35/25 Report of the Special Rapporteur on the human rights of migrants on a 2035 agenda for facilitating human mobility
Document Type: Final Report
Date: 2017 Apr
Session: 35th Regular Session (2017 Jun)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.17-06817(E)
Human Rights Council Thirty-fifth session
6-23 June 2017
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Report of the Special Rapporteur on the human rights of migrants on a 2035 agenda for facilitating human mobility
Note by the Secretariat
The present report is submitted in accordance with Human Rights Council resolution
26/19. In the light of the proposed global compact for safe, orderly and regular migration,
the Special Rapporteur proposes the development of an agenda within the framework of the
United Nations, in parallel to the 2030 Agenda for Sustainable Development, to be known
as the 2035 agenda for facilitating human mobility. Based on targets 10.7 and 8.8 of the
Sustainable Development Goals, the agenda would encompass eight human mobility goals,
together with targets and indicators, aimed at facilitating human mobility in the next
15 years, while ensuring respect for the human rights of all migrants based on the principles
of non-discrimination and equality.
Report of the Special Rapporteur on the human rights of migrants on a 2035 agenda for facilitating human mobility
Contents
Page
I. Introduction ...................................................................................................................................... 3
II. Activities carried out by the Special Rapporteur .............................................................................. 3
A. Participation in consultations and conferences ........................................................................ 3
B. Country visits ........................................................................................................................... 3
III. 2035 agenda for facilitating human mobility ................................................................................... 4
A. Introduction ............................................................................................................................. 4
B. Migration: perceptions versus reality ....................................................................................... 5
C. 2035 agenda: a long-term strategy ........................................................................................... 8
D. Human mobility goals .............................................................................................................. 9
E. Assessment of progress and financing ..................................................................................... 22
F. Conclusions and recommendations .......................................................................................... 22
I. Introduction
1. The present report, which is submitted pursuant to Human Rights Council resolution
26/19, briefly outlines the activities of the Special Rapporteur on the human rights of
migrants during the period from 20 April 2016 to 11 April 2017. The thematic section is
dedicated to the development of a 2035 agenda for facilitating human mobility.
II. Activities carried out by the Special Rapporteur
A. Participation in consultations and conferences
2. The Special Rapporteur participated as a panellist in the high-level plenary meeting
on addressing large movements of refugees and migrants, held in New York on
19 September 2016. He took part in various events at the high-level plenary meeting,
including one entitled “Migration and development: a roadmap to a global compact”,
organized by the World Bank Group; a round table on working together to end child
immigration detention, organized by the Inter-Agency Working Group to End Child
Immigration Detention; a side event organized by the Office of the United Nations High
Commissioner for Human Rights (OHCHR) on human rights protection in the context of
large movements of migrants and refugees; and the private sector forum on migration and
refugees, organized by Concordia in partnership with the Global Policy Initiative of
Columbia University, the International Organization for Migration (IOM) and the United
Nations High Commissioner for Refugees and with the support of the Open Society
Foundations and the Swiss Agency for Development and Cooperation.
3. The Special Rapporteur, in collaboration with the respective national human rights
institutions, organized workshops on access to justice for migrants in Senegal, on 5 and
6 December 2016, and in Morocco, on 8 and 9 December 2016.
4. On 31 March 2017, the Special Rapporteur organized a consultation in Geneva with
civil society organizations and United Nations agencies to review the outcome of the high-
level plenary meeting and discuss ways to engage with the two-year process that will result
in the adoption of a global compact for safe, orderly and regular migration in 2018.
B. Country visits
5. The Special Rapporteur conducted a visit to Angola from 3 to 10 May 2016. He
recommends that Angola develop a comprehensive national migration and mobility strategy
and bilateral and multilateral mobility agreements with neighbouring countries in order to
protect and promote the human rights of all migrants in the country.
6. The Special Rapporteur also conducted a follow-up visit to Greece from 12 to
16 May 2016. He recognizes the progress made on the adoption of laws and policies aimed
at managing migration and border management. In the light of the fact that Greece is the
custodian of an external European Union border, the Special Rapporteur recommends that
the Government of Greece and the European Union institutions develop durable human
rights-based solutions for migrants and asylum seekers in Greece, including with regard to
the important issue of border management, and adopt strategic long-term migration and
mobility policies in accordance with international human rights law.
7. The Special Rapporteur conducted a visit to Australia from 1 to 18 November 2016.
He observed that some of the migration policies of Australia have increasingly eroded the
human rights of migrants, in contravention of the country’s international human rights and
humanitarian obligations. The Special Rapporteur recommends that Australia develop and
implement a human rights-based approach to migration and border management, ensuring
that the rights of migrants, including undocumented migrants, are always given priority.
III. 2035 agenda for facilitating human mobility
A. Introduction
8. On 19 September 2016, the General Assembly held a high-level plenary meeting on
addressing large movements of refugees and migrants, at which the New York Declaration
for Refugees and Migrants (resolution A/71/L.1) was adopted. The Declaration establishes
a two-year process leading to an international conference in 2018 at which two global
compacts, one on refugees and the other for safe, orderly and regular migration, will be
presented for adoption. The Special Rapporteur sees the adoption of the global compact for
safe, orderly and regular migration not as the end of the process, but as the beginning. As
part of the global compact, the Special Rapporteur calls upon States to go beyond the
Declaration and impulsive reactions on the basis of what they perceive to be the current
problems and to develop a human rights- and evidence-based governance framework for
international migration and mobility.
9. The Special Rapporteur takes note of the positive development of migration and
mobility being discussed within the framework of the United Nations, which has resulted in
the inclusion of migration-related targets in the Sustainable Development Goals and the
New York Declaration, in which States reaffirmed their commitments to the protection of
the human rights of migrants and to the establishment of a global compact for safe, orderly
and regular migration. The Special Rapporteur stresses the importance of ensuring that the
commitment of States to the protection of the human rights of migrants1 is upheld and
translated into the adoption of the global compact.
10. Taking into consideration the current dynamics of push and pull factors and in the
light of his observations on the need to facilitate mobility, the Special Rapporteur suggests
that the global compact for safe, orderly and regular migration should include provisions on
the development of a 2035 agenda for facilitating human mobility under the framework of
the United Nations, in parallel to the 2030 Agenda for Sustainable Development (General
Assembly resolution 70/1).
11. The golden thread of such an approach would primarily be to address targets 10.7
and 8.8 of the Sustainable Development Goals through a rights-based, age- and gender-
sensitive plan.
12. The Special Rapporteur envisions an agenda that, building on target 10.7, outlines
how human mobility can be facilitated effectively and underlines the importance of taking a
long-term strategic approach to developing more accessible, regular, safe and affordable
mobility policies and practices that will place States in a better position to respond to the
significant demographic, economic, social, political and cultural challenges that lie ahead.
13. Given that the global compact for safe, orderly and regular migration will be
submitted for adoption in 2018, the agenda could be launched in 2020 following a two-year
preparatory process. The agenda would encompass a modest but achievable number of
universal goals aimed at protecting the human rights of migrants and facilitating mobility in
the subsequent 15 years, with precise targets and indicators, realistic timelines and
benchmarks and effective accountability mechanisms.
1 All references to migrants throughout the present report should be read as “migrants, regardless of
their status or circumstances”.
