Commission on Human Rights resolution 2000/48 Human rights of migrants

The Commission on Human Rights,

Considering that the Universal Declaration of Human Rights proclaims that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set out therein, without distinction of any kind, in particular as to race, colour or national origin,

Reaffirming that every State party to the International Covenant on Civil and Political Rights must ensure to all individuals within its territory and subject to its jurisdiction the rights recognized in the Covenant,

Reaffirming also that every State party to the International Covenant on Economic, Social and Cultural Rights must undertake to guarantee that the rights enunciated in that Covenant will be exercised without discrimination of any kind, including on the basis of national origin,

Reaffirming the provisions concerning migrants adopted by the World Conference on Human Rights, the International Conference on Population and Development, the World Summit for Social Development and the Fourth World Conference on Women,

Recalling General Assembly resolution 40/144 of 13 December 1985, by which it approved the Declaration on the Human Rights of Individuals Who are not Nationals of the Country in which They Live,

Taking note of the large and increasing number of migrants in the world,

Deeply concerned at the manifestations of racism, xenophobia and other forms of discrimination and inhuman and degrading treatment against migrants in different parts of the world,

Bearing in mind the situation of vulnerability in which migrants frequently find themselves, owing, inter alia, to their absence from their State of origin and to the difficulties they encounter because of differences of language, custom and culture, as well as the economic and social difficulties and obstacles for the return of migrants who are non-documented or in an irregular situation to their States of origin,

Also bearing in mind the need for a focused and consistent approach towards migrants as a specific vulnerable group, particularly women and children migrants,

Encouraged by the increasing interest of the international community in the effective and full protection of the human rights of all migrants, and underlining the need to make further efforts to ensure respect for the human rights and fundamental freedoms of all migrants,

Taking note with appreciation of the recommendations by the Working Group of intergovernmental experts on the human rights of migrants on strengthening the promotion, protection and implementation of the human rights of this large vulnerable group,

Noting with appreciation the efforts made by some States to penalize the international trafficking of migrants and to protect the victims of this illegal activity,

Bearing in mind the mandate of the Special Rapporteur on the human rights of migrants contained in its resolution 1999/44 of 27 April 1999,

Also bearing in mind resolution 54/166, in which the General Assembly welcomes the Commission's decision to appoint a special rapporteur on the human rights of migrants,

Resolved to ensure respect for the human rights and fundamental freedoms of all migrants,

1. Acknowledges that the principles and standards embodied in the Universal Declaration of Human Rights apply to everyone, including migrants;

2. Requests States, in conformity with their respective constitutional systems, the Universal Declaration of Human Rights and the international instruments to which they are party, which may include the International Covenants on human rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Rights of the Child and other applicable international human rights instruments, effectively to promote and protect the fundamental human rights of all migrants;

3. Welcomes the first report of the Special Rapporteur (E/CN.4/2000/82) submitted pursuant to resolution 1999/44, especially the Plan of Action and recommendations;

4. Encourages the Special Rapporteur to continue examining ways and means of overcoming existing obstacles to the full and effective protection of the human rights of this vulnerable group, including obstacles and difficulties for the return of migrants who are non-documented or in an irregular situation, in conformity with her mandate contained in Commission on Human Rights resolution 1999/44;

5. Requests the Special Rapporteur, in carrying out her mandate and within the framework of the Universal Declaration of Human Rights and all other international human rights instruments, to request, receive and exchange information on violations of the human rights of migrants, wherever they may occur, from Governments, treaty bodies, specialized agencies, special rapporteurs for various human rights questions and from intergovernmental organizations, other competent organizations of the United Nations system and non-governmental organizations, including migrants' organizations, and to respond effectively to such information;

6. Requests the aforementioned mechanisms to cooperate with the Special Rapporteur;

7. Requests the Special Rapporteur to include in her work schedule a programme of visits for the next two years, with a view to improving the protection afforded to the human rights of migrants, thus implementing as broadly and fully as possible all the aspects of her mandate;

8. Encourages Governments to give serious consideration to inviting the Special Rapporteur to visit their countries so as to enable her to fulfil her mandate effectively;

9. Requests all Governments to cooperate fully with the Special Rapporteur in the performance of the tasks and duties mandated, to furnish all information requested and to react promptly to her urgent appeals;

10. Welcomes the Special Rapporteur's recommendation that close links be established between her work and that of the Preparatory Committee for the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, within the framework of the Conference's objectives, and encourages her to help identify the main issues which the Conference should address;

11. Requests the Special Rapporteur, in carrying out her mandate, to take into account bilateral and regional negotiations which aim at addressing, inter alia, the return and reinsertion of migrants who are non-documented or in an irregular situation;

12. Strongly condemns all forms of racial discrimination and xenophobia related to access to employment, vocational training, housing, schooling, health services and social services, as well as services intended for use by the public, and welcomes the active role played by governmental and non-governmental organizations in combating racism and xenophobia assisting individual victims of racist acts, including migrant victims;

13. Calls upon all States to consider reviewing and, where necessary, revising immigration policies with a view to eliminating all discriminatory policies and practices against migrants and to provide specialized training for government policy-making and law enforcement, migration and other concerned officials, thus underlining the importance of effective action to create conditions that foster greater harmony and tolerance within societies;

14. Reiterates the need for all States to protect fully the universally recognized human rights of migrants, especially those of women and children, regardless of their legal status, and to treat them humanely, particularly with regard to assistance and protection, applying inter alia the measures provided under the Vienna Convention on Consular Relations regarding the right to receive consular assistance by the country of origin;

15. Encourages Member States that have not yet done so to enact domestic legislation to combat international trafficking of migrants, which should take into account, in particular, trafficking that endangers the lives of migrants or entails different forms of servitude or exploitation, such as any form of debt bondage, slavery and sexual or labour exploitation, and to strengthen international cooperation to combat such trafficking;

16. Calls upon all States to protect the human rights of migrant children, particularly unaccompanied migrant children, ensuring that the best interests of the children are the paramount consideration, and encourages the relevant United Nations bodies, within the framework of their respective mandates, to pay special attention to the conditions of migrant children in all States and, where necessary, to put forward recommendations to strengthen their protection;

17. Requests the Economic and Social Council to consider the possibility of recommending that the Secretary-General adopt 18 December as "International Migrant's Day";

18. Requests the Special Rapporteur to submit a report on her activities to the Commission at its fifty-seventh session;

19. Requests the Secretary-General to give the Special Rapporteur all necessary human and financial assistance for the fulfilment of her mandate;

20. Decides to examine this question further, as a matter of priority, at its fifty-seventh session under the same agenda item.

62nd meeting
25 April 2000
[Adopted without a vote. ]





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