussions relating to the promotion and protection of the human rights of migrants, including with respect to the large movement of migrants, 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 their cooperation with the Special Rapporteur on the human rights of migrants;

Decides to remain seized of the matter.

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