8/10. Human rights of migrants: mandate of the Special Rapporteur
on the human rights of migrants
The Human Rights Council,
Reaffirming the Universal Declaration of Human Rights, which 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,
Recalling all international norms and standards relevant to the human rights of migrants,
Recalling also Commission on Human Rights resolutions 1999/44 of 27 April 1999, 2002/62 of 25 April 2002 and 2005/47 of 19 April 2007, and General Assembly resolutions on the human rights of migrants,
Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March 2006,
Recalling Council resolutions 5/1 on institutional building of the Human Rights Council and 5/2 on the code of conduct for special procedures mandate holders of the Council of 18 June 2007, and stressing that the mandate holder will discharge his/her duties in accordance with these resolutions and the annexes thereto,
Resolved to ensure respect for the human rights and fundamental freedoms of all migrants,
1. Decides to extend for a period of three years the mandate of the Special Rapporteur on the human rights of migrants, with the following functions:
(a) To examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, recognizing the particular vulnerability of women, children and those undocumented or in an irregular situation;
(b) To request and receive information from all relevant sources, including migrants themselves, on violations of the human rights of migrants and their families;
(c) To formulate appropriate recommendations to prevent and remedy violations of the human rights of migrants, wherever they may occur;
(d) To promote the effective application of relevant international norms and standards on the issue;
(e) To recommend actions and measures applicable at the national, regional and international levels to eliminate violations of the human rights of migrants;
(f) To take into account a gender perspective when requesting and analyzing information, and to give special attention to the occurrence of multiple discrimination and violence against migrant women;
(g) To give particular emphasis to recommendations on practical solutions with regard to the implementation of the rights relevant to the mandate, including by identifying best practices and concrete areas and means for international cooperation;
(h) To report regularly to the Council, according to its annual programme of work, and to the General Assembly, at the request of the Council or the Assembly;
2. Requests the Special Rapporteur, in carrying out his or her mandate, to take into consideration relevant human rights instruments of the United Nations to promote and protect the human rights of migrants;
3. Also requests the Special Rapporteur, in carrying out this mandate, to request, receive and exchange information on violations of the human rights of migrants 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 nongovernmental organizations, including migrants’ organizations, and to respond effectively to such information;
4. Further requests the Special Rapporteur, as part of his or her activities, to continue his or her programme of visits, which contribute to improving the protection afforded to the human rights of migrants and to the broad and full implementation of all the aspects of his or her mandate;
5. Requests the Special Rapporteur, in carrying out his or her mandate, to take into account bilateral and regional negotiations that aim at addressing, inter alia, the return and reinsertion of migrants who are undocumented or in an irregular situation;
6. Encourages Governments to give serious consideration to inviting the Special Rapporteur to visit their countries so as to enable him or her to fulfil the mandate effectively;
7. Also encourages Governments to also cooperate fully with the Special Rapporteur in the performance of the tasks and duties mandated, to furnish all information requested, to consider the implementation of the recommendations contained in the reports of the Special Rapporteur, and to react promptly to his or her urgent appeals;
8. Requests all relevant mechanisms to cooperate with the Special Rapporteur;
9. Requests the Secretary General to give the Special Rapporteur all necessary human and financial assistance for the fulfilment of his or her mandate.
28th meeting
18 June 2008
Adopted without a vote.
