HRC53: A call for States to promote solidarity and to change the narrative on migration
53rd session of the Human Rights Council
19th June – 14th July 2023
Item 3: Interactive Dialogue with Special Rapporteur on the human rights of migrants
26 June 2023
By Aimara Pujadas / GICJ
Executive Summary
The 53rd session of the Human Rights Council witnessed an interactive dialogue with the Special Rapporteur on the human rights of migrants, Felipe González Morales. The focus was on his report, which highlighted the distressing increase in human rights violations against migrants in various nations. The Special Rapporteur urged States to explore effective strategies for implementing regularisation mechanisms and programs as a vital step towards safeguarding migrants' human rights. The report covered crucial aspects concerning migrants' protection, including return and reintegration, access to justice, gender perspectives, freedom of association, ending child migratory detention, pushbacks, human rights violations at international borders, the impact of COVID-19 on migration, climate change, and the regularisation and labour rights of migrants.
During the interactive dialogue, speakers expressed sorrow over migrant lives lost during attempted border crossings, attributing the increase in migration flows to conflicts and environmental factors. Challenges in addressing social, political, and economic aspects of migration were acknowledged, with a particular focus on the vulnerability of female migrants who faced abuse and difficulties in accessing housing, education, and healthcare. The establishment of an international monitoring mechanism to support migrant rights was proposed, and the importance of addressing the root causes of irregular migration, respecting human rights and international law during migrant return processes, and promoting migrants' integration into society was accentuated.
Report of the Special Rapporteur
During the 53rd session of the Human Rights Council on June 26, an interactive dialogue took place with Felipe González Morales, the Special Rapporteur on the human rights of migrants, focusing on his report regarding the expansion and diversification of regularisation mechanisms and programs to enhance migrant rights. The report also covered the outcomes of his missions to Poland, Belarus, and Bangladesh, along with the responses of Poland and Belarus.
In his discourse, the Special Rapporteur highlighted the distressing increase in human rights violations against migrants in various nations. He urged States to further explore effective strategies for implementing regularisation mechanisms and programs as a vital step towards safeguarding migrants' human rights. The report addressed critical aspects concerning the protection of migrants' rights, including return and reintegration, access to justice, gender perspectives, freedom of association, ending child migratory detention, pushbacks, human rights violations at international borders, the impact of COVID-19 pandemic on migration, climate change, and the regularisation and labour rights of migrants.
The Special Rapporteur outlined that regularisation is a key tool in protecting migrants' human rights. While it is not a standalone solution, it plays a crucial role in facilitating migrants' integration into the host society, preventing administrative and arbitrary detention, and ensuring access to essential services. He also stressed the importance of citizen participation in shaping migration policies and decisions related to regularisation.
Interactive Dialogue
During the interactive dialogue, speakers expressed sorrow over migrant lives lost during attempted border crossings worldwide, citing conflicts and environmental factors as reasons for increased migration flows. Challenges in addressing social, political, and economic aspects of migration were acknowledged. Female migrants were identified as particularly vulnerable to abuse and faced obstacles in accessing housing, education, and healthcare.
Several participants called for the establishment of an international monitoring mechanism to support migrant rights. The need to address the root causes of irregular migration, respect human rights and international law during migrant return processes and promote migrants' integration into society was underlined. Exchange of information between countries regarding migrant policies was also deemed essential. Some representatives urged States to implement the Global Compact for Migration as a comprehensive approach to governing migration.
The representative from Azerbaijan stressed the critical necessity of safeguarding the rights of all individuals, regardless of their race, ethnicity, or migratory status. The emphasis was placed on ensuring dignity and security for everyone. The challenges in the realm of migration were acknowledged, requiring a strong commitment to protecting the human rights of migrants. The delegate called for the recognition that the protection of migrants' fundamental rights should not be contingent on whether their migration was forced or voluntary.
Bangladesh's delegate, speaking on behalf of their concerned country, expressed gratitude to the Special Rapporteur for his visit and report, which shed light on both the progress made and the remaining challenges to be addressed regarding migrants' rights in Bangladesh. It was specified that Bangladeshi legislation promoted opportunities for overseas employment and protected the rights of hosted migrants. The government had issued identity cards to migrants, allowing them access to state services and livelihood opportunities, underscoring the importance placed on the development of migrant workers' skills. The government was also engaged in dialogue with host countries to ensure the rights of Bangladeshi workers overseas. Additionally, Bangladesh extended support to the Rohingya community, forced to remain on its territory.
The representative of Belarus accentuated that the trigger for the visit to Belarus was the exceptional politicisation of the situation on its eastern border by the European Union in the fall of 2021. Belarus clarified that it was not the source or cause of the situation; rather, its territory served as one of several routes for migrants and refugees seeking entry into European Union countries. The law enforcement agencies of Belarus took measures to control the illegal movement of migrants in response to an increase in attempted crossings. Notably, around two thousand people who attempted to enter the European Union through Belarus in the fall of 2021 were stopped by the Polish authorities at the border. Furthermore, Belarus made efforts to avoid casualties among these individuals, providing temporary shelter, food, and medical care.