B. Migration: perceptions versus reality
All migrants are entitled to human rights, on the basis of the principles of equality
and non-discrimination for everyone
14. The Special Rapporteur wishes to recall the New York Declaration, in which States
recognized that, in accordance with the obligations of States under international law,
refugees and migrants must have comprehensive policy support, assistance and protection
and that their human rights and fundamental freedoms and their need to live in safety and
dignity must be fully respected.
15. All migrants should be recognized and treated with respect and dignity as equal
rights holders, regardless of their migratory status in relation to the sovereign territory in
which they find themselves. Under international law, States have the duty to protect
migrants at all stages of the migratory process and to provide them with access to justice to
remedy any discriminatory treatment or human rights violations that they experience.
16. The Special Rapporteur proposes a fundamental shift in the way that migration is
perceived and framed. Migration itself is a natural part of human existence; it is neither a
crime nor a problem, and it has the potential to be a solution. Accordingly, migration
governance is not a matter of closing off borders and keeping people out, but one of
regulating mobility by opening accessible, regular, safe and affordable migration channels
and promoting and celebrating diversity.
17. The Special Rapporteur sees a strong need to regulate mobility, which would
facilitate migration and the control thereof, instead of restricting migration movements
through the use of pushbacks, interception and detention. States must move from a zero-
tolerance attitude to one of harm reduction, thereby undercutting the criminal organizations
responsible for migrant smuggling, addressing the security concerns of States and,
ultimately, reducing human suffering and saving lives. If States want to regain control over
their borders, migrants should be provided with regular, safe, affordable and accessible
mobility channels.
18. In order to regulate mobility effectively, States are required to adopt a whole-of-
government approach to migration, taking into account all aspects thereof, including all
benefits and challenges in terms of economic growth, demographic changes, cultural
diversity, social integration, human rights and respect for the rule of law. By taking a long-
term strategic approach, States will be better positioned to respond to the significant
imminent demographic, economic, social, political and cultural challenges.
Fostering a fact-based public narrative on migration is essential
19. Political rhetoric on migration most often does not reflect reality, notwithstanding
facts and figures to the contrary. Such rhetoric shapes public perceptions of migration. Any
attempt to develop an agenda for migration should therefore outline, for populations of all
countries and for their politicians, an inspiring narrative of how well-governed mobility
could contribute to the prosperity and stability of society.
20. According to United Nations statistics for 2015, approximately 244 million people
were living outside their countries of origin worldwide, including almost 20 million
refugees. Despite a 41 per cent increase compared with 15 years ago, this figure accounts
for only 3.3 per cent of the global population in 2015, against 2.8 per cent in 2000. The rate
of migration actually slowed down during the period from 2010 to 2015, in contrast to the
previous five-year period. Between 2000 and 2015, Asia was the region that received the
highest number of additional migrants, with a total of 26 million.2
21. Ageing populations in some regions have caused a shift in demographics leading to
labour shortages. From a purely economic perspective, such demographic shifts will add
2 See Department of Economic and Social Affairs, International Migrant Stock: the 2015 Revision.
pressure and impetus to the need to balance labour supply and demand,3 clearly
contradicting the common conception that migrants are “job stealers”.
22. Against the backdrop of a poor economic climate, the rise in nationalist populist
parties and the tragic terrorist attacks around the world, xenophobia and hate speech have
increased, causing a significant upward trend in negative perceptions of migrants and
creating a stumbling block in the development of more efficient evidence- and human
rights-based policies.
23. The use of appropriate language and studies, the presentation of facts and policies
that favour diversity and the inclusion of migrants are key to facilitating the integration of
migrants and their contribution to development and to reducing negative populist
representations of migrants. States therefore need to develop a long-term, human rights-
based strategic vision and narrative on mobility and diversity that will give meaning,
coherence and direction to current and future action.
24. A human rights-based approach would have a positive impact on the public
discourse and facilitate the integration of migrants into society by changing the general
perception of migration as being a burden and expense to being a shared responsibility and
valuable investment.
Migration supports development and prosperity at the national, regional
and global levels
25. Migrants are drivers and enablers of development, contributing to economic growth
wherever they go. Studies show that immigration has a minimal impact on unemployment
among residents in host countries and a positive overall impact on employment generation
and investment.4 Increasing evidence suggests that migrants contribute more in direct and
indirect taxes than they consume in government benefits.5 In 2015, migrants sent
approximately $601 billion in remittances, some $441 billion of which developing
countries are estimated to have received, nearly three times the amount of official
development assistance.6
26. Economic research also demonstrates that migrants complement rather than compete
with citizens, therefore generating greater overall productivity within the economy.7 In a
study,8 the impact of the global recession was shown to decrease but not eradicate this
positive phenomenon, disproving the argument that an economic downturn justifies
repressive policies against migrants. Although some nationals may be displaced by
migrants in small and other specific labour markets, it is better to address such marginal
consequences through retraining policies rather than by trying to curb migration.
27. Although the economic incentives to migrate are diverse and, for many, very strong,
they are constantly evaluated and scrutinized by potential migrants. It is true that most
migrants try to go to countries where there are jobs and where they can start integrating into
society and creating a future for themselves and their families. It is equally true that prime
destination countries have jobs available for migrants in the official or underground labour
3 Ernst and Young, “Tracking global trends: how six key developments are shaping the business world”
(2011). Available from https://issuu.com/ezra1110/docs/tracking_global_trends/32.
4 See Organization for Economic Cooperation and Development, International Migration Outlook
2013.
5 OHCHR, The economic, social and cultural rights of migrants in an irregular situation,
(New York and Geneva, 2014), p. 99.
6 See World Bank, Migration and Remittances Factbook 2016.
7 David Card, “The impact of the Mariel boatlift on the Miami labour market”, Industrial and Labour
Relations Review, vol. 43, No. 2 (January 1990), pp. 245-257; Mette Foged and Giovanni Peri,
“Immigrants’ effect on native workers: new analysis on longitudinal data”, Institute for the Study of
Labour discussion paper No. 8961, 2015; Andri Chassamboulli and Giovanni Peri, “The labour
market effects of reducing the number of illegal immigrants”, Review of Economic Dynamics, vol. 18,
No. 4 (October 2015).
8 Francesco D’Amuri and Giovanni Peri, “Immigration, jobs and employment protection: evidence
from Europe before and during the Great Recession”, Bank of Italy working paper No. 886, 2012.
markets. Migrants respond to the demand for labour, and, under normal circumstances,
when demand declines in a particular area, so does migration to it.
As long as “push and pull” factors exist, migrants will continue to move
28. Many factors influence the decisions of migrants as to why, when, to where and how
they want to migrate. The main push factors are poverty, violence, discrimination and poor
governance. The main pull factors are official or unacknowledged labour needs and family
reunification. Public discussion about these factors is, on the whole, extremely shallow,
often constituting nothing more than scaremongering about “benefit scroungers” and
migrants “stealing jobs”.
29. Rather than addressing the reasons behind migration, States often respond to
increased migration movements by creating and progressively increasing barriers to
mobility, with a focus on securitization, repression and deterrence policies. Their central
objective has been to secure their borders by building fences, using violence to stop
undocumented population movements across land and sea borders, using long-term
detention as a deterrence tool and carrying out collective expulsions to countries of origin
and transit, all of which are too often conducted without sufficient assessment of individual
protection needs and adequate oversight. Moreover, States have moved their border
management activities beyond their territorial borders, extending them to the high seas and
third countries.
