Resolution adopted by the General Assembly
55/93. Proclamation of 18 December as International Migrants Day
The General Assembly,
Taking note of Economic and Social Council decision 2000/288 of 28 July 2000,
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 forth therein, without distinction of any kind, in particular as to race, colour or national origin,
Taking into account the large and increasing number of migrants in the world,
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,
1. Decides to proclaim 18 December International Migrants Day;
2. Invites Member States, as well as intergovernmental and non-governmental organizations, to observe International Migrants Day, through, inter alia, the dissemination of information on the human rights and fundamental freedoms of migrants, the sharing of experience and the design of actions to ensure their protection;
3. Requests the Secretary-General to bring the present resolution to the attention of all Governments and appropriate intergovernmental and non-governmental organizations.
81st plenary meeting
4 December 2000
On 4 December 2000, the General Assembly, taking into account the large and increasing number of migrants in the world, proclaimed 18 December International Migrants Day (resolution 55/93). On that day, in 1990, the Assembly adopted the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (resolution 45/158).
Member States, intergovernmental and non-governmental organizations are invited to observe International Migrants Day through the dissemination of information on the human rights and fundamental freedoms of migrants, and through the sharing of experiences and the design of actions to ensure their protection.
UN Initiatives on International Migration
The Global Commission on International Migration's recent report: Migration in an interconnected world: New directions for action
Three recent UN initiatives focusing on international migration issues, include the following:
1) The establishment of the independent Global Commission on International Migration to study how to improve cooperation among UN and other international agencies;
2) The adoption of a final draft resolution by the Second Committee of the UN General Assembly deciding that in 2006 the high-level dialogue of the General Assembly will be devoted to international migration and development; and
3) The establishment of the Geneva Migration Group by the International Organisation on Migration, bringing together the heads of four UN agencies.
1) The Global Commission on International Migration The independent Global Commission on International Migration has been established to study how to improve cooperation among UN and other international agencies, and aims to provide a comprehensive response to migration issues, backed by about a dozen governments and jointly headed by Sweden and Switzerland.
The Commission is co-chaired by Sweden's former Minister for Development Cooperation, Migration and Asylum Policy Jan O. Karlsson, and World Bank Managing Director Mamphela Ramphele, a South African. Other members are Australia, Brazil, Canada, Egypt, Italy, Mexico the Philippines and Switzerland.
The Commission's tasks include analyzing shortcomings in current approaches to migration and examining inter-linkages with other issues -- and presenting recommendations to stakeholders. The Commission will begin its work in January 2004, and will issue a final report to the UN Secretary-General in mid-2005. Ms. Ramphele stated that "the Commission hopes to reinforce the importance of migration on the international agenda and advance the interests of migrants and countries of origin, transit, and destination."
The UN Secretary-General supports the initiative, and endorsed it in a speech at Columbia University on 21 November, in which he stated, "It has my full backing, and I hope it will receive support from states in all parts of the world. Most of all, I hope it will help us approach this issue creatively and cooperatively." He added that "we still lack a comprehensive institutional focus at the international level that could protect the rights of migrants and promote the shared interest of emigration, immigration and transit."
According to a senior UN official, the idea for the Commission came from a core of 11 countries from the North and South, led by Sweden and Switzerland. The panel will be launched this month in Geneva, and is expected to begin work in January 2004 and complete its final report by the middle of 2005. The official said the Commission would have a three-part mandate: to bring the issues surrounding international migration to the top of the global agenda, to analyze shortcomings and gaps in approaches by governments or other bodies to migration, and to make practical recommendations for how to manage migration better.
2) The high-level dialogue of the General Assembly devoted to international migration and development in 2006. The Second Committee (Economic and Financial) of the General Assembly has agreed on a resolution (A/C.2/58/L.77) to be formally adopted by the General Assembly on 23 December, which decides that in 2006 the high-level dialogue of the General Assembly will be devoted to international migration and development. The purpose of the dialogue is to discuss the miltidimensional aspects of international migration and development in order to identify appropriate ways and means to maximize its development benefits and minimize its negative impacts. The resolution also calls for the Secretary-General to submit a report to the General Assembly at its fifty-ninth session (2004) on, among other things, best practices on managed migration, a review of major initiatives of Member States; and possible action-oriented options for the consideration of the General Assembly. The full resolution can be found by clicking HERE.
3) The Geneva Migration Group The International Organisation for Migration, an intergovernmental body with more than 100 member states, has created an informal group, the Geneva Migration Group, which brings together the heads of several major UN agencies (ILO, UNCTAD, UNHCR, UNHCHR, UNODC), to discuss ways of managing migration and share information about population movements, and facilitate policy discussion on issues which impact upon a broad spectrum of organizations, whose work affects or is affected by international population flows and which require intensified collaboration.
Working Far From Home – Migration and Discrimination
Al Hussein is 19. He is struggling to stay seated on top of a huge truck crossing the desert. He has been riding like that for hours, breathing dust, in an unbearable heat. He has left his home, his twin brother, and the rest of his family down South. Beyond the desert lies the sea, and maybe, if he is lucky a boat to Europe where he hopes to get a job, to start a new life, and to send money to his village.
Al Hussein is hardly alone in his perilous trek. Some 150 million men, women and even children, about three percent of the world's population, are outside their country of origin coming as strangers to the country where they reside. There is no continent, no region of the world which has no migrants within its boundaries. Every country has become a country of origin, transit or destination of migrants. Many are all three. More than half of international migrants live in developing countries. According to the International Organization for Migration, the largest numbers of international migrants are located in Asia; Europe and North America have about equal numbers followed by Africa, Latin America, and Oceania with progressively fewer numbers.
The International Labour Organisation (ILO) estimates that up to 80 million of these are migrant workers. In 1997, ILO estimated that the number of migrant workers was as follows: Africa, 20 Million; North America, 17 million; Central and South America 12 million; Asia 7 million; the Middle East (Arab countries), 9 million, and Europe 30 million.
Migration is hardly a recent or localised phenomenon.
