Link between migration, development and human rights requires more attention, High Commissioner says

High Level Panel in preparation of the
High Level Dialogue of the General Assembly on
Migration and Development


Remarks of the High Commissioner for Human Rights

Louise Arbour



Geneva, 4th July 2006

It is both an honour and a timely opportunity to participate in the work of the High Level Panel today. Migration is, in fact, at the forefront of the political and legislative agendas in many countries, and it is one of the five pressing issues that the first session of the Human Rights Council tackled. It is also a hot topic of public debate and becoming more incandescent every day. While this debate has centred either on the perceived challenges posed by migration, or on its contribution to development and poverty alleviation, the inextricable connection of migration, development and human rights has been insufficiently explored. This missing link will be the topic of my remarks today.

To begin with, allow me to offer a more comprehensive interpretation of the so-called migration management approach. Traditionally, both in the countries of origin of migrants and in recipient States, such an approach has been largely underpinned by cost-benefit analyses. The emerging consensus points out that the beneficial effects of migration in terms of poverty reduction, development and wealth creation far outweigh the cost of human resources drain, stepped-up border control and the provision of additional social services.

Thus articulated, the migration management perspective is unduly reductive, however, as it typically leaves justice and respect of rights out of the debate range and, crucially, away from policy making. Managing migration flows effectively requires an understanding that migrants are not simply agents of development, but human beings with rights which States have an obligation to protect. To this end and as a first step, it is imperative to identify the human rights and development deficits that are the causes of a substantial part of the migration phenomenon.

It is often violence, social and economic exclusion, poverty, lack of access to basic services, inequality of opportunities, and gender discrimination that force people to leave their communities and livelihoods. If countries of destination and countries of origin are to reap the full development benefits of migration (not just counted in terms of cheap labour and volume of remittances, respectively), then a migrant’s choice to forego the dreaded known for a potentially perilous unknown should be free and informed. People migrating under duress and with fresh memories of abuse are less equipped to confront the challenges ahead of them in a foreign country. They are also exposed to greater risks, including falling prey to despicable perpetrators of human rights abuses such as human traffickers.

Once in the country of destination, ignorance of rights or of ways to exercise them inevitably undermines migrants’ opportunities and access to protection and services even when such guarantees and safety nets are available. Regrettably, in many instances they are not.

Let me offer some examples of how the rights of migrants are undermined and of the implications abuses may carry.

For many, arrival in a new country means administrative detention or immigration detention which entails limited rights. This limitation of their right to liberty is usually not applied as a measure of last resort. It is often considered as a routine procedure which is rarely debated. The paradox is that in a number of countries, migrants in immigration detention may enjoy fewer rights that those accorded to persons facing criminal charges. Such procedures do not spare children, who in many countries can be held in prolonged administrative detention without proper justification on the part of the competent authorities. Often, such detainees have neither the capacity nor the rights to challenge the legality of their detention. When review procedures are carried out, this may happen outside the scrutiny of courts and judicial organs. Alarmingly, some countries have gone so far as to enter reservations to the UN Convention on the Rights of the Child in order to hold children in immigration detention.

Furthermore, the multiple dimensions of discrimination encompassing grounds such as gender, race and religion, impose a heavy toll on migrants’ rights. The interplay of these different grounds of discrimination generates mutually reinforcing patterns of exclusion, disadvantage and abuse affecting the full spectrum of public life from conditions in the workplace, to access to social services, justice, education, housing, health care, and participation in the decision-making processes. In turn, exclusion, discrimination and neglect may foster resentment among migrants and their growing children and deter them from becoming fully active members of their new communities. Moreover, while a receiving country may undeniably benefit from an influx of migrants such benefits do not necessarily and evenly accrue to all sectors of society. Migration may affect negatively a fragile underclass already eking out a minimum wage living particularly in the agricultural, manufacturing and service sectors or in the informal economy and therefore prone to regard with suspicion and misgivings any external competition.

The consequences fostered by such an environment and attitudes may ultimately result in a self-fulfilling prophecy of distrust, failure and further exclusion.

What I have just described is a no-win situation where the indisputable contribution of migration to development may be severely jeopardised.

Our goal should be spawning a virtuous cycle, instead, whereby the human rights of migrants are respected; migrants are integrated in host societies and can fully contribute to the development both of the host countries and of their countries of origin. By the same token, a human rights approach to migration will not only help to guide such integration, but also ensure that the concerns of the most vulnerable in a receiving society are addressed and the benefits of migration equitably shared.

To this end, International Migration and Development, the recent report of the Secretary-General, offers an overarching framework for reflection, while international human rights instruments provide a solid basis for shaping States’ action, as they seek to protect everyone in a State’s territory. The International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families offers States the most comprehensive framework for policy and action both in terms of principles and applicable practice. Regrettably, it also suffers from a low level of ratification stemming from concerns that need to be addressed. We can do so by intensifying our efforts to better articulate what a human rights approach to migration is. We should document good practices, and provide guidance to inform States’ approaches. We can also supply the tools to build and strengthen the capacity of States to better grasp the profound nexus linking migration, development and human rights. In all circumstances, however, ad hoc regulatory frameworks should be implemented only with a view to complementing the Convention, not replacing it. Equally important is that States pay heed to the International Covenant on Economic, Social and Cultural Rights which addresses issues of great relevance to both migration and development.

Moreover, the UN system of special procedures, one of the remarkable legacies of Commission on Human Rights, counts several experts whose experience can assist States in protecting the human rights of migrants. Among them, the Special Rapporteur on the human rights of migrants has been particularly active in providing elements of an approach to migration respectful of human rights, while addressing issues of crucial relevance to development, such as the lack of or limited access of migrants to economic and social rights in the area of employment, social security, health, housing, food and education. The Special Rapporteur has also exercised vigilance on those migrants more exposed to the risk of abuse and exploitation, particularly unaccompanied migrant children and migrant women (who represent half of the migrant population) and recommended programmes aimed at the empowering these migrants.

Useful elements to address the scourge of human trafficking in its human rights context can be found in the “Recommended Principles and Guidelines on Human Rights and Human Trafficking”, produced by my Office, which seek to inform State action in devising measures to protect and provide redress to the victims.

In the multi-faceted migration and development equation, it is therefore vital that this Panel and the General Assembly’s High Level Dialogue craft ways to strengthen the role and action of human rights instruments and mechanisms in protecting the human rights of migrants and in addressing their vulnerability. This should proceed in parallel with educating duty bearers on their obligations and responsibilities to protect migrants.


Migration can be an empowering experience that motivates women and men to seek better prospects beyond their countries’ borders. Such legitimate aspiration must not be undermined or crushed by abuse. Respecting the human rights of migrants is not only a legal obligation. It is also a pre-condition for our societies to grow and prosper in peace and security.

Thank you