30. Repressive policies and the lack of responses to push and pull factors of migration
only serve to create the perfect conditions for underground labour markets and smuggling
rings to flourish. States often do not address the reasons why individuals want or need to
move from their countries of origin and why employers in destination countries seek to
employ them, and yet they have created and progressively increased barriers to mobility.
The so-called “migration crisis” is policy driven. Placing restrictions on mobility is part of
the problem, not of the solution.
31. The continued ineffectiveness and the paradoxes of border management and the lack
of a coherent human rights-based framework for migration have been vividly and visibly
exposed by the tragic deaths of migrants in transit, propelling the issue of the human rights
of migrants into the spotlight. Suffering is also experienced at all other stages of migration.
The repression of undocumented migrants and the externalization of borders do little but
increase the suffering of migrants and have the effect of entrenching smuggling rings and
exploitative recruiters and employers. Migrants will continue to arrive. The only solution is
to adopt well-managed migration policies that facilitate the mobility of migrants and
provide States with the border control that they need.
Facilitating mobility means offering regular, safe, accessible and affordable mobility
solutions
32. In order to facilitate mobility, States must increase regular channels for migration
and the taxation of mobility, through the progressive expansion of visa liberalization and
easily accessible visa facilitation regimes and/or schemes, such as refugee settlement,
temporary protection, visitor, family reunification, work, resident, retirement and student
visas, with all the identity and security checks that efficient visa regimes can provide.
33. In effect, States must reclaim the mobility market from the smugglers and adopt
measures to regularize undocumented migrants. Migrants do not want to be undocumented
or use smugglers, but are forced to do so owing to a lack of regular, safe, accessible and
affordable mobility options. They would rather pay a reasonable fee to a visa officer than
suffer extortion at the hands of smugglers. They would adapt to the requirements of States
for access to regular mobility solutions within a reasonable time and arrive at border posts,
presenting official identity and travel documents in good order, rather than embarking with
their families on a journey riddled with suffering. They would work in official labour
markets, even for the minimum salary, instead of being exploited and abused in
underground labour markets. Well-designed mobility policies are needed to induce this
virtuous cycle.
C. 2035 agenda: a long-term strategy
34. In order to respond to the complexity of human mobility, as explained above, States
are required to develop a long-term strategic vision of what their mobility policies will look
like in a generation from now, with precise timelines and accountability benchmarks. Such
a long-term vision is similar to the strategic planning of States for policies on energy,
environment, trade, food security, public transit, infrastructure and industries, in order to
determine the investments needed to achieve the objectives.
35. The Special Rapporteur suggests that States should also develop such a vision for
migration policies. The timeline for migration policies always seems to be based on the
now, with States focusing on “stopping migration now”, “sending back migrants now” or
“bringing in technicians or low-skilled migrant workers now”. The Special Rapporteur
proposes a more considered, fact-based response to push and pull factors with a 15-year
vision for how mobility could be effectively governed, which would allow States to take
well-planned action in response to a so-called crisis.
36. The first step in changing the collective mindset is to accept that migrants will come
and go no matter what because of push and pull factors, which, on the whole, are not
adequately addressed. Facilitating increased mobility and matching skills to labour needs,
as in an accessible, regular, safe and affordable labour market, with appropriate visa
systems and security controls, would ensure that most migrants would use regular mobility
channels.
37. Solutions to human mobility needs can be developed along two major axes, as
outlined by the Special Rapporteur in previous reports:
(a) Developing refugee settlement programmes to serve more refugees than the
current 1 per cent. Private sponsorship of refugees should be included in these programmes,
because it progressively builds a constituency of nationals who are in favour of welcoming
refugees;
(b) Recognizing real labour needs and opening up considerably more visa
opportunities or visa-free travel programmes for migrant workers at all skill levels. With
appropriate selection and organization, the numbers would be entirely manageable.
38. Such facilitated mobility would have obvious advantages, including the fact that it
would:
(a) Significantly reduce the market for smugglers and unethical recruiters;
(b) Enable all security checks by intelligence agencies to be made in a timely
manner and mostly in the destination country;
(c) Provide the opportunity to show the electorate of destination countries that
borders are respected, that authorities are managing migration properly, that employers are
integrating migrants into the labour market, that investments have been made in integration
programmes and that the fearmongering discourse of nationalist populists is based on
stereotypes, myths and fantasies that can be countered by facts.
39. The inclusion of migrants in the Sustainable Development Goals demonstrated that
all States without a doubt acknowledged the importance of better-governed mobility. Given
that the process is already under way, the Special Rapporteur proposes harnessing the
energy of this existing process and developing recommendations on how it can be further
developed for migration.
40. With that in mind, the Special Rapporteur proposes developing a 2035 agenda for
facilitating human mobility, which would translate the 2030 Agenda for Sustainable
Development into “bite-sized” and achievable goals, targets and indicators. The 2030
Agenda already refers, in certain Sustainable Development Goals, to the human and labour
rights of migrants, including:
(a) Protect labour rights and promote safe and secure working environments for
all workers, including migrants, especially women migrants, and those in precarious
employment (target 8.8);
(b) Reduce the transaction costs of migrant remittances to less than 3 per cent
and the elimination of remittance corridors with costs higher than 5 per cent by 2030
(target 10.c);
(c) Facilitate orderly, safe, regular and responsible migration and mobility of
people, including through the implementation of planned and well-managed migration
policies (target 10.7);
(d) Promote and enforce non-discriminatory laws and policies for sustainable
development (target 16.b);
(e) Promote the rule of law at the national and international levels and ensure
equal access to justice for all, including migrants (target 16.3);
(f) Provide legal identity for all, including birth registration, by 2030
(target 16.9);
(g) Increase significantly the availability of high-quality, timely and reliable data
disaggregated by, among other things, migratory status by 2020 (target 17.18).
41. On the basis primarily of targets 10.7 and 8.8, the Special Rapporteur intends to
recommend that States and other stakeholders develop long-term strategies to fulfil their
obligations towards all migrants, including migrants in a precarious situation, as set out in
the Sustainable Development Goals.
D. Human mobility goals
42. Building upon the experience of his mandate since 2011, the Special Rapporteur
presents the following agenda as a road map as a way of demonstrating the content, scale,
practicability and scope of a future 2035 agenda. The agenda encompasses eight human
mobility goals, together with targets and indicators, aimed at facilitating human mobility
while ensuring respect for the human rights of all migrants, regardless of their status, skills,
age, gender or sexual orientation.
43. The Special Rapporteur proposes the following goals:
Human mobility goals
Goal 1. Offer regular, safe, accessible and affordable mobility solutions to all migrants,
regardless of their status or skill level
Goal 2. Protect the labour and human rights of all migrant workers, regardless of their
status and circumstances
Goal 3. Ensure respect for human rights at border controls, including return, readmission
and post-return monitoring, and establish accountability mechanisms
Goal 4. End the use of detention as a border management and deterrence tool against
migrants
Goal 5. Provide effective access to justice for all migrants
Goal 6. Ensure easy access for all migrants to basic services, including education and
health
Goal 7. Protect all migrants from all forms of discrimination and violence, including
racism, xenophobia, sexual and gender-based violence and hate speech
Goal 8. Increase the collection and analysis of disaggregated data on migration and
mobility
Goal 1. Offer regular, safe, accessible and affordable mobility solutions to all migrants,
regardless of their status or skill level
Rationale
44. In the New York Declaration, States committed to “consider facilitating
opportunities for safe, orderly and regular migration, including, as appropriate, employment
creation, labour mobility at all skills levels, circular migration, family reunification and
education-related opportunities”. In order to implement that commitment, they need to
develop and implement long-term national migration policies, in line with their obligations
under international human rights law, ensuring that regular, safe, affordable and accessible
avenues are available for all migrants. The overall goal in terms of governing mobility is
for most migrants to use regular channels to enter and stay in destination countries, thereby
reducing considerably the size of the underground migrant smuggling market. States must
recognize and address what may be termed as the pull factors of migration, such as
unrecognized demands for low-skilled labour in economic sectors that are not met locally,
and provide safe, regular, accessible and affordable migration channels to meet the demand
for such low-skilled jobs. When regular migration channels fail to properly reflect labour
market needs, migrants are more likely to be offered undocumented migration solutions by
smuggling rings and unethical recruiters and become victims of exploitation and abuse.