Women and men have been leaving their homelands in search of a better job and a life elsewhere since payment in return for labour was introduced. People also leave their own countries because of civil conflicts and insecurity or persecution. However, in this globalised world, we are witnessing an unprecedently high labour mobility and an increasing pressure of migration. Gareth Howell, International Labour Organization representative to the United Nations, points out that "the increasing restrictions on immigration leads to increased trafficking of migrants often with tragic personal consequences."
Women and children account for more than half of the refugees and internally displaced persons, and their proportion is increasing in the case of other categories of migrants. 96 per cent of children who work and sleep in the street are migrants about half of them girls aged between 8 and 14.
Migrants are a particularly vulnerable group and see their rights routinely violated, not only as workers, but as human beings. They commonly face discrimination and xenophobic hostility. According to the International Organization for migration (IOM) migrants "are more and more targeted as the scapegoats for all manner of domestic problems facing societies today, particularly unemployment, crime, drugs, even terrorism." As noted by Ms Gabriela Rodriguez Pizarro, United Nations Special Rapporteur on the human rights of migrants "This is especially true in the case of the many migrants who are undocumented or in an irregular situation, including the victims of trafficking in persons, who are the most vulnerable to human rights violations." According to the UN, between 300,000 and 600,000 women are smuggled each year into the European Union and certain Central European countries. The problem is also widespread in Africa and Latin America.
Ms Rodriguez Pizarro says in her report to the UN Commission on Human Rights, "people whose colour, physical appearances, dress, accent or religion are different from those of the majority in the host country are often subjected to physical violence and other violations of their rights, independently of their legal status." She adds: " A sense of alienation is part of being a migrant."
Her report notes that in the last decade, there has been an alarming upsurge in intolerance, discrimination, racism and xenophobia in the form of outright violence against migrants in practically every region of the world. The report notes that racism may be aggravated by inequitable distribution of wealth, marginalisation and social exclusion. New communication technologies, including the Internet are being used to disseminate racist and xenophobic propaganda against migrants. The report also stresses the double marginalisation of migrant women who may easily find themselves in situations in which they are vulnerable to violence and abuse, both at home and at work. The exchange of sexual favours for permission to transit, which is common practice on some borders, is also a form of gender-based abuse to which migrant women are often subjected. Women migrant workers dominate the informal sector of most countries, working as domestic, industrial or agricultural labour or in the service sector.
At the World Economic Forum meeting in Davos in January 2001, Mary Robinson, High Commissioner for Human Rights and Secretary-General of the World Conference against Racism, racial discrimination, xenophobia and related intolerance, warned business leaders that "workplace discrimination continues to be a serious concern worldwide." She said: "Studies show that racial discrimination in the workplace can have serious effects on minorities and migrant workers and on the future development and careers of their children. Employees who are victimized on the basis of their race, colour, nationality, descent or ethnicity suffer stress, anger and fatigue which eventually can detract from the quality of work." She had also recently expressed concern at "the harsh treatment meted towards the children and the families of migrants, the incidence of fear and dislike of foreigners reflected in both the private and public sectors, and the treatment of trafficked persons as criminals for their irregular residence over which they have no control."
In Palermo, Italy, in December 2000, over a hundred countries signed the Convention against transnational organized crime and its accompanying protocols on trafficking women and children and smuggling of migrants. However, although 16 countries have already ratified the 1990 International Convention on the protection of migrants rights, it still needs the commitment of four governments to enter into force. Mary Robinson has made a strong appeal to governments "to ratify the Convention as soon as possible so that its protective regime can be brought to bear upon the million of migrant workers in different parts of the world." She said: "High unemployment rates among immigrants are aggravated by prejudice on the part of employers against immigrants. This impedes upward mobility and diminishes the capacity of their children to advance economically in adult life."
At a seminar held in Bangkok in October 2000 in preparation of the upcoming World Conference against Racism, racial discrimination, xenophobia and related intolerance, experts noted that immigration by people who are seen as being strongly different creates a tension between demand for labour and perceived erosion of the integrity of local culture. One expert said "the elimination of prejudice towards the outsider in the society is going to be a much more difficult and long-term problem to resolve than legal and institutional forms of discrimination." They all agreed on the need for educational programmes at both ends of the immigration process to result in the appreciation of diversity and the development of tolerance. The Seminar also noted with concern the vulnerability of a new subgroup of migrant children whose numbers are increasing. These are the children of migrant women who have been raped, children of mixed parentage and children of migrants born in the destination/host country. These children are subjected to racial discrimination and are often stigmatized not only in host countries but also in their home communities and countries.
In 2000, the United Nations General Assembly marked for the first time 18 December as "International Migrant Day" in the hope that this will help to recognize the contribution of migrants in the advancement of their host and home countries economies.
Recent estimates by the International Monetary Fund calculate that migrant workers' earning s sent back to home countries accounted for 77 billion dollars in 1997, second only to world petroleum exports in international trade monetary flows.
The World Conference against Racism, Racial Discrimination, Xenophobia and related intolerance is scheduled to be held in Durban, South Africa from 31 August to 7 September 2001.
Special Rapporteur on the human rights of migrants
Introduction
The mandate of the Special Rapporteur on the Human Rights of Migrants was created in 1999 by the Commission on Human Rights, pursuant to resolution 1999/44 . The mandate was extended for a further three years by the Commission on Human Rights in 2005, at its 62nd session (Res. 2005/47).
The Commission requested the Special Rapporteur to “examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, including obstacles and difficulties for the return of migrants who are undocumented or in an irregular situation”. The mandate of the Special Rapporteur covers all countries, irrespective of whether a State has ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, of 18 December 1990.
The Special Rapporteur does not require the exhaustion of domestic remedies to act. When the facts in question come within the scope of more than one mandate established by the Commission, the Special Rapporteur may decide to approach other thematic mechanisms and country Rapporteurs with a view to sending joint communications or seeking joint missions.
The main functions of the Special Rapporteur are:
(a) To request and receive information from all relevant sources, including migrants themselves, on violations of the human rights of migrants and their families;
(b) To formulate appropriate recommendations to prevent and remedy violations of the human rights of migrants, wherever they may occur;
(c) To promote the effective application of relevant international norms and standards on the issue;
(d) To recommend actions and measures applicable at the national, regional and international levels to eliminate violations of the human rights of migrants;
(e) To take into account a gender perspective when requesting and analyzing information, as well as to give special attention to the occurrence of multiple discrimination and violence against migrant women;
In the discharge of these functions:
(a) The Special Rapporteur acts on information submitted to him regarding alleged violations of the human rights of migrants by sending urgent appeals and communications to concerned Governments to clarify and/or bring to their attention these cases. See Communications.
