RES/35/17 Protection of the human rights of migrants: the global compact for safe, orderly and regular migration

GE.17-11308(E)

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Human Rights Council Thirty-fifth session

6–23 June 2017

Agenda item 3

Resolution adopted by the Human Rights Council on 22 June 2017

35/17. Protection of the human rights of migrants: the global compact

for safe, orderly and regular migration

The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

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, protecting and respecting the

human rights of all persons, including all migrants, regardless of their migration status, 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, protecting and respecting the human rights of all

migrants, and urging all countries to avoid approaches that might aggravate their vulnerable

situation,

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,

Underscoring that all migrants, regardless of their migration status, are human rights

holders, and reaffirming the need to protect their safety, dignity and human rights and

fundamental freedoms,

Reaffirming the New York Declaration for Refugees and Migrants and the annexes

thereto, adopted by the General Assembly in its resolution 71/1 of 19 September 2016, and

calling for the fulfilment of the commitments of Member States reflected therein,

Stressing the need to mainstream human rights throughout the global compact for

safe, orderly and regular migration and, in this regard, welcoming the informal thematic

session on the human rights of all migrants, social inclusion, cohesion, and all forms of

discrimination, including racism, xenophobia and intolerance, held in Geneva in May 2017,

and taking note of the other informal thematic sessions, regional and subregional

consultations and multi-stakeholder hearings,

Taking note of General Assembly resolution 71/280 of 6 April 2017 on modalities

for the intergovernmental negotiations of the global compact for safe, orderly and regular

migration,

Noting with appreciation the enhanced interactive dialogue on the human rights of

migrants in the context of large movements, held by the Human Rights Council at its thirty-

fourth session,

Taking note with appreciation of the report on the promotion and protection of the

human rights of migrants in the context of large movements,1 submitted by the United

Nations High Commissioner for Human Rights to the Human Rights Council at its thirty-

third session,

Taking note with appreciation also of the reports of the Special Rapporteur on the

human rights of migrants on global migration, including the report on the human rights of

1 A/HRC/32/67.

migrants on a 2035 agenda for facilitating human mobility,2 and taking note of the

conclusions of the report of the Special Rapporteur submitted to the General Assembly,3

Taking note with appreciation further of the report of the Special Representative of

the Secretary-General on Migration,4

Noting with appreciation the work performed by the Global Migration Group and, in

particular, its Working Group on Migration, Human Rights and Gender, on principles and

practical guidance on the protection of the human rights of migrants in vulnerable

situations,

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

Development, held in Dhaka in December 2016, which emphasized, inter alia, the

importance of improving the governance of migration which encourages the formulation of

a comprehensive framework that covers all the relevant dimensions of migration, the

promotion of migration and development, and addressing irregular migration, and

welcoming the convening of the tenth summit meeting, in Berlin, from 28 to 30 June 2017,

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

promote holistic approaches that take into account the causes and consequences of the

phenomenon, and acknowledging that poverty, underdevelopment, lack of opportunities,

poor governance and environmental factors, human rights violations and abuses, and armed

conflict, terrorism, absence of peace and security, conflict prevention and resolution are

among the drivers of migration,

Deeply concerned about 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, recognizing the obligation of States to protect and respect the human

rights of those migrants, regardless of their migration status, and reaffirming the

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

Expressing serious concern about the special needs of and risks faced by migrants in

vulnerable situations, including women at risk, children, especially unaccompanied migrant

children or children separated from their families, members of ethnic and religious

minorities, victims of violence, older persons, persons with disabilities, persons who are

discriminated against on any basis, indigenous peoples, victims of human trafficking and

victims of exploitation and abuse in the context of the smuggling of migrants, and

recognizing the need to address vulnerable situations and the disproportionate risks

migrants may face, particularly with regard to discrimination and exploitation, as well as

sexual, physical and psychological abuse, violence, human trafficking and contemporary

forms of slavery, racism, xenophobia, discrimination and intolerance towards all migrants,

Expressing serious concern also about the particular vulnerable situations and risks

faced by migrants, which can arise from the reasons for leaving country of origin,

circumstances encountered by migrants en route, at borders and at destination, specific

aspects of a person’s identity or circumstance or a combination of these factors,

Recalling that each State has a sovereign right to determine whom to admit to its

territory, subject to that State’s international obligations, and recalling also that States must

readmit their returning nationals and ensure that they are duly received without undue

delay, following confirmation of their nationalities in accordance with national legislation,