45. Opening up more regular migration channels for migrants at all skill levels would
considerably reduce undocumented migration and limit the power of smuggling rings.
Allowing people to look for work on the regular labour market would present opportunities
for both employers and workers. Abolishing sponsorship-based temporary migrant worker
programmes and providing open work visas would considerably reduce labour exploitation.
46. Through resettlement programmes for refugees and the provision of humanitarian
visas and other opportunities, it is well within the means of States to develop the
mechanisms necessary for providing resettlement opportunities to refugees. A worldwide,
well-governed distribution key that provides resettlement programmes for refugees and
humanitarian visas and other opportunities will create a reliable long-term programme and
ensure that a large number of refugees will seek resettlement rather than spend large sums
of money and risk their lives and those of their children in smuggling operations. This
would considerably reduce the market for smugglers, as well as the cost of refugee status
determination procedures in the countries of destination.
47. In order to introduce a human rights-based approach to the mobility of human
resources in the negotiation of bilateral and multilateral trade agreements, States should, in
partnership with the business communities involved, considerably enlarge the elements of
human mobility and labour migration in trade negotiations, and representatives of migrants
should be offered meaningful opportunities to comment on draft trade agreements as key
stakeholders.
48. Much of the labour exploitation that migrants suffer is linked to recruitment
agencies. In accordance with international human rights standards, private actors must, as a
minimum, respect the human and labour rights of their workers. The private sector,
including recruitment agencies and employers, plays an important role in the labour
exploitation of migrants and must therefore be part of the solution.
Targets
1.1. Protect the human rights of all migrants, in compliance with international human
rights standards
1.2. Adopt and enforce human rights-based, coherent and comprehensive national
migration policies to ensure regular, safe, affordable and accessible migration
options for all migrants
1.3. Considerably increase the number of resettlement and humanitarian visa options
for refugees
1.4. Create multiple labour migration opportunities, including for low-skilled
migrants, to incentivize their use of regular migration channels, by establishing
common and accessible visa and work permit regimes
1.5. Abolish all temporary migration schemes, such as those based on single-
employer sponsorship mechanisms or kafala systems, in favour of open work
visas
1.6. Facilitate labour mobility for migrants at all skill levels through regional
organizations, regional consultative processes, bilateral and regional agreements
for the free movement of persons and bilateral and regional trade agreements
1.7. Ensure that appropriate governance of migration promotes the optimal matching
of job skills to jobs and of labour supply to labour demand between countries
1.8. Counteract deskilling and increase the proportion of migrants who are working
at the skill level that is most relevant to their education, training and work
experience, so as to facilitate their integration into the local labour force and their
reintegration into the labour market in the country of origin
1.9. Reduce to less than 3 per cent the transaction costs of migrant remittances and
eliminate remittance corridors with costs higher than 5 per cent
1.10. Consider providing access to permanent residency (or long-term residence
permits) and citizenship to all migrants after a reasonable period of effective
residence under any temporary migration regime
1.11. Promote the financial inclusion of migrants, for example, by lowering the costs
of remittances and promoting digital financial services, and provide incentives
for migrants to engage in trade between countries of origin and destination
1.12. Promote a strategy to enable, engage with and empower migrant diasporas and
their entrepreneurship
Indicators
(a) Increased number of countries that have ratified relevant international human
rights and labour law instruments providing for the equality of treatment for all migrant
workers in respect of employment;
(b) Time frame and coverage of national policy on enhancing international
cooperation to facilitate regular, safe, affordable and accessible migration, in line with
human rights standards, including through labour mobility at all skill levels;
(c) Time frame and coverage of national policy on ending criminalization and
externalization approaches to migration control, which aggravate the precarious condition
of migrants;
(d) Increased number of bilateral and multilateral visa facilitation and
liberalization agreements, including for visits, work, job searches, family reunification,
refugee resettlement, humanitarian activities, studies, internships, retirement and other
purposes;
(e) Increased number of regional and bilateral mobility agreements;
(f) Increased number of bilateral and multilateral agreements on migration that
provide for human and labour rights safeguards and comply with international human rights
and labour standards, including effective complaint and redress mechanisms;
(g) Increased number of ex ante human rights impact assessments conducted
during trade negotiations to identify and mitigate risks;
(h) Increased number of accessible visas and work permits provided at all skill
levels;
(i) Increased regulation and effective monitoring of the recruitment industry;
(j) Availability of disaggregated data on all aspects of migration programmes
and policies, in particular on undocumented migration and recruitment costs for migrants
and employers.
Goal 2. Protect the labour and human rights of all migrants, regardless of their status
and circumstances
Rationale
49. Migrants, especially those with a precarious residence status, are vulnerable to abuse
and labour exploitation. Certain categories of migrants, such as migrant women and
children, temporary migrant workers and undocumented migrants are more intrinsically
vulnerable to abuse, violence and exploitation. The physical, sexual and psychological
abuse of female migrant domestic workers appears to be widespread, and they are often
exposed to health and safety threats without being provided with adequate information and
support. For most migrants, it can be very difficult or impossible to obtain meaningful
access to an effective remedy for rights violations.
50. Underground labour markets act as a magnet for undocumented migration at the
request of exploitative employers and constitute a major pull factor for exploited migrant
workers and a key trigger of the smuggling market. It is, however, difficult to reduce those
markets significantly owing to the favourable impact of lower labour costs on certain
economic sectors, in particular the construction, agriculture, caregiving, hospitality,
fisheries and extraction industries, the acquiescence of consumers, the indifference of
politicians and the absence of complaints by migrants owing to their fear of detection,
detention and deportation. Nevertheless, action needs to be taken to achieve mobility
without distortions to the labour market, which would entail considerably reinforcing
labour inspection mechanisms, vigorously targeting exploitative employers and
empowering migrants to defend their rights.
51. Proactive regularization procedures should be readily available to help migrants who
work and are socially integrated to remain in the country with legal status and to fight
exploitation and defend their rights, just like any other workers.
52. A comprehensive, detailed national migration policy needs to be drawn up and
implemented effectively in order to combat labour exploitation of migrants. The
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and the Multilateral Framework on Labour Migration of the
International Labour Organization (ILO) provides useful guidance in that respect.