(b) The Special Rapporteur conducts country visits (also called fact-finding missions) upon the invitation of the Government, in order to examine the state of protection of the human rights of migrants in the given country. The Special Rapporteur submits a report of the visit to the Human Rights Council, presenting his findings, conclusions and recommendations. See Country Visits.
(c) The Special Rapporteur participates in conferences, seminars and panels on issues relating to the human rights of migrants.
(d) Annually, the Special Rapporteur, reports to the Human Rights Council about the global state of protection of migrants’ human rights, his main concerns and the good practices he has observed. In his report, the Special Rapporteur informs the Council of all the communications he has sent and the replies received from Governments. Furthermore, the Special Rapporteur formulates specific recommendations with a view to enhancing the protection of the human rights of migrants. Upon request of the Human Rights Council the Special Rapporteur may also present reports to the General Assembly. See Annual Reports.
Special Rapporteurs :
Mr. Jorge.A. Bustamante (Mexico), August 2005-present (Res. 2005/47)
Ms. Gabriela Rodríguez Pizarro (Costa Rica), 1999-2005
Committee on Migrant Workers
Monitoring the protection of the rights of all migrant workers and members of their families
The Committee on the Protection of the Rights of All Migrant Workers and Members of their Families (CMW) is the body of independent experts that monitors implementation of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families by its State parties. It is the newest treaty body which held its first session in March 2004.
All States parties are obliged to submit regular reports to the Committee on how the rights are being implemented. States must report initially one year after acceding to the Convention and then every five years.
The Committee will examine each report and address its concerns and recommendations to the State party in the form of “concluding observations”.
The Committee will also, under certain circumstance, be able to consider individual complaints or communications from individuals claiming that their rights under the Convention have been violated once 10 States parties have accepted this procedure in accordance with article 77 of the Convention.
The Committee meets in Geneva and normally holds one session per year. The Committee will also publish its interpretation of the content of human rights provisions, known as general comments on thematic issues.
Protocol against the Smuggling of Migrants by Land, Sea and Air,
supplementing the United Nations Convention against Transnational Organized Crime
Adopted and opened for signature, ratification and accession
by General Assembly resolution 55/25 of 15 November 2000 (not in force)
Preamble
The States Parties to this Protocol ,
Declaring that effective action to prevent and combat the smuggling of migrants by land, sea and air requires a comprehensive international approach, including cooperation, the exchange of information and other appropriate measures, including socio-economic measures, at the national, regional and international levels,
Recalling General Assembly resolution 54/212 of 22 December 1999, in which the Assembly urged Member States and the United Nations system to strengthen international cooperation in the area of international migration and development in order to address the root causes of migration, especially those related to poverty, and to maximize the benefits of international migration to those concerned, and encouraged, where relevant, interregional, regional and subregional mechanisms to continue to address the question of migration and development,
Convinced of the need to provide migrants with humane treatment and full protection of their rights,
Taking into account the fact that, despite work undertaken in other international forums, there is no universal instrument that addresses all aspects of smuggling of migrants and other related issues,
Concerned at the significant increase in the activities of organized criminal groups in smuggling of migrants and other related criminal activities set forth in this Protocol, which bring great harm to the States concerned,
Also concerned that the smuggling of migrants can endanger the lives or security of the migrants involved,
Recalling General Assembly resolution 53/111 of 9 December 1998, in which the Assembly decided to establish an open-ended intergovernmental ad hoc committee for the purpose of elaborating a comprehensive international convention against transnational organized crime and of discussing the elaboration of, inter alia, an international instrument addressing illegal trafficking in and transporting of migrants, including by sea,
Convinced that supplementing the United Nations Convention against Transnational Organized Crime with an international instrument against the smuggling of migrants by land, sea and air will be useful in preventing and combating that crime,
Have agreed as follows :
I. General provisions
Article 1
Relation with the United Nations Convention against Transnational Organized Crime
1. This Protocol supplements the United Nations Convention against Transnational Organized Crime. It shall be interpreted together with the Convention.
2. The provisions of the Convention shall apply, mutatis mutandis, to this Protocol unless otherwise provided herein.
3. The offences established in accordance with article 6 of this Protocol shall be regarded as offences established in accordance with the Convention.
Article 2
Statement of purpose
The purpose of this Protocol is to prevent and combat the smuggling of migrants, as well as to promote cooperation among States Parties to that end, while protecting the rights of smuggled migrants.
Article 3
Use of terms For the purposes of this Protocol:
( a ) "Smuggling of migrants" shall mean the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the illegal entry of a person into a State Party of which the person is not a national or a permanent resident;
( b ) "Illegal entry" shall mean crossing borders without complying with the necessary requirements for legal entry into the receiving State;
( c ) "Fraudulent travel or identity document" shall mean any travel or identity document:
(i) That has been falsely made or altered in some material way by anyone other than a person or agency lawfully authorized to make or issue the travel or identity document on behalf of a State; or
(ii) That has been improperly issued or obtained through misrepresentation, corruption or duress or in any other unlawful manner; or
(iii) That is being used by a person other than the rightful holder;
( d ) "Vessel" shall mean any type of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on water, except a warship, naval auxiliary or other vessel owned or operated by a Government and used, for the time being, only on government non-commercial service. Article 4 Scope of application This Protocol shall apply, except as otherwise stated herein, to the prevention, investigation and prosecution of the offences established in accordance with article 6 of this Protocol, where the offences are transnational in nature and involve an organized criminal group, as well as to the protection of the rights of persons who have been the object of such offences.
Article 5
Criminal liability of migrants Migrants shall not become liable to criminal prosecution under this Protocol for the fact of having been the object of conduct set forth in article 6 of this Protocol.
