A/HRC/34/31
“‘Large movements’ may be understood to reflect a number of
considerations, including: the number of people arriving, the economic,
social and geographical context, the capacity of a receiving State to respond
and the impact of a movement which is sudden or prolonged. The term does
not, for example, cover regular flows of migrants from one country to
another. ‘Large movements’ may involve mixed flows of people, whether
refugees or migrants, who move for different reasons but who may use
similar routes.”f
Migrants
In the present principles and guidelines, an international migrant (or
migrant) refers to “any person who is outside a State of which he or she is a
citizen or national, or, in the case of a stateless person, his or her State of
birth or habitual residence”.g There is no universal, legal definition of a
migrant.
The term “migrant” within the present principles and guidelines refers
throughout to a migrant in a vulnerable situation. h
f
g
h
i
j
k
14
Mixed migration
The term describes the cross-border movements of people with varying
protection profiles, reasons for moving and needs, who are moving along the
same routes, using the same transport or means of travel, often in large
numbers.i There is no official or agreed definition of mixed migration.
Non-refoulement
The prohibition of refoulement under international human rights law
generally applies to any form of removal or transfer of persons, regardless of
their status, where there are substantial grounds for believing that the
individual would be in danger of suffering torture or other irreparable harm
in the place to which he or she is to be transferred or removed. j As an
inherent part of the prohibition of torture and other forms of ill-treatment,
the principle of non-refoulement is characterized by its absolute nature. k
New York Declaration for Refugees and Migrants, para. 6.
See Recommended Principles and Guidelines on Human Rights at International Borders, chap. I,
para. 10. IOM defines a migrant as any person who is moving or has moved across an international
border or within a State away from his/her habitual place of residence, regardless of (a) the person’s
legal status; (b) whether the movement is voluntary or involuntary; (c) what the causes for the
movement are; or (d) what the length of the stay is. Some categories of migrants are defined in
international instruments, particularly “migrant worker” or “migrant for employment”, which are
defined in the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, art. 2 (1); ILO Migration for Employment Convention (Revised) No. 97
(1949), art. 11; ILO Migrant Workers (supplementary provisions) Convention, No. 143 (1975), art.
11. UNHCR always refers to refugees and migrants separately, to maintain clarity about the causes
and character of refugee movements and not to lose sight of the specific obligations owed to refugees
under international law.
For an explanation of the term “migrant in a vulnerable situation”, see paras. 12-15 of the report.
See A/HRC/31/35, para. 10.
See Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,
art. 3; and Human Rights Committee, general comment No. 31 (2004) on the nature of the general
legal obligation on States parties to the Covenant, para. 12.
See A/70/303, paras. 38 and 41.
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