A/HRC/34/31
in draft form and the present document is being presented as a progress report, pursuant to
the request of the Human Rights Council. Since many terms used in global discussions in
this area have required clarification, a limited glossary of key terms used in the report and
the principles and guidelines has been included in the annex to the present document.
II. Background
6.
Around the world, many millions of migrants and refugees are in a vulnerable
human rights situation, including in the context of large and/or mixed movements.
7.
In the New York Declaration for Refugees and Migrants, the General Assembly
recognized the complex reasons for contemporary movement: “Since earliest times,
humanity has been on the move. Some people move in search of new economic
opportunities and horizons. Others move to escape armed conflict, poverty, food insecurity,
persecution, terrorism, or human rights violations and abuses. Still others do so in response
to the adverse effects of climate change, natural disasters (some of which may be linked to
climate change) or other environmental factors. Many move, indeed, for a combination of
these reasons.” 5 The Secretary-General has also noted in this regard that the gradual
expansion of refugee protection notwithstanding, many people are compelled to leave their
homes for reasons that do not fall within the refugee definition in the Convention relating to
the Status of Refugees (see A/70/59, para. 18).
8.
While migration can be a positive and empowering experience for individuals and
communities and can benefit countries of origin, transit and destination, it is clear that
precarious movements of people are a serious human rights concern (see A/HRC/31/35).
Although they might fall outside the specific legal category of refugee, migrants may need
particular attention to be paid to the respect, protection and fulfilment of their human rights.
Some will need specific protection as a result of the conditions they are leaving behind, the
circumstances in which they are compelled to move and in which they are received, and/or
according to specific characteristics such as age, gender, disability or health status. It is
these people on the move and these situations of movement that are the focus of the current
principles and guidelines.6
9.
Recognizing that all people on the move are rights holders, entitled to the equal
protection of their rights under international human rights law and related standards, it is
important to uphold existing protections for specific groups that are established in
international law. Refugees and asylum seekers are entitled to specific protection under
international refugee law. 7 The human rights and particular needs of other groups of
individuals, such as trafficked persons, migrant workers, stateless persons and persons with
disabilities, have similarly been recognized in specific international instruments. 8 The
development of principles and guidelines is thus without prejudice to the specific rights of
particular groups who are part of such movements.
5
6
7
8
4
See also the preamble to the Paris Agreement under the United Nations Framework Convention on
Climate Change.
For further background on the rationale for the principles, see A/HRC/33/67.
Including the Convention relating to the Status of Refugees and its 1967 Protocol.
Specifically, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention against Transnational Organized Crime,
the International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, ILO Migration for Employment Convention (Revised), 1949 (No. 97); ILO Migrant
Workers (Supplementary Provisions) Convention, 1975 (No. 143) the Convention relating to the
Status of Stateless Persons and the Convention on the Rights of Persons with Disabilities.
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