Article 6
Criminalization
1. Each State Party shall adopt such legislative and other measures as may be necessary to establish as criminal offences, when committed intentionally and in order to obtain, directly or indirectly, a financial or other material benefit:
( a ) The smuggling of migrants;
( b ) When committed for the purpose of enabling the smuggling of migrants:
(i) Producing a fraudulent travel or identity document;
(ii) Procuring, providing or possessing such a document;
( c ) Enabling a person who is not a national or a permanent resident to remain in the State concerned without complying with the necessary requirements for legally remaining in the State by the means mentioned in subparagraph ( b ) of this paragraph or any other illegal means.
2. Each State Party shall also adopt such legislative and other measures as may be necessary to establish as criminal offences:
( a ) Subject to the basic concepts of its legal system, attempting to commit an offence established in accordance with paragraph 1 of this article;
( b ) Participating as an accomplice in an offence established in accordance with paragraph 1 ( a ), ( b ) (i) or ( c ) of this article and, subject to the basic concepts of its legal system, participating as an accomplice in an offence established in accordance with paragraph 1 (b) (ii) of this article;
( c ) Organizing or directing other persons to commit an offence established in accordance with paragraph 1 of this article.
3. Each State Party shall adopt such legislative and other measures as may be necessary to establish as aggravating circumstances to the offences established in accordance with paragraph 1 ( a ), ( b ) (i) and ( c ) of this article and, subject to the basic concepts of its legal system, to the offences established in accordance with paragraph 2 ( b ) and ( c ) of this article, circumstances:
( a ) That endanger, or are likely to endanger, the lives or safety of the migrants concerned; or
( b ) That entail inhuman or degrading treatment, including for exploitation, of such migrants.
4. Nothing in this Protocol shall prevent a State Party from taking measures against a person whose conduct constitutes an offence under its domestic law.
II. Smuggling of migrants by sea
Article 7
Cooperation
States Parties shall cooperate to the fullest extent possible to prevent and suppress the smuggling of migrants by sea, in accordance with the international law of the sea.
Article 8
Measures against the smuggling of migrants by sea
1. A State Party that has reasonable grounds to suspect that a vessel that is flying its flag or claiming its registry, that is without nationality or that, though flying a foreign flag or refusing to show a flag, is in reality of the nationality of the State Party concerned is engaged in the smuggling of migrants by sea may request the assistance of other States Parties in suppressing the use of the vessel for that purpose. The States Parties so requested shall render such assistance to the extent possible within their means.
2. A State Party that has reasonable grounds to suspect that a vessel exercising freedom of navigation in accordance with international law and flying the flag or displaying the marks of registry of another State Party is engaged in the smuggling of migrants by sea may so notify the flag State, request confirmation of registry and, if confirmed, request authorization from the flag State to take appropriate measures with regard to that vessel. The flag State may authorize the requesting State, inter alia:
( a ) To board the vessel;
( b ) To search the vessel; and
( c ) If evidence is found that the vessel is engaged in the smuggling of migrants by sea, to take appropriate measures with respect to the vessel and persons and cargo on board, as authorized by the flag State.
3. A State Party that has taken any measure in accordance with paragraph 2 of this article shall promptly inform the flag State concerned of the results of that measure.
4. A State Party shall respond expeditiously to a request from another State Party to determine whether a vessel that is claiming its registry or flying its flag is entitled to do so and to a request for authorization made in accordance with paragraph 2 of this article.
5. A flag State may, consistent with article 7 of this Protocol, subject its authorization to conditions to be agreed by it and the requesting State, including conditions relating to responsibility and the extent of effective measures to be taken. A State Party shall take no additional measures without the express authorization of the flag State, except those necessary to relieve imminent danger to the lives of persons or those which derive from relevant bilateral or multilateral agreements.
6. Each State Party shall designate an authority or, where necessary, authorities to receive and respond to requests for assistance, for confirmation of registry or of the right of a vessel to fly its flag and for authorization to take appropriate measures. Such designation shall be notified through the Secretary-General to all other States Parties within one month of the designation.
7. A State Party that has reasonable grounds to suspect that a vessel is engaged in the smuggling of migrants by sea and is without nationality or may be assimilated to a vessel without nationality may board and search the vessel. If evidence confirming the suspicion is found, that State Party shall take appropriate measures in accordance with relevant domestic and international law.
Article 9
Safeguard clauses
1. Where a State Party takes measures against a vessel in accordance with article 8 of this Protocol, it shall:
( a ) Ensure the safety and humane treatment of the persons on board;
( b ) Take due account of the need not to endanger the security of the vessel or its cargo;
( c ) Take due account of the need not to prejudice the commercial or legal interests of the flag State or any other interested State;
( d ) Ensure, within available means, that any measure taken with regard to the vessel is environmentally sound.
2. Where the grounds for measures taken pursuant to article 8 of this Protocol prove to be unfounded, the vessel shall be compensated for any loss or damage that may have been sustained, provided that the vessel has not committed any act justifying the measures taken.
3. Any measure taken, adopted or implemented in accordance with this chapter shall take due account of the need not to interfere with or to affect:
( a ) The rights and obligations and the exercise of jurisdiction of coastal States in accordance with the international law of the sea; or
( b ) The authority of the flag State to exercise jurisdiction and control in administrative, technical and social matters involving the vessel.
4. Any measure taken at sea pursuant to this chapter shall be carried out only by warships or military aircraft, or by other ships or aircraft clearly marked and identifiable as being on government service and authorized to that effect. III. Prevention, cooperation and other measures
Article 10
Information
1. Without prejudice to articles 27 and 28 of the Convention, States Parties, in particular those with common borders or located on routes along which migrants are smuggled, shall, for the purpose of achieving the objectives of this Protocol, exchange among themselves, consistent with their respective domestic legal and administrative systems, relevant information on matters such as:
( a ) Embarkation and destination points, as well as routes, carriers and means of transportation, known to be or suspected of being used by an organized criminal group engaged in conduct set forth in article 6 of this Protocol;
( b ) The identity and methods of organizations or organized criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol;
( c ) The authenticity and proper form of travel documents issued by a State Party and the theft or related misuse of blank travel or identity documents;
( d ) Means and methods of concealment and transportation of persons, the unlawful alteration, reproduction or acquisition or other misuse of travel or identity documents used in conduct set forth in article 6 of this Protocol and ways of detecting them;
( e ) Legislative experiences and practices and measures to prevent and combat the conduct set forth in article 6 of this Protocol; and
( f ) Scientific and technological information useful to law enforcement, so as to enhance each other's ability to prevent, detect and investigate the conduct set forth in article 6 of this Protocol and to prosecute those involved.