2 A/HRC/35/25.

3 A/71/285.

4 A/71/728.

Expressing concern at the increasing trend of xenophobia and hostility towards

migrants in societies and the criminalization of irregular migration, which might have a

negative impact on the fulfilment of human rights globally,

Recognizing the importance of coordinating international efforts to provide adequate

protection, assistance and support to migrants in vulnerable situations, and highlighting the

principles and practical guidance on the human rights protection of migrants in vulnerable

situations developed by the Global Migration Group as a contribution to further work in

this regard,

Recognizing also that any type of return, whether voluntary or otherwise, must be

consistent with States’ obligations under international human rights law and in compliance

with the principle of non-refoulement and should be in keeping with the best interest of

children and due process,

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 contribution of civil society, including non-governmental

organizations, to promoting the well-being of migrants and their integration into societies,

especially at times of extremely vulnerable conditions, and encouraging deeper interaction

between Governments and civil society to find responses to the challenges and the

opportunities posed by international migration,

Recognizing also the cultural and economic contributions made by all migrants,

regardless of their migration status, to receiving societies and their communities of origin,

and the need to identify appropriate means of maximizing development benefits and

responding to the complex 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 Development,5 which

recognizes the positive contribution of migrants for inclusive growth and sustainable

development, and that international migration is a multidimensional reality of major

relevance for the development of countries of origin, transit and destination, which requires

coherent and comprehensive responses involving full respect for human rights and the

humane treatment of migrants, regardless of their migration status, 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 effectively promote, protect and respect the human

rights and fundamental freedoms of all migrants, regardless of their migration status,

including those of women, children, persons with disabilities and those who are

discriminated against on any basis, 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

5 General Assembly resolution 70/1.

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 migration status, particularly in the context of the preparatory process

leading to the adoption of the global compact for safe, orderly and regular migration;

3. Underlines the importance of a comprehensive approach to the global

compact for safe, orderly and regular migration, ensuring a people-centered, sensitive,

humane, dignified, gender-responsive and prompt reception for all persons arriving in

receiving countries, particularly those in large movements, and ensuring full respect and

protection for their human rights and fundamental freedoms;

4. Calls upon all States to promote the mainstreaming of the human rights and

fundamental freedoms of migrants, including women and children, regardless of their

migration status, and the specific needs of migrants in vulnerable situations, including the

identification and protection of victims of human trafficking, in the context of the

preparatory process leading to the adoption of the global compact for safe, orderly and

regular migration;

5. Takes note with appreciation 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, including by considering incorporating them into any practical

actions agreed in the global compact for safe, orderly and regular migration;

6. 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;

7. 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 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;

8. Reaffirms the duty of States to effectively promote, protect and respect the

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

children at risk, especially unaccompanied migrant children or children separated from their

families, persons with disabilities and those who are discriminated against on any basis,

regardless of their migration status, in conformity with the Universal Declaration of Human

Rights and the international instruments to which they are party;

9. 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;

10. Reaffirms that, while States have the sovereign right to enact and implement

migration and border security measures, they have a duty to comply with their obligations

under relevant international law, including international human rights law and refugee law,

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

vulnerable situation;

11. Invites all States to ensure that their immigration policies are consistent with

their obligations under international human rights law, and to promote the enjoyment of

human rights by all migrants without discrimination, including by considering reviewing

migration policies with a view to examining their possible unintended negative

consequences;

12. 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 migration

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

organizations that provide such attention can operate;

13. Also calls upon all States to adopt a comprehensive and integral approach to

migration policies, to facilitate safe, orderly, regular and responsible migration and mobility

of people, 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 accordance with

international human rights standards;

14. Calls upon States to give due consideration to the proposal of the Special

Rapporteur on the human rights of migrants on a 2035 agenda for facilitating human

mobility 2 when participating in the preparatory process and during the negotiation of the

global compact for safe, orderly and regular migration;

15. Encourages the Office of the High Commissioner to provide technical

assistance to States, upon their request, to better promote and protect the human rights of

migrants;

16. Encourages non-governmental organizations, civil society organizations,

national human rights institutions and other relevant stakeholders to participate in the

informal thematic sessions and informal interactive multi-stakeholder hearings requested by

the General Assembly, as part of the preparatory process for the intergovernmental

conference, in accordance with Assembly resolution 71/280 on modalities for the

intergovernmental negotiations of the global compact for safe, orderly and regular

migration;

17. Encourages special procedure mandate holders and treaty bodies, in

accordance with their respective mandates and in coordination with the United Nations

system as a whole, to provide input and to support the State-led preparatory process for the

global compact and the intergovernmental conference in accordance with General

Assembly resolution 71/280;

18. Requests the United Nations High Commissioner for Human Rights:

(a) To participate in, as appropriate, and contribute to the preparatory process of

the global compact for safe, orderly and regular migration with a view to providing human

rights-based input and mainstreaming human rights throughout the global compact;

(b) To submit, 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, on the basis of existing legal

norms, and to report thereon to the Human Rights Council at its thirty-seventh session;

(c) To submit to the Human Rights Council before its thirty-sixth session a

report on the compendium of principles, good practices and policies on safe, orderly and

regular migration in accordance with international human rights law, 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-second session;

(d) To submit, through the appropriate means, all relevant inputs from the

Human Rights Council and its bodies and mechanisms for consideration in the preparation

of the global compact for safe, orderly and regular migration, in accordance with General

Assembly resolution 71/280;

19. Invites all States to take into account, during their participation in the

preparatory process, including the negotiation leading to the adoption of the global compact

for safe, orderly and regular migration, the inputs produced by the Human Rights Council

and its bodies and mechanisms;

20. 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;

21. Encourages States and regional and international organizations to enhance

their cooperation with the Special Rapporteur on the human rights of migrants;

22. Decides to remain seized of the matter.

36th meeting

22 June 2017

[Adopted without a vote.]