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Summary of the intersessional panel discussion on the human rights of migrants in vulnerable situations - Report of the Office of the United Nations High Commissioner for Human Rights (A/HRC/50/52) [EN/AR/RU/ZH]

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World
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UN HRC
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Human Rights Council
Fiftieth session
13 June–8 July 2022
Agenda items 2 and 3
Annual report of the United Nations High Commissioner
for Human Rights and reports of the Office of the
High Commissioner and the Secretary-General

Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

Summary

The present report is submitted pursuant to Human Rights Council resolution 47/12 of 26 July 2021, in which the Council requested the Office of the United Nations High Commissioner for Human Rights to convene an intersessional panel discussion on the human rights of migrants in vulnerable situations, with a particular focus on the experiences of migrants, highlighting best practices and challenges in this regard, and to prepare a summary report on the panel discussion, which was held on 21 February 2022.

I. Background

1 . In its resolutions 35/17 and 47/12, the Human Rights Council expressed serious concern about the vulnerable situations faced by migrants. They can result from the reasons for leaving their country of origin, circumstances encountered by migrants en route, at borders or at destination, discrimination related to specific aspects of their identity or circumstance, or a combination of those factors. The Human Rights Council, in its resolutions 32/14 and 35/17, requested the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop principles and practical guidance on the protection of the human rights of migrants in vulnerable situations on the basis of existing legal norms. The initiative was aimed at addressing critical protection gaps in relation to the human rights of migrants who fall outside existing legal protection categories. At its thirty-fourth session, in 2017, the United Nations High Commissioner for Human Rights submitted to the Council his report containing the principles and practical guidance on the protection of the human rights of migrants in vulnerable situations. Drawn directly from international human rights law and related international standards, the principles and guidelines present a comprehensive framework for understanding how migrants may find themselves in vulnerable situations and at increased risk of suffering violations and abuse, and provide practical guidance for addressing those situations.

2 . In the Global Compact for Safe, Orderly and Regular Migration, Member States acknowledged that situations of vulnerability faced by migrants may arise from the circumstances in which they travel or the conditions they face in countries of origin, transit and destination. Under Objective 7 of the Global Compact, Member States committed to address and reduce vulnerabilities in migration and to protect the human rights of migrants in situations of vulnerability, in accordance with obligations under international law. To realize this commitment, the Global Compact recommends that Member States, inter alia, develop national policies and programmes to address the needs of migrants in situations of vulnerability by taking into consideration relevant recommendations of the above-referenced principles and guidelines. As a complementary tool, the United Nations Network on Migration has published a guidance note on regular pathways for admission and stay for migrants in situations of vulnerability, to promote pathways for admission and stay that address and reduce situations of vulnerability. Furthermore, in his report on the Global Compact, the Secretary-General stressed the need to prevent and address situations of vulnerability in migration and to better protect, empower and promote the rights of migrants in vulnerable situations.

3 . In its resolution 47/12, the Council requested OHCHR to convene an intersessional panel discussion on the human rights of migrants in vulnerable situations, with a particular focus on the experiences of migrants, highlighting best practices and challenges in this regard. The panel discussion was held on 21 February 2022, with a view to illustrating how situations of vulnerability can be associated with the drivers of migration, circumstances encountered in transit, at borders and at their destinations, discrimination related to specific aspects of a person’s identity or circumstances, or a combination of those factors. The aim was also to highlight challenges and promising practices in relation to the respect, protection and fulfilment of the human rights of migrants in vulnerable situations; to determine means and ways to prevent, identify and address situations of vulnerability; to seek recommendations on how the Human Rights Council could move forward to ensure the protection of the human rights of migrants in vulnerable situations; and to inform preparations for the International Migration Review Forum and its progress declaration.

4 . In the same resolution, the Human Rights Council requested OHCHR to prepare a summary report on the discussion held on 21 February 2022, to submit it to the Council at its fiftieth session and to the General Assembly at its seventy-seventh session, and to bring the report to the attention of the International Migration Review Forum and the United Nations Network on Migration. The present report is submitted to the Council pursuant to that request.