Targets
2.1. Effectively protect the labour rights of migrants, including by ensuring equal
opportunity and treatment in employment, in compliance with international labour
standards
2.2. Implement policies that effectively sanction employers who exploit migrants, and
increase the share of migrants who benefit from cross-border recognition of skills
and qualifications and the portability of social security benefits
2.3. Promote the progressive formalization of the informal sectors of industries in which
migrants are often exploited, such as construction, extraction, fisheries, hospitality
and caregiving
2.4. Ensure ethical recruitment intermediaries at both ends of the migration process by
establishing effective government regulatory frameworks and institutional
monitoring mechanisms for the labour recruitment industry and by using all
available international cooperation channels
2.5. Facilitate the unionization of and collective bargaining by migrants, especially in the
economic sectors in which migrants are in the majority and in the industries in
which they are often exploited
2.6. Increase effective labour inspection systems with a sufficient number of labour
inspectors, who should be well trained in international human rights and labour
standards
2.7. Increase labour inspections in private households for the protection of migrant
domestic workers
2.8. Ensure easy access for all migrants to labour dispute resolution institutions, without
fear of detection, detention and deportation
2.9. Pursue publicly funded social protection policies in critical areas that guarantee the
well-being of the entire community, including migrants
2.10. Facilitate the regularization of migrants who work and are socially integrated
Indicators
(a) Increased number of countries whose national legislation and policies
provide for equality of treatment for all migrants in respect of employment, including
through the protection of the labour rights of migrants and their equal access to social
security benefits and redress mechanisms;
(b) Reduction of upfront costs for migrants, especially recruitment fees;
(c) Increased regulation and effective monitoring of the recruitment industry;
(d) Increased pre-departure and post-arrival training of migrants;
(e) Increased number of information campaigns that promote decent work and
the protection of the human and labour rights of all migrants;
(f) Mutual recognition of foreign educational qualifications, including through
the conclusion of bilateral and multilateral agreements;
(g) Number of migrants who have transitioned from informal to formal sectors of
the economy;
(h) Number of undocumented migrants who have been regularized;
(i) Number of low-skilled workers, especially migrant women and children, who
file complaints of labour exploitation and obtain compensation;
(j) Number of unionized migrants involved in collective bargaining in the
economic sectors in which they are traditionally exploited;
(k) Number of migrants with equal access to social security and benefiting from
the cross-border portability of earned social security benefits, such as pensions, including
through the conclusion of bilateral and multilateral agreements;9
(l) Disaggregated data showing the proportion of migrant workers in the various
informal sectors and underground labour markets of the economy;
(m) Disaggregated data showing the proportion of migrants who have reported
cases of violations of their human and labour rights, including forced labour, discrimination
and unlawful termination of employment, and the proportion of victims who received
compensation.
9 ILO, Fair Migration: Setting an ILO Agenda, report I (B) prepared for the 103rd session of the
International Labour Conference, 2014 (ILC.103/DG/IB) (Geneva, 2014).
Goal 3. Ensure respect for human rights at border controls, including return, readmission
and post-return monitoring, and establish accountability mechanisms
Rationale
53. Human rights are not reserved for citizens; they benefit everyone, everywhere.
States must promote and protect the rights of all in their territory or within their
jurisdiction, without discrimination, regardless of status and circumstances. While States
have the power to admit, refuse to admit or return migrants, they equally have an obligation
to respect the human rights of migrants in the process.
54. States must increase their search and rescue capacity and refrain from pushbacks at
land and sea borders. The militarization of border control creates unnecessary suffering and
leads to violations of human rights and humanitarian law at borders. States need to develop
procedures, guidelines or systems for ensuring that search and rescue is implemented as a
paramount objective, taking into account what should be done with those who are rescued.
55. Upon arriving undocumented in countries of transit or destination, all migrants fall
within the category of irregular migrants. Prompt and proper individual screening and
assessment procedures are required in order to effectively identify their specific
vulnerabilities and determine the legal protection frameworks that meet their needs. The
lack of individual assessments and of the possibility for migrants to state their claims,
outlining the risks they may face when returned to their countries of origin, creates a
potential violation of the international principle of non-refoulement. The Special
Rapporteur stresses that the principle is stronger as codified in the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, as absolute and
without exception, than that found in refugee law, meaning that persons may not be
returned even when they may not otherwise qualify as refugees under the Convention
relating to the Status of Refugees or national law and even when national security is
involved. Accordingly, non-refoulement under the Convention against Torture must be
assessed independently of refugee or asylum status determinations, so as to ensure that the
fundamental right to be free from torture or other ill-treatment is respected even in cases in
which protection against refoulement under refugee law may not be available.
56. Effectively ensuring the proper protection of the human rights of migrants is not
possible in the absence of well-functioning asylum systems and of adequate and appropriate
infrastructure for managing large movements of migrants. Despite legal prohibitions,
pushbacks and refoulement to countries of origin and third countries with weak rule of law
and poor asylum systems have been improperly conducted under the broad auspices of
bilateral agreements. States must not return anyone under a readmission agreement without
effective oversight by a post-return human rights monitoring mechanism that verifies
whether the human rights of returnees are actually respected.
57. The return of migrants who do not meet the required international or national legal
standards to remain in their host country must be conducted in safety, with regard to dignity
and respect for human rights, on the basis of: (a) the primacy of voluntary returns;
(b) cooperation between States of origin and reception; and (c) enhanced reception and
reintegration assistance for those who are returned. Children, whether unaccompanied,
separated or accompanied by their parents or other caregivers, should only be returned or
repatriated when it has been determined to be in their best interest through an appropriate
procedure before a competent institution with proper representation of the child. Families
should never be separated unless separation is necessary to ensure the best interest of the
child.
Targets
3.1. Protect the lives and safety of migrants and ensure the rescue of and immediate
assistance to all migrants facing risks to life or safety, in accordance with the
principles and practical guidance on the protection of the human rights of migrants
in vulnerable situations (A/HRC/34/31), by developing and effectively
implementing procedures and guidelines
3.2 Implement a human rights-based approach to migration and border management,
ensuring that the rights of all migrants are always the first consideration
3.3. Respect and protect the human rights of all migrants at borders, both at entry and
return, with special attention paid to vulnerable groups, such as unaccompanied
children, families with children, pregnant women, persons with disabilities, asylum
seekers, refugees, potential victims of trafficking and elderly migrants
3.4 Conduct full individual assessments for all migrants in order to effectively identify
their vulnerabilities and the legal frameworks under which their needs will be met
and their rights protected
3.5. Decriminalize undocumented entry and stay
3.6. Review national and regional border policies to ensure that the human rights of all
migrants at international borders are upheld
3.7. Develop and implement gender- and age-sensitive guidelines to protect migrants in
precarious situations
3.8. Adopt approaches that reduce the precariousness of migrants, in particular by
avoiding the securitization of migration policies and the externalization of border
control
3.9. Returns should be carried out in full respect of international human rights law, in
conditions of safety and dignity and with due procedural guarantees
3.10. Systematically implement post-return human rights monitoring and ensure that such
monitoring is part of every readmission agreement
Indicators
(a) Increased number and proportion of migrants protected as a result of search
and rescue operations;
(b) Considerably reduced number of undocumented migrants who are killed,
injured or become victims of crime or violence while seeking to cross maritime, land and
air borders;
(c) Pushback operations and collective expulsions are stopped;
(d) Regular revision of bilateral and regional readmission agreements to ensure
their compliance with international human rights standards, thus protecting the needs and
rights of migrants;
(e) Policies and practices aimed at detecting vulnerabilities and assessments of
the protection needs of migrants arriving at international borders are implemented and
followed up with appropriate protection measures;
(f) Laws, policies and practices that criminalize undocumented migration are
abolished and replaced by legislation and regulations that qualify undocumented entry as an
administrative rather than a criminal offence;
(g) International cooperation is reduced on immigration policies of
externalization according to which migrants are prevented from moving on and obliged to
remain in countries of transit in which their rights are not respected, and all international
cooperation on immigration policies includes the strengthening of the national human rights
systems and institutions of countries of origin and transit;
(h) Returns are decided after following a strict procedure in which the migrant is
duly represented, has access to appropriate legal assistance and interpretation services and
has an effective opportunity to explain why a return would not be in respect of his or her
rights;
(i) Reintegration programmes are provided for migrants who are returned to
their countries of origin;
(j) Collection and analysis of disaggregated data on all aspects of border
management, including return of migrants.
