A/HRC/15/60
Bearing in mind the obligations of States under international law, as applicable, to
exercise due diligence to prevent crimes against migrants, to investigate and punish
perpetrators and, in accordance with applicable law, to rescue victims and to provide for
their protection, and that not doing so violates and impairs or nullifies the enjoyment of the
human rights and fundamental freedoms of victims,
Bearing in mind also that policies and initiatives on the issue of migration, including
those that refer to the orderly management of migration, should promote holistic
approaches that take into account the causes and consequences of the phenomenon, as well
as full respect for the human rights and fundamental freedoms of migrants,
Affirming that crimes against migrants and trafficking in persons continue to pose a
serious challenge and require a concerted international assessment and response and
genuine multilateral cooperation among countries of origin, transit and destination for its
eradication,
Aware that, as criminals take advantage of migratory flows and attempt to
circumvent restrictive immigration policies, migrants become more vulnerable to, inter alia,
kidnapping, extortion, forced labour, sexual exploitation, physical assault, debt servitude
and abandonment,
Stressing the obligation of States to protect the human rights of migrants regardless
of their legal status, and expressing its concern at measures which, including in the context
of policies aimed at reducing irregular migration, treat irregular migration as a criminal
rather than an administrative offence where the effect of doing so is to deny migrants full
enjoyment of their human rights and fundamental freedoms,
Emphasizing the global character of the migratory phenomenon, the importance of
international, regional and bilateral cooperation and the need to protect the human rights of
migrants, particularly at a time in which migration flows have increased in the globalized
economy and take place in a context of new security concerns,
1.
Takes note with appreciation of the study of the Office of the United Nations
High Commissioner for Human Rights on challenges and best practices in the
implementation of the international framework for the protection of the rights of the child
in the context of migration,28 and invites States to take into account the conclusions and
recommendations of the study when designing and implementing their migration policies;
2.
Takes note of the work undertaken by the special procedures on the right to
health and adequate housing in the context of migration;
3.
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 SecretaryGeneral to continue his efforts to promote and raise awareness of the Convention;
4.
Calls upon States parties to the United Nations Convention against
Transnational Organized Crime and the supplementing protocols thereto, namely, the
Protocol against the Smuggling of Migrants by Land, Sea and Air and the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, to
implement them fully, and calls upon States that have not yet ratified or acceded to them to
consider doing so as a matter of priority;
5.
Encourages Member States that have not already done so to enact domestic
legislation and take further effective measures to combat international trafficking in and
28
GE.11-17043
A/HRC/15/29.
37
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents