A/HRC/7/12
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regional initiatives focusing on migration, but none has yet to fully bring about the free
movement of persons which would alleviate some of the concerns about irregular migration in
the region.22
32. These are just three examples of regional mechanisms that can better regulate
demand-driven migration, thereby reducing irregular intraregional migration flows, but much
can be done at the bilateral level to facilitate permanent regularized labour mobility for all skill
levels, as well as temporary and circular migration schemes. In a time of increased mobility,
enhancing the gains from labour migration and facilitating their more equitable distribution
requires comprehensive and coherent State policies, capacity-building and bilateral and
multi-stakeholder cooperation.23
33. Central to this approach is the recognition of the scope of demand-driven migration as an
inadequate understanding of the relationship between migration and its economic drivers has led
to manifestations of xenophobia, whether in institutional policies or at the society/community
level. A clearer picture of the economic needs of a given State and the gaps that labour mobility
can fill, through regularized channels and with adherence to basic human rights standards, may
contribute to the generation of a shift from such xenophobic tendencies in host societies.
B. Criminalization issues in focus
1. Interception and rescue at sea
34. The phenomenon of migrants travelling by sea in search of safety, refuge or simply better
economic conditions is not new. The term “boat people” has now entered into common parlance,
with asylum-seekers, refugees, and migrants trying to reach the closest destination by boat, in the
Mediterranean, the Caribbean and the Pacific regions, for example. Since the vessels used are
often overcrowded and unseaworthy, rescue at sea, disembarkation and processing of those
rescued has re-emerged as an important but challenging issue for States, international
organizations, the shipping industry and, of course, the vulnerable migrants themselves.
Moreover, in an effort to restrict these flows, destination States have increasingly resorted to
interception practices within the broader context of migratory control measures. In both cases
reports indicate that adequate protection safeguards and attention to the human rights of those
rescued or intercepted have not always been evident.24
22
Christine Inglis, “Migration without borders: the Asia-Pacific in an uncertain world”, draft
article of the Migration without Borders series, UNESCO, 19 January 2005.
23
24
IOM, International Dialogue on Migration.
United Nations Office of the High Commissioner for Refugees, “Background Note on the
Protection of Asylum Seekers and Refugees Rescued at Sea”, March 2002, final version as
discussed at the expert round table Rescue-at-sea: Specific aspects relating to protection of
asylum-seekers and refugees, held in Lisbon on 25-26 March 2002. See also UNHCR and
International Maritime Organization (IMO), Rescue at Sea: A guide to principles and practice
applied to migrants and refugees, September 2006 (www.unhcr.org/publ/PUBL/450037d34.pdf).
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