Goal 4. End the use of detention as a border management and deterrence tool against migrants
Rationale
58. It is a worrying trend that immigration detention is extensively used as a border
management and deterrence tool against migrants and too often as a means to prevent their
access to justice. In line with international human rights law, freedom must be the default
position and detention the exception, used only as a measure of last resort. Detention must
be reasonable, necessary, proportionate, decided on a case-by-case basis and enforced for
the shortest possible period of time. Administrative detention can be justified only if an
individual presents a danger to the public or risks absconding when their presence is
necessary in further proceedings, and such determinations must be made individually and
on the basis of evidence. Furthermore, when detention becomes a routine measure of border
enforcement, it may be, per se, arbitrary insofar as it is neither an exceptional measure of
last resort, nor based upon a meaningful individualized assessment of risk.
59. The increasing practice of migration detention is not automatically accompanied by
assurances of legal guarantees and basic human rights protection for detainees. The access
of migrants to justice is severely hampered by a failure to guarantee appropriate detention
safeguards for vulnerable individuals and access to proper legal representation, legal aid,
consular services, interpretation and translation services and effective remedies.
60. The impact of prolonged detention, coupled with the frequently inhuman detention
conditions (namely, overcrowding, unsanitary personal hygiene facilities and kitchens and
insufficient access to health care, family members, lawyers, international or civil society
organizations and physical and recreational activities), has a devastating effect on the
physical and mental health of migrants. Long periods of immigration detention can also
lead to sustained barriers to the ability of migrants to claim their economic and social
rights, even after having been released.
61. Unaccompanied migrant children and families with children must never be detained
for reasons relating to their administrative immigration status. The detention of children,
even for short periods, can have severe psychological consequences for their development.
The Committee on the Rights of the Child and other human rights mechanisms have made
it clear that immigration detention can never, ever, be in the best interest of a child and that
the immigration detention of children, whether unaccompanied or with their families,
always constitutes a violation of their rights. Consequently, both unaccompanied migrant
children and families with children should always be provided with alternatives to
detention.
62. Many rights-based alternatives to detention exist, including registration
requirements, the deposit of documents, the payment of bonds or bail or the provision of a
surety or guarantor, reporting requirements, case management or supervised release,
designated residence, electronic monitoring and home curfew or house arrest. A number of
countries have moved towards open reception facilities, in particular for vulnerable
migrants such as unaccompanied minors and families. However, prolonged immigration
detention and its associated negative human rights consequences continue in many
countries.
Targets
4.1. Clearly define and exhaustively enumerate the reasons for immigration detention in
legislation, in accordance with international human rights law
4.2. Ensure that the detention of migrants is always a measure of last resort, permissible
only when reasonable, necessary, proportionate, decided on a case-by-case basis and
enforced for the shortest possible period of time
4.3. Expeditiously and completely end the immigration detention of children and their
families, and protect the rights, dignity, welfare and best interests of migrant
children in all cases
4.4. Ensure timely and effective access to justice for all migrants in detention, regardless
of their status and circumstances, including access to competent lawyers, competent
interpreters and translators, legal aid and judicial assistance programmes, non-
governmental organizations, consular authorities and asylum procedures, and the
effective and independent external monitoring of all migrant detention facilities
4.5. Promote, develop and make use of viable, rights-based alternatives to detention
Indicators
(a) Judicial appeals of all detention orders are automatically implemented;
(b) Mandatory detention of migrants is abolished;
(c) The number of migrants in immigration detention is considerably reduced;
(d) Alternatives to detention are created and expanded;
(e) The proportion of migrants who are released into non-custodial alternatives
to detention is considerably increased;
(f) All forms of detention of migrant children and their families on the basis of
their immigration status or that of their parents are abolished;
(g) Increased number of countries having ratified the Optional Protocol to the
Convention against Torture and adopted national preventive mechanisms mandated to visit
all places of deprivation of liberty within their jurisdiction, including places where migrants
are detained.
Goal 5. Provide effective access to justice for all migrants
Rationale
63. Migrants face discrimination and exploitation in the workplace and sometimes
experience forced labour. They often find themselves in debt bondage as a result of
exorbitant recruitment fees. Nevertheless, migrants most often do not seek redress for the
violations of human rights and labour standards that they suffer, owing to their limited
command of the local language, their lack of knowledge of the laws and systems, cultural
barriers and the fear of detection, detention and deportation. This holds especially true for
the most precarious migrants, including undocumented migrants, temporary migrant
workers in sponsorship programmes and live-in migrant domestic workers, most often
women.
64. Immigration legislation and regulations often restrict considerably the access of
migrants to effective recourse and remedies, thus limiting their access to justice.
Perpetrators of abuse, exploitation, violations of rights and violence against migrants too
often benefit from practical immunity. Effective and accessible justice systems can be tools
to overcome exclusion, discrimination and marginalization, through the development of
progressive case law on economic and social rights, the enforcement of the human and
labour rights of migrants and the systematic enforcement of laws prohibiting their
exploitation by private or public actors.
65. Facilitating effective access to justice would go a long way towards, on the one
hand, legitimizing new migration policies by showing that territorial sovereignty and
human rights are not incompatible and, on the other, changing perceptions regarding
migration by combating stereotypes. When migrants actually go to court and the court
proclaims that migrants have rights, citizens and Governments do listen. Conversely, States
must ensure that labour inspections target exploitative employers rather than exploited
migrant workers. The key to ending the practical immunity of all those who abuse and
exploit migrants in a precarious situation is to ensure effective access to justice for
migrants. Tools need to be made available to overcome systemic barriers to the right to an
effective remedy, such as a lack of unionization or representation, a lack of local language
skills, limited awareness of and information about rights and means of redress and
significant resource constraints in the form of a lack of legal aid and of translation and
interpretation services.
Targets
5.1. Ensure and facilitate equal and effective access for all migrants whose labour or
human rights are violated to independent, competent, fair, effective, accountable and
responsive judicial and quasi-judicial institutions available for protecting rights,
controlling abuses of power and resolving conflicts and, in particular, to national
courts, administrative tribunals, national human rights institutions, ombudspersons,
labour arbitration and other dispute resolution mechanisms
5.2. Empower migrants to seek and obtain a remedy through the justice system, and
strengthen their ability to seek and exercise influence upon law-making and law-
implementing processes and institutions
5.3. End discrimination and inequalities for all migrants in the legislation, policies and
practices that regulate access to justice
5.4. Strengthen the capacity of courts, tribunals, national human rights institutions,
ombudspersons and other dispute resolution mechanisms to ensure accountability
for violations of the rights of migrants
5.5. Ensure equal access for all migrants to reliable legal information, effective legal aid,
competent and affordable legal representation and competent interpretation and
translation services
5.6. Reduce crime and violence against migrants during their migration journeys and in
destination countries, and ensure effective protection and assistance to victims of
exploitation and abuse
Indicators
(a) Increased number of complaints filed by migrants of human and labour rights
violations, discrimination or abuse with any judicial or quasi-judicial institutions;
(b) Increased proportion of cases in which migrants were effectively provided
with competent legal representation, adequate legal aid and proper translation and
interpretation services;
(c) Increased number of court fee waivers for all those who cannot afford them,
including migrants;
(d) Increased number of prosecutions for human trafficking, labour exploitation
and forced labour targeting migrants;
(e) Increased number of cases in which migrants are offered special visa
protection or other protective measures for victims of trafficking and forced labour.
