RES/8/10 Human rights of Migrants: Mandate of the Special Rapporteur on the Human Rights of Migrants

Human Rights Council

Resolution 8/10. Human rights of Migrants: Mandate of the Special Rapporteur on the Human Rights of Migrants

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 or national origin,

Recalling all international norms and standards relevant to the human rights of

migrants,

Recalling also Commission on Human Rights resolutions 1999/44 of 27 April

1999, 2002/62 of 25 April 2002 and 2005/47 of 19 April 2007, and General Assembly

resolutions on the human rights of migrants,

Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15

March 2006,

Recalling Council resolutions 5/1 on institutional-building of the Human Rights

Council and 5/2 on the code of conduct for special procedures mandate-holders of the

Council of 18 June 2007, and stressing that the mandate-holder will discharge his/her

duties in accordance with these resolutions and the annexes thereto,

Resolved to ensure respect for the human rights and fundamental freedoms of all

migrants,

1. Decides to extend for a period of three years the mandate of the Special

Rapporteur on the human rights of migrants, with the following functions:

(a) To examine ways and means to overcome the obstacles existing to the full

and effective protection of the human rights of migrants, recognizing the particular

vulnerability of women, children and those undocumented or in an irregular situation;

(b) To request and receive information from all relevant sources, including

migrants themselves, on violations of the human rights of migrants and their families;

(c) To formulate appropriate recommendations to prevent and remedy

violations of the human rights of migrants, wherever they may occur;

(d) To promote the effective application of relevant international norms and

standards on the issue;

(e) To recommend actions and measures applicable at the national, regional

and international levels to eliminate violations of the human rights of migrants;

(f) To take into account a gender perspective when requesting and analyzing

information, and to give special attention to the occurrence of multiple discrimination and

violence against migrant women;

(g) To give particular emphasis to recommendations on practical solutions

with regard to the implementation of the rights relevant to the mandate, including by

identifying best practices and concrete areas and means for international cooperation;

(h) To report regularly to the Council, according to its annual programme of

work, and to the General Assembly, at the request of the Council or the Assembly;

2. Requests the Special Rapporteur, in carrying out his or her mandate, to

take into consideration relevant human rights instruments of the United Nations to

promote and protect the human rights of migrants;

3. Also requests the Special Rapporteur, in carrying out this mandate, to

request, receive and exchange information on violations of the human rights of migrants

from Governments, treaty bodies, specialized agencies, special rapporteurs for various

human rights questions and from intergovernmental organizations, other competent

organizations of the United Nations system and non-governmental organizations,

including migrants' organizations, and to respond effectively to such information;

4. Further requests the Special Rapporteur, as part of his or her activities, to

continue his or her programme of visits, which contribute to improving the protection

afforded to the human rights of migrants and to the broad and full implementation of all

the aspects of his or her mandate;

5. Requests the Special Rapporteur, in carrying out his or her mandate, to

take into account bilateral and regional negotiations that aim at addressing, inter alia, the

return and reinsertion of migrants who are undocumented or in an irregular situation;

6. Encourages Governments to give serious consideration to inviting the

Special Rapporteur to visit their countries so as to enable him or her to fulfil the mandate

effectively;

7. Also encourages Governments to also cooperate fully with the Special

Rapporteur in the performance of the tasks and duties mandated, to furnish all

information requested, to consider the implementation of the recommendations contained

in the reports of the Special Rapporteur, and to react promptly to his or her urgent

appeals;

8. Requests all relevant mechanisms to cooperate with the Special

Rapporteur;

9. Requests the Secretary-General to give the Special Rapporteur all

necessary human and financial assistance for the fulfilment of his or her mandate;

28th meeting 18 June 2008

[Adopted without a vote.]