2. A State Party that receives information shall comply with any request by the State Party that transmitted the information that places restrictions on its use.
Article 11
Border measures
1. Without prejudice to international commitments in relation to the free movement of people, States Parties shall strengthen, to the extent possible, such border controls as may be necessary to prevent and detect the smuggling of migrants.
2. Each State Party shall adopt legislative or other appropriate measures to prevent, to the extent possible, means of transport operated by commercial carriers from being used in the commission of the offence established in accordance with article 6, paragraph 1 ( a ), of this Protocol.
3. Where appropriate, and without prejudice to applicable international conventions, such measures shall include establishing the obligation of commercial carriers, including any transportation company or the owner or operator of any means of transport, to ascertain that all passengers are in possession of the travel documents required for entry into the receiving State.
4. Each State Party shall take the necessary measures, in accordance with its domestic law, to provide for sanctions in cases of violation of the obligation set forth in paragraph 3 of this article.
5. Each State Party shall consider taking measures that permit, in accordance with its domestic law, the denial of entry or revocation of visas of persons implicated in the commission of offences established in accordance with this Protocol. 6. Without prejudice to article 27 of the Convention, States Parties shall consider strengthening cooperation among border control agencies by, inter alia, establishing and maintaining direct channels of communication.
Article 12
Security and control of documents
Each State Party shall take such measures as may be necessary, within available means:
( a ) To ensure that travel or identity documents issued by it are of such quality that they cannot easily be misused and cannot readily be falsified or unlawfully altered, replicated or issued; and
( b ) To ensure the integrity and security of travel or identity documents issued by or on behalf of the State Party and to prevent their unlawful creation, issuance and use.
Article 13
Legitimacy and validity of documents
At the request of another State Party, a State Party shall, in accordance with its domestic law, verify within a reasonable time the legitimacy and validity of travel or identity documents issued or purported to have been issued in its name and suspected of being used for purposes of conduct set forth in article 6 of this Protocol.
Article 14
Training and technical cooperation
1. States Parties shall provide or strengthen specialized training for immigration and other relevant officials in preventing the conduct set forth in article 6 of this Protocol and in the humane treatment of migrants who have been the object of such conduct, while respecting their rights as set forth in this Protocol.
2. States Parties shall cooperate with each other and with competent international organizations, non-governmental organizations, other relevant organizations and other elements of civil society as appropriate to ensure that there is adequate personnel training in their territories to prevent, combat and eradicate the conduct set forth in article 6 of this Protocol and to protect the rights of migrants who have been the object of such conduct. Such training shall include:
( a ) Improving the security and quality of travel documents;
( b ) Recognizing and detecting fraudulent travel or identity documents;
( c ) Gathering criminal intelligence, relating in particular to the identification of organized criminal groups known to be or suspected of being engaged in conduct set forth in article 6 of this Protocol, the methods used to transport smuggled migrants, the misuse of travel or identity documents for purposes of conduct set forth in article 6 and the means of concealment used in the smuggling of migrants;
( d ) Improving procedures for detecting smuggled persons at conventional and non-conventional points of entry and exit; and
( e ) The humane treatment of migrants and the protection of their rights as set forth in this Protocol.
3. States Parties with relevant expertise shall consider providing technical assistance to States that are frequently countries of origin or transit for persons who have been the object of conduct set forth in article 6 of this Protocol. States Parties shall make every effort to provide the necessary resources, such as vehicles, computer systems and document readers, to combat the conduct set forth in article 6.
Article 15
Other prevention measures
1. Each State Party shall take measures to ensure that it provides or strengthens information programmes to increase public awareness of the fact that the conduct set forth in article 6 of this Protocol is a criminal activity frequently perpetrated by organized criminal groups for profit and that it poses serious risks to the migrants concerned.
2. In accordance with article 31 of the Convention, States Parties shall cooperate in the field of public information for the purpose of preventing potential migrants from falling victim to organized criminal groups.
3. Each State Party shall promote or strengthen, as appropriate, development programmes and cooperation at the national, regional and international levels, taking into account the socio-economic realities of migration and paying special attention to economically and socially depressed areas, in order to combat the root socio-economic causes of the smuggling of migrants, such as poverty and underdevelopment.
Article 16
Protection and assistance measures
1. In implementing this Protocol, each State Party shall take, consistent with its obligations under international law, all appropriate measures, including legislation if necessary, to preserve and protect the rights of persons who have been the object of conduct set forth in article 6 of this Protocol as accorded under applicable international law, in particular the right to life and the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
2. Each State Party shall take appropriate measures to afford migrants appropriate protection against violence that may be inflicted upon them, whether by individuals or groups, by reason of being the object of conduct set forth in article 6 of this Protocol.
3. Each State Party shall afford appropriate assistance to migrants whose lives or safety are endangered by reason of being the object of conduct set forth in article 6 of this Protocol.
4. In applying the provisions of this article, States Parties shall take into account the special needs of women and children.
5. In the case of the detention of a person who has been the object of conduct set forth in article 6 of this Protocol, each State Party shall comply with its obligations under the Vienna Convention on Consular Relations, where applicable, including that of informing the person concerned without delay about the provisions concerning notification to and communication with consular officers.
Article 17
Agreements and arrangements States Parties shall consider the conclusion of bilateral or regional agreements or operational arrangements or understandings aimed at:
( a ) Establishing the most appropriate and effective measures to prevent and combat the conduct set forth in article 6 of this Protocol; or
( b ) Enhancing the provisions of this Protocol among themselves.
Article 18
Return of smuggled migrants
1. Each State Party agrees to facilitate and accept, without undue or unreasonable delay, the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who is its national or who has the right of permanent residence in its territory at the time of return.
2. Each State Party shall consider the possibility of facilitating and accepting the return of a person who has been the object of conduct set forth in article 6 of this Protocol and who had the right of permanent residence in its territory at the time of entry into the receiving State in accordance with its domestic law.