Goal 6. Ensure easy access for all migrants to basic services, including education and health
Rationale
66. Newly arrived migrants could face a variety of challenges in accessing public
services, such as health care, education or housing, given their limited command of the
local language and their lack of knowledge of the laws and systems of the host country. The
enjoyment of such rights by migrants is effectively hampered in the absence of relevant
support, such as the provision of language training or free information on relevant laws and
regulations. A related concern is the lack of disaggregated indicators on the economic,
social and cultural rights of all migrants, which would be useful for adequate policy-
making, including on enhancing the accessibility of such services.
67. Migrants may be more vulnerable to poor health by virtue of their often low
socioeconomic status, the sometimes harrowing process of migration and their vulnerability
as non-nationals in the new country. The mental health of migrants is an issue of concern,
with factors such as human rights violations before or during the migration process, social
isolation caused by separation from family and social networks, job insecurity, difficult
living conditions, detention and exploitative treatment potentially having adverse effects.
Migrant women and girls often experience more problematic pregnancy and gynaecological
health issues as compared with the host population. Those working in domestic services
face widespread physical, sexual and psychological abuse and thus require urgent health
care and protection. Access to health care for migrants and the level of such care, however,
varies enormously, depending on State policies and the immigration status of the migrant.
68. Access to public services, such as health care, education, local police, social
services, public housing, labour inspection and health and safety inspection, is key to
ensuring that such services are able to perform their mission with the trust of all
beneficiaries, including migrants, and that migrants do not fear detection, detention and
deportation. Too frequently, immigration enforcement services enlist other public services
as auxiliaries for the detection of undocumented migrants or gain access to their databases.
Unless firewalls are established between public services and immigration enforcement,
vulnerable migrants will never report human rights violations, and perpetrators will benefit
from practical immunity.
69. In the light of the fact that migration is most often an urban phenomenon, cities are
best placed to ensure the integration of migrants. Municipal authorities, which are close to
the needs and interests of the whole community, have already developed excellent policies
and practices and shown leadership in integrating migrants into the population through their
policies, without distinction of any kind. Local authorities in over 40 countries allow some
form of local electoral involvement of migrants in order to increase government
accountability to migrants who cannot vote even though they work, pay taxes and assume
other civic responsibilities.10 Such initiatives would help to integrate them into their new
communities and ensure their access to basic services at the municipal level through
participation in decision-making processes that affect their lives.
Targets
6.1. Establish firewalls between immigration enforcement and public services, thereby
allowing for access to justice, housing, health care, education, police, social and
labour services for all migrants, without fear of detection, detention and deportation
6.2. Provide equal and equitable access for all migrants and members of their families to
adequate, affordable, accessible and quality health care, including mental, sexual
and reproductive health care, and to information and education, including on family
planning
6.3. Ensure equal access for all migrants to quality education at all levels in destination
and transit countries, and enrolment therein, including formal schooling (primary,
secondary and higher education), adult education, on-the-job and vocational
training, language training and lifelong learning opportunities
6.4. Ensure access for all migrants to adequate, safe and affordable housing and to other
basic services
6.5. Provide cities with the powers and resources needed for the integration of migrants,
regardless of their status and circumstances
Indicators
(a) Increased number of countries that have developed national and municipal
legislation, policies, plans and programmes on equal access to services for all migrants,
allocated the powers and resources needed for the integration of migrants and established
firewalls between immigration enforcement and public services;
10 IOM, “The Role of IOM: Migrants and the Equal Participation in Political and Public Affairs”.
(b) Increased proportion of migrants with equal access to adequate, affordable,
accessible and quality health care, education and housing;
(c) Access to universal health-care coverage, formal education, language
training, vocational training and lifelong education, and cross-border recognition of skills
and qualifications, thereby facilitating the social and economic integration of all migrants.
Goal 7. Protect all migrants from all forms of discrimination and violence, including racism,
xenophobia, sexual and gender-based violence and hate speech
Rationale
70. Mobility and diversity are already and will increasingly be the hallmark of
contemporary societies, especially in dynamic urban areas which welcome most of the
world’s migration. Often at opposite ends of the social spectrum, the arts community and
the business community know that diversity and mobility contribute to the dissemination of
creativity, innovation, ideas and know-how and to wealth production.
71. The view and labelling of migrants as illegal is counterproductive and is not
supported by international law. Although migrants who arrive in countries of destination
without documents may be considered to be in an irregular situation, undocumented or
unauthorized, they have not committed a criminal act. A human being cannot be
intrinsically illegal, and naming anyone as such dehumanizes that person. Characterizing
undocumented migrants as illegal has undoubtedly legitimized policies that contradict
human rights guarantees, such as criminalization and prolonged detention. It has also had
an impact on the general public’s perception of migrants and contributed to xenophobia,
discrimination and violence.
72. A fundamental shift in how migration is framed is thus required, in both actions and
words. Many of the intersecting and negative perceptions of migrants and migration that
have pervaded public debates, policies and politics must be challenged. Appropriate
language, precise data and policies that promote respect and acceptance of cultural diversity
will favour the inclusion of migrants, facilitate their integration and increase their
contribution to development.
73. Mobility and diversity create complex issues that require sophisticated policies, a
long-term vision, targeted investments and nuanced discourses. Until now, with a few
exceptions, these requirements have not been met even though strong integration policies,
efficient equality and anti-discrimination mechanisms, vigorous countering of hate speech,
access to justice for all and the promotion of diversity at all levels are urgently needed in
order to ensure that migrants become active citizens.
Targets
7.1. Monitor inequalities and discrimination against migrants by establishing and
enforcing a policy-specific time frame for the reduction of such acts in laws, policies
and practices
7.2. Prohibit by law acts of violence and manifestations and expressions of racism,
discrimination, xenophobia and related intolerance against migrants to ensure the
protection of migrants and guarantee their access to means of recourse, redress and
remedies
7.3. Establish at all levels of government, including municipal authorities, inclusive
institutions, policies and practices that recognize and value all forms of diversity
7.4. Incorporate diversity, whether of origin, transit or destination, into the national
narrative of all countries
7.5. Develop and implement campaigns at the national and global levels to counter
xenophobia, discrimination, racism and violence against all migrants
Indicators
(a) Decreased number and proportion of migrants who are victims of xenophobic
crime, including bias-driven violence;
(b) Inclusive institutions, policies and practices are in place at all levels of
government, including the municipal level, to promote diversity, pluralism and
multiculturalism as essential features of contemporary societies;
(c) Increased number of migrants who are granted remedies in compensation for
discrimination, hate speech or violence;
(d) Significant investment is made in mechanisms for providing information and
education on a culture of diversity, the focus of which is to create awareness of the cultural,
social and economic contributions of migrants, support the reintegration of migrants and
their families into their countries of origin, empower marginalized groups, including
migrants, in the social, political and economic fields, and empower migrants to combat all
forms of discrimination, labour exploitation, abuse, xenophobia, violence and related
intolerance.
