A/HRC/13/60
awareness on the rights of the migrants and undertaking initiatives to overcome xenophobic
attitudes of the local population.
30.
The Chief of Development, Economic and Social Issues Branch at OHCHR, Ibrahim
Wani, pointed out that States have an obligation to protect the human rights of all
individuals within their jurisdiction, including all migrants, irrespective of their status. In
the Durban Declaration and Programme of Action, States, among other things, highlighted
the importance of creating conditions conducive to greater harmony, tolerance and respect
between migrants and the rest of society in host countries, recognized that xenophobia
against non-nationals, particularly migrants, refugees and asylum-seekers, constituted one
of the main sources of contemporary racism and, crucially, emphasized that human rights
violations against members of such groups were widely perpetrated as a result of
discriminatory, xenophobic and racist practices.
31.
The panellist noted that in host societies, migrants often faced multiple forms of
discrimination. Specific laws, policies and programmes failing to acknowledge the specific
needs and vulnerability of migrants might preclude access to adequate housing, health or
education. The lack of official status exposed migrants to unfair labour practices and harsh
abuse related to the workplace.
32.
Mr. Wani stated that failure to protect specifically migrant women fostered an
environment where exploitation and violence could go unreported and unpunished.
33.
With regard to the link between migration and development, the panellist noted that
migrants contributed to economic growth and human development both in home and host
countries and enriched societies through cultural diversity, fostering understanding and
respect. It was pointed out that supportive policy measures were needed.
34.
The speaker emphasized that NHRIs could play an important role in ensuring
effective protection of migrants’ human rights. He also highlighted the importance of a
human rights approach to migration, in other words, placing human rights standards at the
centre of migration considerations and making use of existing human rights mechanisms to
protect migrant women, men and children from the human rights violations they suffer at
the different stages of the migratory process.
35.
A concern was raised with regard to the increasing tendency to criminalize the
irregular entry into a country and to use mandatory detention as a punitive measure to
discourage irregular migration. Such procedures did not spare migrant children who, in
many countries, could be held in prolonged administrative detention without proper
justification. Often such detainees had neither the capacity nor the rights to challenge the
legality of their detention.
36.
A delegate stressed that the vulnerability and specific needs of migrant women and
migrant children should receive due attention, including through institutional frameworks
and legislative measures. It was noted that migrants’ access to employment, justice,
education, health, and housing should be ensured through specific measures.
37.
A delegate provided an extensive overview of national migratory policy. It was
stressed that the national measures aimed to facilitate the residence of migrants, irrespective
of their status, to promote their integration and equal access to public services and goods, to
facilitate the reunification of migrants’ families and to facilitate the legalization of status,
among others. The participant emphasized that it was important that Governments move to
design and implement realistic policies.
38.
Several delegates noted that migration was not only South-to-North, and that more
people were migrating from South-to-South and North-to-North. It was also pointed out
that the full scope of understanding of migration was somehow incomplete, due to the lack
of figures.
GE.10-10828
7
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