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IOM - Migration July 2008: Migrants rights - A special issue

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The Human Rights of Migrants - A Shared Responsibility

By Richard Perruchoud, Director, International Migration Law & Legal Affairs Department, IOM Geneva editorial

The positive contributions of migration to the development of countries of origin and destination as well as migrants themselves, are well documented if not always fully acknowledged. However, these contributions are undoubtedly linked to the effective respect for the human rights of all migrants regardless of their legal status, a respect that applies to all stages of the migration process.

Increasingly, the international community is conscious of the need to take a holistic view of migration - one that goes beyond a purely economic or security analysis to also incorporate the social and cultural aspects of this global phenomenon. The human rights of migrants is central to this approach.

Discourse on the protection of these rights often focuses on the obligations of host and transit countries, as under international law they have the responsibility of protecting the rights of all those on their territory, including migrants.

However, countries of origin also have an important role to play. Ensuring that migrants are fully informed of their rights (and duties) in the countries of transit and destination, that the recruitment process is regulated, and that the migrants are aware of their right to consular protection and assistance, are just some examples of how States can fulfil their obligation to protect their nationals prior to departure, whilst abroad and on their return. States also have the right - and the duty - under international law to defend and protect their nationals abroad, wherever they may reside, and irrespective of their migratory status.

Nevertheless, a considerable gap still exists between the rhetoric of the universal application of human rights, and the enjoyment of these rights in practice. The gap is further accentuated for migrants who are more vulnerable to human rights abuses because they are not natives or citizens of the country in which they reside. Irregular or undocumented migrants, especially women often engaged in exploitative or vulnerable employment such as sex work or domestic work, are at the sharp end of serious abuses.

How can this be stopped? By intensifying efforts across the board to ensure the impressive machinery of instruments already in existence at international and regional level that define and protect the human rights of migrants is effectively put into practice.

This is not an isolated process. There is increasing recognition by the international community that cooperation on providing equitable and humane conditions for migrants is a key component of migration management. Success on this would give effect to a shared responsibility on ensuring respect of migrants' human rights.

Underlying IOM's work since its inception has clearly been the recognition that, in the final analysis, all that it does is on behalf of individual human beings in need of international migration assistance and protection, and towards whom the international community recognizes a responsibility. Whilst IOM does not have a formal legal protection mandate, indisputably, the dignity and self-respect of migrants are fundamental concepts within all IOM activities. One of IOM's strategic objectives, confirmed by its Member States in 2007, is 'to enhance the humane and orderly management of migration and the effective respect for the human rights of migrants in accordance with international law.'

The Organization does this directly or indirectly through its action. For example, by providing safe transportation or evacuation and related support in conflict situations, IOM protects the physical integrity of the migrant and contributes to the full realization of the right to leave any country and to return to one's country of nationality. IOM's provision of shelter to victims of trafficking protects the fundamental human right not to be held in slavery or servitude. IOM's special resettlement or emigration programmes in situations of internal strife contribute to the implementation of the right to find safe haven abroad. IOM's medical programmes ensure migrants' fitness to travel and facilitate health care follow-up in receiving countries, thus promoting the right to an adequate standard of living, including health and well-being. These are but a few examples of IOM's de facto protection of those falling under its mandate.

The Organization is also routinely incorporating the protection and promotion of the human rights of migrants in seminars and workshops it organizes. These rights and obligations, and those of States, are also included in capacity building and advisory services provided by IOM as it assists governments in developing or updating national migration policies, legislation and administrative structures.

More than ever and rightly so, the human rights of migrants are on the international agenda. This edition of Migration, largely devoted to various aspects of this issue, focuses on just some of the many outstanding challenges facing migrants and States alike.