RES/34/21 Human rights of migrants: mandate of the Special Rapporteur on the human rights of migrants

GE.17-05671(E)

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Human Rights Council Thirty-fourth session

27 February–24 March 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 24 March 2017

34/21. 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, sex, religion 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 2005, General Assembly and Human

Rights Council resolutions on the human rights of migrants, and Council resolutions 8/10 of

18 June 2008, 17/12 of 17 June 2011 and 26/19 of 26 June 2014 entitled “Human rights of

migrants: mandate of the Special Rapporteur on the human rights of migrants”,

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

2006,

Recalling its resolutions 5/1, on the institution-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 shall discharge his or her

duties in accordance with those 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, effective from the end of its

thirty-fifth session, the mandate of the Special Rapporteur on the human rights of migrants,

with the following functions:

United Nations A/HRC/RES/34/21

General Assembly

(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 analysing

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

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 Human Rights Council, according to its annual

programme of work, and to the General Assembly, bearing in mind the utility of

maximizing the benefits of the reporting process;

2. Requests the Special Rapporteur, in carrying out the 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 the 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

aspects of the mandate;

5. Requests the Special Rapporteur, in carrying out the mandate, to take into

account bilateral, regional and international initiatives that address issues relating to the

effective protection of human rights of migrants, including the return and reintegration 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 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 the human

and financial assistance necessary for the fulfilment of the mandate.

57th meeting

24 March 2017

[Adopted without a vote.]