RES/29/2 Protection of the human rights of migrants: migrants in transit

Human Rights Council Twenty-ninth session

Agenda item 3

Resolution adopted by the Human Rights Council on 2 July 2015

29/2. Protection of the human rights of migrants: migrants in

transit

The Human Rights Council,

Reaffirming the Universal Declaration of Human Rights, which proclaims that all

human beings are born free and equal in dignity and rights and that everyone is entitled to

all the rights and freedoms set out therein, without distinction of any kind, in particular as

to race, colour, sex, language, religion, political or other opinion, national or social origin,

property, birth or other status,

Recalling the International Covenant on Civil and Political Rights, the International

Covenant on Economic, Social and Cultural Rights, the Convention against Torture and

Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention

for the Protection of All Persons from Enforced Disappearance, the Convention on the

Elimination of All Forms of Discrimination against Women, the Convention on the Rights

of the Child, the International Convention on the Elimination of All Forms of Racial

Discrimination, the Vienna Convention on Consular Relations, the Convention on the

Rights of Persons with Disabilities, the International Convention on the Protection of the

Rights of All Migrant Workers and Members of Their Families, 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,

Recalling also previous resolutions of the General Assembly, the Commission on

Human Rights and the Human Rights Council on the protection of the human rights of all

migrants, and the work of the various special mechanisms of the Council that have reported

on the situation of the human rights and fundamental freedoms of migrants,

Reaffirming that the Universal Declaration of Human Rights proclaims that

everyone has the right to freedom of movement and residence within the borders of each

State and the right to leave any country, including his or her own, and to return to his or her

country,

Reaffirming also that everyone is entitled to all human rights and fundamental

freedoms, without distinction of any kind, wherever the person is and regardless of his or

her immigration status,

Recognizing that States are responsible for promoting and protecting the human

rights of all persons, including irregular migrants, who are in their territory and subject to

their jurisdiction,

Recognizing also the shared 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,

Deeply concerned at the large and growing number of migrants, including women

and children, who have lost their lives or have been injured in attempting to cross

international borders, and recognizing the obligation of States to protect and respect the

human rights of those migrants, regardless of their immigration status,

Bearing in mind that policies and initiatives on the issue of migration, including

those that refer to border control and the orderly management of migration, must be in

accordance with international human rights obligations in order to uphold the human rights

and fundamental freedoms of all migrants,

Recalling the recommended principles and guidelines on human rights at

international borders prepared by the Office of the United Nations High Commissioner for

Human Rights,

Expressing its concern at measures that, including in the context of policies aimed at

reducing irregular migration, treat irregular migration as a criminal rather than an

administrative offence, where the effect of doing so is to deny migrants the full enjoyment

of their human rights and fundamental freedoms,

Welcoming the important results of the second High-level Dialogue on International

Migration and Development, held on 3 and 4 October 2013,

Reaffirming the Declaration of the High-level Dialogue on International Migration

and Development, adopted by the General Assembly at its sixty-eighth session,General Assembly resolution 68/4. which

acknowledges the important contribution of migration in realizing the Millennium

Development Goals and recognizes that human mobility is a key factor for sustainable

development, which should receive due consideration in the elaboration of the post-2015

development agenda,

Reaffirming also the commitment to take action to avoid the loss of life of migrants,

including by preventing and combating the smuggling of migrants and trafficking in

persons by disrupting the criminal networks involved and improving cooperation on

prevention, the prosecution of traffickers and smugglers, the protection of the rights of

victims of trafficking and the human rights of migrants who have been the object of

smuggling, and in protecting migrants from exploitation and other abuses,

Noting the expertise in the field of migration of the International Organization for

Migration and the other member agencies of the Global Migration Group,

Expressing serious concern about the situation of vulnerability and risk faced by

migrants in transit, in particular unaccompanied children, including adolescents, or children

who have been separated from their families, who are forced to or decide to leave their

homelands owing to multiple causes,

Recognizing the need to address the special situation and vulnerability of migrant

women and girls by, inter alia, incorporating a gender perspective into policies and

strengthening national laws, institutions and programmes to combat gender-based violence,

including trafficking in persons and discrimination against women and girls,

Recognizing also the importance of coordinating international efforts to provide

assistance and support to migrants in vulnerable situations and, as appropriate, to facilitate

the voluntary return to their countries of origin or procedures for determining the need for

international protection while respecting the principle of non-refoulement,

Taking note of the seventh Global Forum on Migration and Development, which

emphasized the importance of facilitating access to regular forms of migration and, where

applicable, to social services, including health goods, services and conditions, that

contribute to the prosperity of countries of origin, transit and destination and to the

strengthening of the empowerment and personal development prospects and outcomes for

migrants and their families,

Acknowledging the important role that migrants play as partners in the development

of origin, transit and destination countries, and recognizing the need to improve public

perceptions of migrants and migration,

Mindful of the fact that, in the fulfilment of their obligations to protect human rights,

States of origin, transit and destination can benefit from schemes of international

cooperation,

Noting with appreciation the actions taken by several special procedures of the

Human Rights Council and the treaty bodies for the effective prevention of violations of the

human rights of migrants, including through joint statements and urgent appeals, and

encouraging them to continue their collaborative efforts within their respective mandates to

this end,

Recognizing the cultural and economic contributions made by migrants to receiving

societies and their communities of origin and the need to identify appropriate means of

maximizing development benefits and responding to the challenges that migration poses to

countries of origin, transit and destination, and committing to ensuring dignified, humane

treatment with applicable protections and to strengthening mechanisms for international

cooperation,

1. Recalls with appreciation the report of the Special Rapporteur on the human

rights of migrants,A/HRC/26/35. invites States to give due consideration to the recommendations

contained therein, and welcomes his work;

2. 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;

3. 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;

4. 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;

5. 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;

6. 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;

7. 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:

(a) 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;

(b) 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;

(c) 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;

(d) 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;

(e) 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;

(f) To ensure that repatriation mechanisms allow for the identification and

special protection of persons in vulnerable situations;

(g) To recognize the importance of coordinated efforts by the international

community and other stakeholders to assist and support migrants stranded in a vulnerable

situation;

(h) To provide assistance to persons in distress at sea and to enhance cooperation

for such purposes in accordance with applicable international law;

(i) 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;

8. 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;

9. 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;

10. 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;

11. Encourages States and regional and international organizations to enhance

cooperation with the Special Rapporteur;

12. Decides to remain seized of the matter.

42nd meeting

2 July 2015

[Adopted without a vote.]