3. At the request of the receiving State Party, a requested State Party shall, without undue or unreasonable delay, verify whether a person who has been the object of conduct set forth in article 6 of this Protocol is its national or has the right of permanent residence in its territory.
4. In order to facilitate the return of a person who has been the object of conduct set forth in article 6 of this Protocol and is without proper documentation, the State Party of which that person is a national or in which he or she has the right of permanent residence shall agree to issue, at the request of the receiving State Party, such travel documents or other authorization as may be necessary to enable the person to travel to and re-enter its territory.
5. Each State Party involved with the return of a person who has been the object of conduct set forth in article 6 of this Protocol shall take all appropriate measures to carry out the return in an orderly manner and with due regard for the safety and dignity of the person.
6. States Parties may cooperate with relevant international organizations in the implementation of this article.
7. This article shall be without prejudice to any right afforded to persons who have been the object of conduct set forth in article 6 of this Protocol by any domestic law of the receiving State Party.
8. This article shall not affect the obligations entered into under any other applicable treaty, bilateral or multilateral, or any other applicable operational agreement or arrangement that governs, in whole or in part, the return of persons who have been the object of conduct set forth in article 6 of this Protocol. IV. Final provisions
Article 19
Saving clause
1. Nothing in this Protocol shall affect the other rights, obligations and responsibilities of States and individuals under international law, including international humanitarian law and international human rights law and, in particular, where applicable, the 1951 Convention and the 1967 Protocol relating to the Status of Refugees and the principle of non-refoulement as contained therein.
2. The measures set forth in this Protocol shall be interpreted and applied in a way that is not discriminatory to persons on the ground that they are the object of conduct set forth in article 6 of this Protocol. The interpretation and application of those measures shall be consistent with internationally recognized principles of non-discrimination.
Article 20
Settlement of disputes
1. States Parties shall endeavour to settle disputes concerning the interpretation or application of this Protocol through negotiation.
2. Any dispute between two or more States Parties concerning the interpretation or application of this Protocol that cannot be settled through negotiation within a reasonable time shall, at the request of one of those States Parties, be submitted to arbitration. If, six months after the date of the request for arbitration, those States Parties are unable to agree on the organization of the arbitration, any one of those States Parties may refer the dispute to the International Court of Justice by request in accordance with the Statute of the Court.
3. Each State Party may, at the time of signature, ratification, acceptance or approval of or accession to this Protocol, declare that it does not consider itself bound by paragraph 2 of this article. The other States Parties shall not be bound by paragraph 2 of this article with respect to any State Party that has made such a reservation.
4. Any State Party that has made a reservation in accordance with paragraph 3 of this article may at any time withdraw that reservation by notification to the Secretary-General of the United Nations.
Article 21
Signature, ratification, acceptance, approval and accession
1. This Protocol shall be open to all States for signature from 12 to 15 December 2000 in Palermo, Italy, and thereafter at United Nations Headquarters in New York until 12 December 2002.
2. This Protocol shall also be open for signature by regional economic integration organizations provided that at least one member State of such organization has signed this Protocol in accordance with paragraph 1 of this article.
3. This Protocol is subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary-General of the United Nations. A regional economic integration organization may deposit its instrument of ratification, acceptance or approval if at least one of its member States has done likewise. In that instrument of ratification, acceptance or approval, such organization shall declare the extent of its competence with respect to the matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
4. This Protocol is open for accession by any State or any regional economic integration organization of which at least one member State is a Party to this Protocol. Instruments of accession shall be deposited with the Secretary-General of the United Nations. At the time of its accession, a regional economic integration organization shall declare the extent of its competence with respect to matters governed by this Protocol. Such organization shall also inform the depositary of any relevant modification in the extent of its competence.
Article 22
Entry into force
1. This Protocol shall enter into force on the ninetieth day after the date of deposit of the fortieth instrument of ratification, acceptance, approval or accession, except that it shall not enter into force before the entry into force of the Convention. For the purpose of this paragraph, any instrument deposited by a regional economic integration organization shall not be counted as additional to those deposited by member States of such organization.
2. For each State or regional economic integration organization ratifying, accepting, approving or acceding to this Protocol after the deposit of the fortieth instrument of such action, this Protocol shall enter into force on the thirtieth day after the date of deposit by such State or organization of the relevant instrument or on the date this Protocol enters into force pursuant to paragraph 1 of this article, whichever is the later.
Article 23
Amendment
1. After the expiry of five years from the entry into force of this Protocol, a State Party to the Protocol may propose an amendment and file it with the Secretary-General of the United Nations, who shall thereupon communicate the proposed amendment to the States Parties and to the Conference of the Parties to the Convention for the purpose of considering and deciding on the proposal. The States Parties to this Protocol meeting at the Conference of the Parties shall make every effort to achieve consensus on each amendment. If all efforts at consensus have been exhausted and no agreement has been reached, the amendment shall, as a last resort, require for its adoption a two-thirds majority vote of the States Parties to this Protocol present and voting at the meeting of the Conference of the Parties.
2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote under this article with a number of votes equal to the number of their member States that are Parties to this Protocol. Such organizations shall not exercise their right to vote if their member States exercise theirs and vice versa.
3. An amendment adopted in accordance with paragraph 1 of this article is subject to ratification, acceptance or approval by States Parties.
4. An amendment adopted in accordance with paragraph 1 of this article shall enter into force in respect of a State Party ninety days after the date of the deposit with the Secretary-General of the United Nations of an instrument of ratification, acceptance or approval of such amendment.
5. When an amendment enters into force, it shall be binding on those States Parties which have expressed their consent to be bound by it. Other States Parties shall still be bound by the provisions of this Protocol and any earlier amendments that they have ratified, accepted or approved.
Article 24
Denunciation
1. A State Party may denounce this Protocol by written notification to the Secretary-General of the United Nations. Such denunciation shall become effective one year after the date of receipt of the notification by the Secretary-General.
2. A regional economic integration organization shall cease to be a Party to this Protocol when all of its member States have denounced it.