Goal 8. Increase the collection and analysis of disaggregated data on migration and mobility
Rationale
74. States must increase the harmonization and coordination of the collection and
analysis of migration data sources in order to develop a systemic picture. They must
provide for inclusive processes that allow for a robust public debate, including through
national consultations, and that promote a better understanding of the needs of migrants in
terms of human and labour rights protection. This will allow States to develop more
targeted programmes and more suitable mobility options and to measure effective progress
for migrants, especially those who are socially marginalized, economically excluded and
politically invisible. Such processes and data collection will constitute an important
contribution to the 2030 Agenda for Sustainable Development.
75. In order for meaningful national plans, policies and programmes to be developed
and implemented, States must focus on collecting and assessing data on the human rights
situation of migrants, from sources such as censuses, population, labour force and
household surveys, administrative records, public services, the justice system, national
human rights institutions, trade unions and civil society organizations. The participation of
hard-to-count migrant populations, such as short-term, circular, undocumented and child
migrants and trafficked persons, in the design of surveys and other data collection
instruments and in the dissemination and analysis of data will improve the relevance and
quality of data.
76. Data collection should be focused on the human rights aspects of migration and
preferably be disaggregated by all prohibited grounds of discrimination, including by
income, urban or rural area, sex, age, disability, nationality, sector of employment and legal
status. Disaggregation by itself, however, does not automatically result in the reduction of
inequalities. It is the action of policymakers in response to the information revealed by
disaggregation that can result in the required change, which must then be reflected when
setting targets and indicators.
77. Migration governance institutions should be able to ensure that the data, including
the identities of those who participated in the production thereof, are protected and kept
confidential. The right of migrants to privacy needs as much protection as that of citizens.
Targets
8.1. Collect disaggregated data and indicators in all areas relevant to migration, while
ensuring data protection and respect for the right of migrants to privacy, in particular
by establishing firewalls in order to enable societies to conduct better-informed
public debates and States to make evidence-based policy decisions
Indicators
(a) Capacity-building for the collection, dissemination and use of disaggregated
data on the situation of migrants;
(b) Promoting the availability of gender-disaggregated data to improve gender
equality policies, including gender-sensitive budgeting, in particular with regard to
marginalized groups, including migrants;
(c) Disaggregated data showing the proportion of migrants who have reported
cases of violations of their rights, including forced labour, discrimination and violence, and
the proportion of victims who received compensation is made available and more precise.
E. Assessment of progress and financing
78. Implementing the 2035 agenda for facilitating human mobility would require an
explicit whole-of-government approach by each State, cooperation among all levels of
government, including municipal authorities, and a global collaboration among all States to
fulfil their duties and responsibilities, as well as a global partnership between States and
other key stakeholders, such as the business community, trade unions, civil society and
migrant associations. The progress in the implementation thereof would be monitored and
reported by States periodically at the national, regional and global levels.
79. Systematic follow-up and review at the global level would be conducted during the
General Assembly High-Level Dialogues on International Migration and Development to
ensure that the implementation of the agenda stays on course. Given that the Millennium
Development Goals were followed by the more ambitious Sustainable Development Goals,
the 2035 agenda would also be expected to pave the way for a more ambitious agenda in
order to make a meaningful and progressive impact on the lives of future generations.
80. In order to facilitate the implementation of the agenda by States, the Special
Rapporteur also supports the proposal made in the report of the Special Representative of
the Secretary-General on Migration (A/71/728) with regard to financing through a
collective fund. As stated in paragraph 34 of the present report, similar long-term strategies
exist for the environment, trade and energy. Similarly, as outlined in the report of the
Special Representative, a dedicated financing facility would be needed to support capacity
development for the implementation of migration-related international commitments. The
Special Rapporteur welcomes the opening of the Sustainable Development Goals Financing
Lab, which is aimed at mobilizing the resources needed to support the world’s long-term
sustainable development objectives, including in relation to migration.11
F. Conclusions and recommendations
81. Migration is here to stay. The inclusion of migration in the Sustainable
Development Goals demonstrated the importance of migration today and the
commitment of States to addressing it. The unprecedented number of undocumented
cross-border movements has resulted in increased deaths, violence and suffering at
borders and at every stage of the migratory process over the past few years. Such
events have clearly shown that the status quo in the approaches of States to border
control and migration is not sustainable if the objective is to reduce suffering and
deaths. They have also underlined the increasing importance of migration. In the
high-level plenary meeting on addressing large movements of refugees and migrants
and its outcome document, the New York Declaration, migration was firmly
established as a priority issue within the United Nations system, and the need of States
to commit to the protection of the human rights of migrants and improved global
migration governance was acknowledged.
11 See www.un.org/pga/71/2017/04/18/opening-of-sdg-financing-lab/.
82. The global compact for safe, orderly and regular migration offers an
opportunity for better migration governance that enables States to develop clear,
long-term and evidence-based migration policies ensuring full protection of the
human rights of all migrants.
83. The Special Rapporteur considers the global compact for safe, orderly and
regular migration, which is to be presented for adoption in 2018, as the beginning of a
long-term, 15-year agenda, complementary to the 2030 Agenda for Sustainable
Development and aimed primarily at implementing targets 10.7 and 8.8 of the
Sustainable Development Goals. The objective is to provide States with short-,
medium- and long-term achievable goals and targets aimed at facilitating migration
and mobility and protecting the human and labour rights of migrants, as requested in
the 2030 Agenda.
84. The long-term strategy would start in 2020, which could be designated as the
“International year for safe, orderly and regular migration for all”. The strategy
could be called the “2035 agenda for facilitating human mobility”. The Special
Rapporteur recommends the adoption of eight practical and achievable goals, with
appropriate targets and indicators, as his contribution to the 2035 agenda. He
acknowledges that these goals and targets could be further refined and must be
developed in full recognition of the challenges that States are facing in their
endeavour to establish a global framework for rights-based global migration
governance.
85. The Special Rapporteur recommends a consultative process led by the United
Nations to further develop goals and targets. Such a process would include the
participation of experts, the business community, civil society organizations and
migrants themselves. It would build upon the principles and guidelines, supported by
practical guidance, on the human rights protection of migrants in vulnerable
situations within large and/or mixed movements developed by the Global Migration
Group. The guidance could form an important starting point for the development of
goals and targets, given that it is derived from existing obligations under international
law and is aimed at assisting States and other stakeholders with regard to the
refinement, strengthening, implementation and monitoring of measures to protect
migrants in vulnerable situations.
86. The Special Rapporteur proposes that States also develop inclusive processes so
as to allow for national consultations that foster better understanding of and
adaptation to each goal, target and indicator, according to national contexts, taking
into account and carrying the voice of migrants in particular.
87. A longer-term strategy will require long-term investment in order to ensure the
effective implementation and monitoring of all eight goals. The implementation of
such an agenda within the framework of the United Nations would require the
existing bilateral, regional and global cooperation mechanisms to be strengthened.
This would ensure accountability, monitoring and oversight, while creating a clear
link to the formal normative monitoring mechanisms established within the United
Nations.