RES/32/14 Protection of the human rights of migrants: strengthening the promotion and protection of the human rights of migrants, including in large movements

GE.16-12194(E)



Human Rights Council Thirty-second session

Agenda item 3

Resolution adopted by the Human Rights Council on 1 July 2016

32/14. Protection of the human rights of migrants: strengthening

the promotion and protection of the human rights of

migrants, including in large movements

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 migration 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 and respective responsibilities of countries of origin,

transit and destination in promoting and protecting the human rights of all migrants,

Recalling that the Human Rights Council has the mandate to, inter alia, promote

universal respect for the protection of all human rights and fundamental freedoms for all,

without discrimination of any kind and in a fair and equal manner, to serve as a forum for

dialogue on thematic issues on all human rights, and to promote the effective coordination

and mainstreaming of human rights within the United Nations system,

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,

Welcoming the organization of the high-level plenary meeting on addressing large

movements of refugees and migrants on 19 September 2016, convened by the General

Assembly, aiming to improve the international community’s response, with full respect for

the human rights of all migrants,

Taking note of the report of the Secretary-General entitled “In safety and dignity:

addressing large movements of refugees and migrants”,1 prepared in advance of the high-

level meeting, including his recognition that respect for the human rights of all those who

leave their countries, regardless of their migration status, is a fundamental tenet,

Considering the reports of the Special Rapporteur on the human rights of migrants

on global migration,

Recalling the Declaration of the High-level Dialogue on International Migration and

Development, adopted by the General Assembly at its sixty-eighth session,2 in which

representatives of States and Governments recognized the need for international

cooperation to address, in a holistic and comprehensive manner, the challenges of irregular

migration to ensure safe, orderly and regular migration, with full respect for human rights,

and in which they recognized that human mobility is a key factor for sustainable

development,

Reaffirming 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 smuggled, and in

protecting migrants from exploitation and other abuses,

Recognizing that the International Organization for Migration has a global leading

role in the field of migration, and also recognizing the expertise of other member agencies

of the Global Migration Group,

1 A/70/59.

2 General Assembly resolution 68/4.

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

migrants in transit, in particular unaccompanied migrant 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, often including males, and discrimination against women

and girls,

Recognizing also the importance of coordinating international efforts to provide

adequate protection, 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,

Recognizing further that migrants with disabilities are often disproportionately

affected in situations of large movements and in their aftermath, and that they are often at

increased risk of discrimination, exploitation and violence, including sexual and gender-

based violence,

Noting the eighth summit meeting of the Global Forum on Migration and

Development, held in Istanbul, Turkey, in October 2015, which emphasized, inter alia, the

importance of protecting the human rights of all migrants, irrespective of their migration

status, by all countries in the migratory cycle, and welcoming the convening of the ninth

summit meeting, to be held in Dhaka, in December 2016,

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,

Welcoming the adoption of the 2030 Agenda for Sustainable Development3 in its

entirety, and recalling Sustainable Development Goals 8 and 10, including the targets on

the protection of labour rights and the promotion of safe and secure working environments

for all workers, including migrant workers, in particular women migrants and those in

precarious employment, and on the facilitation of orderly, safe, regular and responsible

3 General Assembly resolution 70/1.

migration and mobility of people, including through the implementation of planned and

well-managed migration policies, and acknowledging that meeting the Sustainable

Development Goals and targets of the 2030 Agenda could reduce the need for migrants to

leave their homes in search of greater opportunities by addressing some of the root causes

of movements of refugees and migrants,

1. Reaffirms the need to promote and protect effectively the human rights and

fundamental freedoms of all migrants, regardless of their migration status, including those

of women, children and persons with disabilities, 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;

2. 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 migratory status, particularly in the context of the forthcoming high-

level meeting of the General Assembly on addressing large movements of refugees and

migrants;

3. Takes note 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;

4. 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;

5. 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

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;

6. Reaffirms the duty of States to effectively promote and protect the human

rights and fundamental freedoms of all migrants, including those of women, children and

persons with disabilities, regardless of their immigration status, in conformity with the

Universal Declaration of Human Rights and the international instruments to which they are

party;

7. 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;

8. 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 relevant international law, including international human rights law, in order to

ensure full respect for the human rights of migrants, including migrants in a vulnerable

situation;

9. 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;

10. Also 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

immigration status, and to create a safe, accessible and enabling environment in which

individuals and organizations that provide such attention can operate;

11. Further calls upon all States to adopt a comprehensive and integral approach

to migration policies, and 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 line with

international human rights standards;

12. Encourages the Office of the United Nations High Commissioner for Human

Rights to provide technical assistance to States, upon their request, to better promote and

protect the human rights of migrants;

13. Decides to hold an enhanced interactive dialogue on the theme “The human

rights of migrants in the context of large movement” at its thirty-fourth session, with the

participation of the Office of the High Commissioner and other relevant stakeholders,

including the International Organization for Migration, the Office of the United Nations

High Commissioner for Refugees, the International Labour Organization, the World Health

Organization or other members of the Global Migration Group;

14. Requests the High Commissioner:

(a) To continue to develop, 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 within large and/or

mixed movements, on the basis of existing legal norms, and to report thereon to the Human

Rights Council at its thirty-fourth session;

(b) To submit to the Human Rights Council before its thirty-third session a report

on the promotion and protection of the human rights of migrants in the context of large

movements, 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-first session;

15. 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;

16. Encourages States and regional and international organizations to enhance

their cooperation with the Special Rapporteur;

17. Decides to remain seized of the matter.

43rd meeting

1 July 2016

[Adopted without a vote.]