Article 25
Depositary and languages
1. The Secretary-General of the United Nations is designated depositary of this Protocol.
2. The original of this Protocol, of which the Arabic, Chinese, English, French, Russian and Spanish texts are equally authentic, shall be deposited with the Secretary-General of the United Nations.
In witness whereof, the undersigned plenipotentiaries, being duly authorized thereto by their respective Governments, have signed this Protocol.
Global Migration Group
The Global Migration Group Introduction The Global Migration Group (GMG) is an inter-agency group bringing together heads of agencies which seeks to promote the wider application of all relevant international and regional instruments and norms relating to migration, and to encourage the adoption of more coherent, comprehensive and better coordinated approaches to the issue of international migration. The GMG is particularly concerned to improve the overall effectiveness of its members and other stakeholders in captializing upon the opportunities and responding to the challenges presented by international migration.
This information note provides an overview of the GMG, its membership and Terms of Reference. The note summarizes the issues which are of current interest to the GMG and provides a short summary of the work undertaken by each GMG member in the field of international migration.
History
The GMG was established by the United Nations Secretary-General in early 2006 in response to a recommendation of the Global Commission on International Migration for the establishment of a high-level inter-institutional group of agencies involved in migration-related activities. The GMG was created by building on an existing inter-agency group with a more limited membership, the Geneva Migration Group, which was established in April 2003.
The GMG meets at regular intervals. The Chair is held on a rotating basis by the executive heads of its member organizations. The first meeting of the GMG took place on 9 May 2006 and was chaired by Secretary General of UNCTAD. All GMG members have contributed actively to preparations for the 2006 General Assembly High-level Dialogue on International Migration and Development.
Membership
The GMG consists of 10 organizations that are actively involved in international migration and related issues:
International Labour Organization ( ILO )
International Organization for Migration ( IOM )
United Nations Conference on Trade and Development ( UNCTAD )
United Nations Development Programme ( UNDP )
United Nations Department of Economic and Social Affairs ( UNDESA )
United Nations Population Fund ( UNFPA )
Office of the United Nations High Commissioner for Human Rights ( OHCHR )
Office of the United Nations High Commissioner for Refugees ( UNHCR )
United Nations Office on Drugs and Crime ( UNODC )
World Bank
Terms of Reference
According to its Terms of Reference, the GMG's regular consultations are undertaken for the following purposes.
• Establishing a comprehensive and coherent approach in the overall institutional response to international migration.
• Providing direction and leadership in a system-wide context and promoting interest, dialogue and debate on migration-related issues, including trade and development aspects, with governments, employers' and workers' organizations and civil society.
• Contributing to greater consistency in policy formulation and programme implementation.
• Exchanging information and expertise to improve understanding, inter-agency cooperation and collaboration, to promote synergies and avoid duplication.
• Identifying critical issues, opportunities, challenges, weaknesses, gaps and best practices.
• Pooling efforts in and exchanging the results of research, data collection and analysis.
• Developing common positions, responses and actions in addressing specific situations or themes.
• Agreeing on common activities to develop and exchange thematic expertise among staff, especially in the field of capacity building and inter-agency transfers.
• Reinforcing the human rights, labour rights, human security and criminal justice dimensions of migration governance and management, with a focus on the protection and well-being of migrants, including victims of trafficking.
• Contributing to major initiatives of GMG members and the international community such as the 2006 General Assembly High-level Dialogue on International Migration and Development and the follow-up to the report of the Global Commission on International Migration.
• Enhancing the efforts of individual states, regional bodies, regional and global consultative processes in the field of international migration.
• Finding appropriate mechanisms for the GMG to interact with states. Issues of current interest to the GMG The GMG is currently focusing its discussions on a number of specific issues. These include:
• Contributing to preparations for the September 2006 General Assembly High-level Dialogue on International Migration and Development (HLD);
• Ensuring effective follow-up to the HLD;
• Sharing of information, research findings and statistical data, particularly on issues related to migration and development;
• Developing a joint research network on migration and development matters, with particular emphasis on building research capacity in developing countries; and,
• Initiating joint training and capacity-building activities in areas such as migration management, migration law, the human rights of migrants, refugee protection, counter-trafficking, as well as the linkage between migration, trade and development. Migration-related activities of GMG members
ILO
ILO, the UN specialized agency on labour issues, has been dealing with labour migration since 1919. It has pioneered international Conventions to guide migration policy and protection of migrant workers. All major sectors of ILO - standards, employment, social protection and social dialogue - work on labour migration within its overarching framework of 'decent work for all'. ILO adopts a rights-based approach to labour migration and promotes tripartite participation (governments, employers and workers) in migration policy. It provides advisory services to member states, promotes international standards, provides a tripartite forum for consultations, serves as a global knowledge base, and provides technical assistance and capacity-building to constituents. ILO has recently developed a multilateral framework on labour migration to guide its constituents in labour migration policy.
IOM
IOM is dedicated to promoting humane and orderly migration for the benefit of all. IOM acts with its partners to: uphold the human dignity and well-being of migrants; encourage social and economic development through migration; assist in meeting the growing operational challenges of migration management; and advance understanding of migration issues. It does these by using its long experience and world-wide presence to provide a full range of services and advice to governments and migrants, from projects and practical solutions to policy and broad strategic approaches, from data collection, research and analysis to the provision of a forum for states, intergovernmental organizations and civil society to exchange views and experiences and promote cooperation and coordination of efforts on international migration issues.
OHCHR
OHCHR promotes a human rights approach to migration throughout its work. In particular, it supports the mandates of the UN Special Rapporteur on the Human Rights of Migrants and the UN Special Rapporteur on Trafficking and services the Committee on Migrant Workers, the treaty body supervising the compliance with the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. OHCHR also implements a technical cooperation project on Trafficking which is guided by OHCHR's Recommended Principles and Guidelines on Human Rights and Human Trafficking. Issues of migration, development and human rights are further addressed and analyzed, including at the regional and country level, through a variety of other mandates and programmes, such as that of national human rights institutions.
