A/HRC/15/60
11.
Recalls that the Universal Declaration on Human Rights recognizes that
everyone has the right to an effective remedy by the competent national tribunals for acts
violating their fundamental rights, and therefore:
(a)
Requests States to prosecute, in conformity with applicable law, any crime
against or violation of the human rights of migrants and their families, inter alia, arbitrary
detention, torture and violations of the right to life, including extrajudicial executions,
during their transit from their country of origin to the country of destination and vice versa,
including through national borders;
(b)
Affirms that it is essential to place the protection of human rights at the
centre of measures taken to prevent and end abuses against migrants, and to protect, assist
and provide access to adequate redress to victims, in accordance with applicable law,
including the possibility of obtaining compensation;
12.
Reaffirms the rights set forth in the Universal Declaration of Human Rights
and the obligation of States under the International Covenants on Human Rights, and in this
regard strongly condemns the manifestations and acts of racism, racial discrimination,
xenophobia and related intolerance against migrants and the stereotypes often applied to
them, including on the basis of religion or belief, and urges States to apply and, where
needed, reinforce the existing laws when xenophobic or intolerant acts, manifestations or
expressions against migrants occur, in order to eradicate impunity for those who commit
xenophobic and racist acts;
13.
Stresses the importance of international, regional and bilateral cooperation in
the protection of the human rights of migrants, and therefore:
(a)
Encourages States to participate in international and regional dialogues on
migration that include countries of origin, transit and destination, and invites them to
consider negotiating bilateral and regional agreements on migrant workers within the
framework of applicable human rights law and designing and implementing programmes
with States of other regions to protect the rights of migrants;
(b)
Also encourages States to take the necessary measures to achieve policy
coherence on migration at the national, regional and international levels, including by
ensuring coordinated child protection policies and systems across borders that are in full
compliance with international human rights law;
(c)
Further encourages States to strengthen further their cooperation in protecting
witnesses and victims of smugglers and traffickers;
(d)
Encourages States to allow persons claiming to be in need of protection to
enter without delay the applicable national procedure for protection, including the national
asylum procedure, in the country where they are present;
14.
Takes note of actions taken by several special procedures of the Council and
treaty bodies towards the effective prevention of violations of the human rights of migrants,
including through joint statements and urgent appeals, and encourages them to continue
with their collaborative efforts to this end, within their respective mandates;
15.
Decides to remain seized of the matter.
31st meeting
30 September 2010
[Adopted without a vote.]
GE.11-17043
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