The Human Rights Council,
Recalling that, in accordance with the Universal Declaration of Human Rights and the international covenants on human rights, the ideal of free human beings enjoying freedom from fear and want can be achieved only if conditions are created whereby everyone may enjoy his or her economic, social and cultural rights, as well as his or her civil and political rights,
Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March 2006,
Recalling its resolutions 5/1 on institution building of the Human Rights Council and 5/2 on a code of conduct for special procedures mandate holders of the Council of 18 June 2007, and stressing that the mandate holder shall discharge his or her duties in accordance with these resolutions and their annexes thereto,
Recalling also all previous resolutions on the issue of human rights and extreme poverty adopted by the General Assembly and the Commission on Human Rights, as well as its own relevant resolutions including Council resolutions 2/2 and 7/27,
Recalling further the United Nations Millennium Declaration, adopted by Heads of State and Government on the occasion of the Millennium Summit, and their commitment to eradicate extreme poverty and to halve, by 2015, the proportion of the world’s people whose income is less than one dollar a day and of those who suffer from hunger,
Recalling that, in its resolution 62/205 of 19 December 2007, the General Assembly proclaimed the Second United Nations Decade for the Eradication of Poverty (2008 2017), in order to support, in an efficient and coordinated manner, the internationally agreed development goals related to poverty eradication, including the Millennium Development Goals,
Bearing in mind the resolutions of the General Assembly on human rights and extreme poverty, and the importance they attach to giving persons living in extreme poverty the wherewithal to organize and participate in all aspects of political, economic and social life,
Deeply concerned that extreme poverty persists in all countries of the world, regardless of their economic, social and cultural situation, and that its extent and manifestations are particularly severe in developing countries,
Concerned at the insufficient progress notwithstanding the priority and urgency given by the Heads of State and Government to the eradication of poverty, as expressed in the outcomes of the major United Nations conferences and summits in the economic and social fields,
Reaffirming that the fight against extreme poverty must remain a high priority for the international community,
Stressing the need to better understand the causes and consequences of extreme poverty,
Stressing also that respect for all human rights, which are universal, indivisible and interdependent and interrelated, is of crucial importance for all policies and programmes to fight extreme poverty at the local and national levels,
Expressing its gratitude to the former independent expert on the question of human rights and extreme poverty for the important work accomplished in the discharge of his mandate, and conscious of the necessity to continue this work,
1. Acknowledges the report of the Independent Expert on extreme poverty (A/HRC/7/15), and takes note of his proposal to define extreme poverty as the combination of income poverty, human development poverty and social exclusion;
2. Decides to extend the mandate of the independent expert on extreme poverty for a period of three years, in order to, inter alia:
(a) Further examine the relationship between the enjoyment of human rights and extreme poverty;
(b) Identify alternative approaches to the removal of all obstacles, including institutional ones, at the regional, national and international, public, corporate and societal levels, to the full enjoyment of human rights for all people living in extreme poverty;
(c) Identify, including in cooperation with international financial organizations, the most efficient measures taken at the national, regional and international levels to promote the full enjoyment of human rights of persons living in extreme poverty;
(d) Make recommendations on how people living in extreme poverty can participate in the process towards the full enjoyment of their human rights and the sustainable improvement of their quality of life, including through empowerment and resource mobilization at all levels;
(e) Develop cooperation with other United Nations bodies dealing with human rights and that are also active in the fight against extreme poverty;
(f) Participate in the assessment of the implementation of the Second United Nations Decade for the Eradication of Poverty, the internationally agreed goals contained in the Millennium Declaration, the Monterrey Consensus (A/CONF.198/11, chap. I, resolution 1, annex), adopted by the International Conference on Financing for Development in March 2002, and the Plan of Implementation of the World Summit on Sustainable Development;
(g) Work on the impact of discrimination on extreme poverty, bearing in mind the Durban Declaration and Programme of Action adopted in September 2001 by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance;
(h) Pay particular attention to the situation and empowerment of women in extreme poverty, applying a gender perspective in his or her work;
(i) Pay particular attention to children living in extreme poverty, as well as to the most vulnerable groups, including persons with disabilities who live in extreme poverty;
(j) Submit recommendations that could contribute to the realization of Millennium Development Goals, and in particular of goal 1, which consists in the halving by 2015 the proportion of people whose income is less than one dollar a day and the proportion of people who suffer from hunger, taking into account the role of international assistance and cooperation in reinforcing national actions to reduce extreme poverty;
(k) Continue participating in and contributing to relevant international conferences and events with the aim of promoting the reduction of extreme poverty,
3. Requests the Office of the United Nations High Commissioner for Human Rights to give high priority to the question of the relationship between extreme poverty and human rights and invites it to pursue further work in this area, integrating and cooperating fully with the Independent Expert in the various activities, notably the Social Forum and the consultation on the draft guiding principles on extreme poverty, and to provide all necessary human and financial resources for the effective fulfilment of the mandate of the independent expert;
4. Requests the independent expert to submit an annual report on the implementation of the present resolution to the General Assembly and to the Council, in accordance with their programme of work,
5. Calls upon all Governments to cooperate with and assist the independent expert in his or her task, to supply all necessary information requested by him or her and to give serious consideration to responding favourably to the requests of the independent expert to visit their countries, to enable him or her to fulfil his or her mandate effectively,
6. Invites relevant United Nations agencies, funds and programmes, treaty bodies and civil society actors, including non governmental organizations, as well as the private sector, to cooperate fully with the independent expert in the fulfilment of his or her mandate,
7. Decides to continue its consideration of the question of human rights and extreme poverty, in accordance with its programme of work.
28th meeting
18 June 2008
Adopted without a vote.
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