UNCTAD
UNCTAD, the UN focal point for the integrated treatment of trade and development, aims to make migration work for development. Under its three pillars (research/analysis, technical assistance and inter-governmental consensus-building), UNCTAD actively promotes coherence and global understanding, inter alia by addressing asymmetries in global capital and labour markets, and offering strategic policy options on migration, trade and development, including through Expert Meetings and key publications. It has pioneered analytical work and provided technical assistance and training to policy makers and trade negotiators from developing and transition economies on a variety of issues related to the challenges and opportunities of temporary migration, development gains and MDGs; improving the knowledge base, data and information on trends regarding brain-drain and brain circulation; remittances; trade in labour-intensive services; GATS Mode 4 negotiations; skills development and qualification requirements; and RTAs.
UNDESA
The Department of Economic and Social Affairs of the UN Secretariat is the primary source of information on matters related to international migration and development for the General Assembly, ECOSOC and its functional commissions. UNDESA's activities in this area are part of its overall responsibilities for the analysis of development prospects globally, and aim at providing the foundation for the policy debate on maximising the benefits of international migration for development. They include providing objective analyses of the causes and consequences of international migration; compiling, analyzing and disseminating statistics on international migration; working to improve the availability and comparability of those statistics; and, in collaboration with the Regional Commissions, monitoring national and regional policies on international migration.
UNDP
UNDP's aim is to maximize the developmental benefits of migration for poor countries, and mitigate any negative consequences. UNDP country offices provide capacity development support to governments that wish to develop pro-poor, pro-development and human rights-based migration strategies, as part of their broader MDG-based national development strategies. Particular attention is given to the efficiency and use of remittances, retaining key skills, improving the participation of diasporas, strengthening local governance and investment in education. Within the international debate on migration, UNDP advocates for a focus on sustainable human development and protecting the rights of migrants, as well as progress on the GATS Mode 4 negotiations on the temporary movement of labour.
UNFPA
International migration has important implications for demographic dynamics and thus for the core mandate of UNFPA. UNFPA's approach towards policy and programmatic interventions in this area is rights-based and culture and gender sensitive. Among issues of particular concern are the challenges of female migration, including trafficking and smuggling; migration and the spread of diseases such as HIV/AIDS; the provision of basic social services, including reproductive health services, in areas of destination; and protection of the human rights of migrants. UNFPA seeks to improve data, research and institutional capacity for formulating and implementing migration policies and programmes. UNFPA is strongly dedicated to providing directed policy, advocacy and technical support to ensure that international migration is recognized as an important factor in development.
UNHCR
In order to fulfil its mandate to protect refugees and find durable solutions for them, UNHCR is actively involved in a range of activities with a direct bearing on migration. They include contributing to the work of regional fora on migration and asylum; assisting states to address the phenomenon of mixed migratory movements; capacity-building and institutional support relating to asylum; data-collection and analysis on forced migration and secondary movements of refugees; advocacy relating to asylum, statelessness and the phenomenon of internal displacement; provision of assistance for the voluntary repatriation and reintegration of refugees and return of displaced persons; advocacy to encourage the development aid community to recognize and mitigate the development impact of hosting large numbers of refugees or receiving back large number of refugees and displaced persons.
UNODC
UNODC, as custodian of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children as well as the Protocol against the Smuggling of Migrants by Land, Sea and Air, which both supplement the Convention against Transnational Organized Crime, assists governments in their ratification and implementation. UNODC promotes international cooperation among governments, assisting them in implementing comprehensive, multi-disciplinary approaches, with a special focus on criminal justice responses. It provides legal assistance and supports capacity-building for law enforcement, prosecution and the judiciary. Victim support and witness protection are also part of UNODC's work. The implementation of the two Protocols will contribute to the reduction of irregular migration and related criminal activities.
World Bank
The World Bank's engagement on international migration focuses on the development impact of migration and remittances for developing countries. The focus to date has been largely on generating reliable data and deepening existing knowledge on the potential benefits and costs of migration at both the household and aggregate level. This work has lead to a number of important global and regional reports and has improved the availability and quality of data on priority issues. Operational work to date has focused on reducing the costs of remittances and better channelling of these resources; enhancing the portability of pensions and strengthening the protection of migrant workers. The World Bank has also been actively engaged in the attempt to gain global policy coherence in the area of international migration by means of improved partnerships and coordination.
1 September 2006
Global Migration Group
"Migrant workers are an asset to every country where they bring their labour. Let us give them the dignity they deserve as human beings and the respect they deserve as workers" - Juan Somavia, Director General of the ILO.
The ILO is the only United Nations agency with a constitutional mandate to protect migrant workers, and this mandate has been re-affirmed by the 1944 Declaration of Philadelphia and the 1998 ILO Declaration on Fundamental Principles and Rights at Work. It has been dealing with labour migration issues since its inception in 1919. It has pioneered international Conventions to guide migration policy and protection of migrant workers. All major sectors of the ILO - standards, employment, social protection and social dialogue - work on labour migration within its overarching framework of "decent work for all". ILO adopts a rights-based approach to labour migration and promotes tripartite participation (governments, employers and workers) in migration policy.
International Migration and Multicultural Policies
The overall aim of UNESCO's programme on International Migration is to promote the respect for the human rights of migrants, and to contribute to peaceful integration of migrants in society.
"We recognize that migration continues to increase -- driven by the age-old pursuit of a better life, as well as by increasingly understood phenomena such as climate change. And so, we accept that we must take effective action without delay."
Ban Ki-moon, UN Secretary-General, in his address to the Global Forum on Migration and Development, 10 July 2007
Fuentes:
http://daccessdds.un.org/doc/UNDOC/GEN/N00/564/97/PDF/N0056497.pdf?OpenElement
http://www.un.org/depts/dhl/events/migrants/index.html
http://www.un-ngls.org/orf/international_migration.htm
http://www.un.org/WCAR/e-kit/migration.htm
http://www2.ohchr.org/english/issues/migration/rapporteur/
http://www2.ohchr.org/english/bodies/cmw/index.htm
http://www2.ohchr.org/english/law/organizedcrime.htm
http://www2.ohchr.org/english/bodies/cmw/GMG.htm
http://www.ilo.org/public/english/protection/migrant/index.htm
http://portal.unesco.org/shs/en/ev.php-URL_ID=1211&URL_DO=DO_TOPIC&URL_SECTION=201.html