Poland's delegate highlighted the great importance placed on advancing all human rights, including those of migrants. This dedication to promoting and protecting the human rights of migrants was demonstrated when millions of refugees crossed the Polish-Ukrainian border seeking safety and protection in Poland after the unprovoked and unjustified Russian aggression against Ukraine on February 24, 2022. Poland immediately provided assistance to receive refugees, ensuring their safety and addressing their needs. Maintaining strong cooperation with international human rights mechanisms and bodies, particularly the Human Rights Council and its Special Procedures, was deemed crucial for the protection and promotion of human rights.
The European Union’s delegate stated that rights are universal and must be guaranteed to all individuals, regardless of their migratory status. The EU's commitment includes protection for all victims of trafficking, special attention to unaccompanied minors, and legal protection for migrant workers, serving as examples of their dedication. The delegate reiterated the European Union's stance against smuggling and trafficking of migrants and underscored the importance of strong coordination to counter state-sponsored attempts to exploit them for political purposes.
Côte d'Ivoire, speaking on behalf of the group of African States, expressed that migration is an integral part of Africa's history and common heritage, as the continent has a tradition of welcoming migrants. All countries have the responsibility to respect migrants' rights, and the African Group took note of the Special Rapporteur's recommendations, particularly regarding options for permanent residency and access to civic rights to facilitate family and social integration.
The group emphasised the vulnerability of irregular migrants in the face of human rights violations and highlighted the numerous challenges they face, such as discrimination and lack of access to essential services like healthcare and education. The African States noted the importance of addressing the underlying causes of migration and irregularities from the perspectives of countries of origin, transit, and destination. Collaboration between these countries is crucial to respect migrants' human rights, prevent dangerous migration routes, and combat exploitation.
Lithuania's representative highlighted their firm belief that a humane and well-regulated approach to migration is the most effective way to ensure the protection of migrants' human rights. They stressed the need to differentiate between regular and instrumentalised migration. The delegate pointed out that international rules apply equally to all countries and reiterated Lithuania's strong support for international legal borders. Authorities should refrain from instrumentalising migration flows and exploiting third country nationals for political purposes, and Lithuania fully agrees that migrants should not be used as pawns or sacrifices.
The representative of the United States emphasised that migrants play a vital role in the global economy, contributing to innovation, economic development, and poverty reduction while enriching the cultures and economies of their new homes. The United States welcomed the first international migration review forum and expressed eagerness to collaborate with regional and international partners to advance comprehensive and cooperative migration management that respects the human rights of migrants, in accordance with the vision of the Global Compact for Migration.
Greece's delegate noted that their country has been consistently providing assistance to a large number of migrants and asylum seekers for several years. Unfortunately, many of these individuals arrive in Greece due to the operations of organised criminal networks of smugglers and traffickers, as well as through politically motivated migrant instrumentalisation. Greece strongly condemned this ongoing exploitation of individuals who are deprived of their basic human rights by traffickers, who constantly put their lives at risk. The recent example of a tragic shipwreck in the Mediterranean was highlighted. Greece reaffirmed its unwavering commitment to safeguard and protect the human rights of those in need, especially vulnerable groups like unaccompanied minors. Additionally, Greece expressed its utmost dedication to saving lives at sea, having rescued tens of thousands of people over the years.
The Chinese delegate acknowledged the intertwining crises of pandemic, food, and energy, along with the rise of racism, xenophobia, unilateralism, and hegemony. They mentioned the challenges in guaranteeing the human rights of vulnerable migrant groups, given the increasing occurrence of passive and irregular migration. Despite these challenges, some countries demonstrated an open and inclusive view of migrants' contributions to the economy and society. The Chinese delegation highlighted the importance of creating conditions that allow migrants to enjoy human rights through policies that promote economic development. They also called on the UK to reconsider its decision to send asylum seekers to Rwanda, urging the country to amend relevant acts and address potential violations of migrants' rights.
UNICEF urged states to facilitate access to regular migration status and identity documents for children, adolescents, and their parents or caretakers. Such measures were seen as indispensable for reducing vulnerability and ensuring the full realisation of their rights. UNICEF affirmed that migrant children, regardless of the reasons for their migration and their legal status or nationality, are first and foremost children and must be treated as such.
In his concluding remarks, the Special Rapporteur highlighted that regularisation is a crucial tool to protect the human rights of migrants themselves. While not sufficient on its own, it is an essential step toward facilitating migrants' integration into the destination society, avoiding administrative and arbitrary detention, and ensuring access to services, among other benefits. The Special Rapporteur emphasised the importance of citizen participation in migration policies and regularisation matters.
Geneva International Centre for Justice (GICJ) extends its gratitude for the report presented by the Special Rapporteur and wholeheartedly supports the proposal to establish an international monitoring mechanism exclusively focused on safeguarding migrants' rights. We align ourselves with the call for a more profound examination of the root causes behind irregular migration and strongly urge States to consistently uphold human rights and adhere to international law.
Moreover, we stress the utmost importance of providing heightened attention and protection to migrants in transit and those involved in return processes, as they are particularly vulnerable to human rights violations. States must ensure that their migration policies are inclusive and non-discriminatory, challenging negative perceptions of migrants.
Bilateral, multilateral, and regional cooperation and partnerships are necessary to foster collaboration in protecting the human rights of migrants. It was noted that unilateral coercive measures hindered States' capacities to support migrants, and calls were made for their removal.
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