The General Assembly,
Recalling all its previous resolutions on the protection of migrants, the most
recent of which is resolution 65/212 of 21 December 2010,
and recalling also Human Rights Council resolution 18/21 of 30 September 2011,
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,
Reaffirming also that everyone has the right to freedom of movement and
residence within the borders of each State and the right to leave any country,
including his or her own, and to return to his or her country, Recalling the International Covenant on Civil and Political Rights
and the International Covenant on Economic, Social and Cultural Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment,the Convention on the Elimination of All Forms of Discrimination against Women,
the Convention on the Rights of the Child,the International Convention on the Elimination of All Forms of Racial Discrimination,
the Convention on the Rights of Persons with Disabilities, the Vienna Convention on Consular Relations
and
the International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families,
10
Recalling also the provisions concerning migrants contained in the outcome
documents of all major United Nations conferences and summits, including the
Outcome of the Conference on the World Financial and Economic Crisis and Its
Impact on Development,
11
which recognizes that migrant workers are among the
most affected and vulnerable in the context of financial and economic crises,
Recalling further Commission on Population and Development resolutions
2006/2 of 10 May 2006
12
and 2009/1 of 3 April 2009,
13
Taking note with appreciation of the United Nations Development Programme
Human Development Report 2009: Overcoming Barriers — Human Mobility and
Development,
14
Taking note of advisory opinion OC-16/99 of 1 October 1999 on the Right to
Information on Consular Assistance in the Framework of the Guarantees of the Due
Process of Law and advisory opinion OC-18/03 of 17 September 2003 on the
Juridical Condition and Rights of Undocumented Migrants, issued by the
Inter-American Court of Human Rights,
Taking note also of the Judgment of the International Court of Justice of
31 March 2004 in the case concerning Avena and Other Mexican Nationals
and the Judgment of the Court of 19 January 2009 regarding the request for interpretation of
the Avena Judgment,
and recalling the obligations of States reaffirmed in both
decisions, Underlining the importance of the Human Rights Council in promoting respect
for the protection of the human rights and fundamental freedoms of all, including
migrants,
Recognizing the increasing participation of women in international migration
movements,
Recalling the High-level Dialogue on International Migration and Development,
held in New York on 14 and 15 September 2006 for the purpose of discussing the
multidimensional aspects of international migration and development, which,
inter alia, recognized the relationship between international migration, development
and human rights,
Noting that the fifth meeting of the Global Forum on Migration and
Development, held in Geneva on 1 and 2 December 2011, drew together the results
and conclusions of fourteen thematic meetings that took place worldwide from
January to October 2011 on the central theme “Taking action on migration and
development — coherence, capacity and cooperation” as a contribution to
promoting international cooperation among States and between States and other
actors in order to strengthen the capacity of States to address migration and
development opportunities and challenges more effectively, and taking note with
appreciation of the generous offer of Mauritius to assume the presidency of the
Global Forum for 2012,
Recognizing the cultural and economic contributions made by migrants to
receiving societies and their communities of origin, as well as the need to identify
appropriate means of maximizing development benefits and responding to the
challenges which migration poses to countries of origin, transit and destination,
especially in the light of the impact of the financial and economic crisis, and
committing to ensuring dignified, humane treatment with applicable protections and
to strengthening mechanisms for international cooperation,
Emphasizing the global character of the migratory phenomenon, the
importance of international, regional and bilateral cooperation and dialogue in this
regard, as appropriate, and the need to protect the human rights of migrants,
particularly at a time in which migration flows have increased in the globalized
economy and take place in a context of new security concerns,
Bearing in mind the obligations of States under international law, as
applicable, to exercise due diligence to prevent crimes against migrants and to
investigate and punish perpetrators, and that not doing so violates and impairs or
nullifies the enjoyment of the human rights and fundamental freedoms of victims,
Affirming that crimes against migrants, including trafficking in persons,
continue to pose a serious challenge and require a concerted international
assessment and response and genuine multilateral cooperation among countries of
origin, transit and destination for their eradication,
Bearing in mind that policies and initiatives on the issue of migration,
including those that refer to the orderly management of migration, should promote
holistic approaches that take into account the causes and consequences of the
phenomenon, as well as full respect for the human rights and fundamental freedoms
of migrants,
Stressing the importance of regulations and laws regarding irregular migration,
at all levels of government, being in accordance with the obligations of States under
international law, including international human rights law,
Stressing also the obligation of States to protect the human rights of migrants
regardless of their migration status, and expressing its concern at measures which,
including in the context of policies aimed at reducing irregular migration, treat
irregular migration as a criminal rather than an administrative offence where the
effect of doing so is to deny migrants full enjoyment of their human rights and
fundamental freedoms,