La Asamblea General de la ONU ha aprobado por unanimidad la versión del documento del 29 de julio, el cual es el resultado de un trabajo importante de incidencia política donde DNI Internacional ha formado parte en la Cumbre de Alto Nivel sobre "hacer frente a grandes movimientos de refugiados y migrantes" (19 de septiembre), que incluye un compromiso en el párrafo 2.12 sobre la detención de inmigración del niño:
[....] El reconocimiento de que la detención a efectos de determinar la condición de la migración rara vez, o nunca, en el mejor interés del niño, lo vamos a utilizar sólo como medida de último recurso, en el entorno menos restrictivo, por el menor posible período de tiempo, en condiciones que respeten sus derechos humanos y de una manera que tenga en cuenta, como consideración primordial, el interés superior del niño, y vamos a trabajar hacia el final de esta práctica.
DNI Internacional considera un paso importante aunque reconoce que el pudo haber sido mejor.
Abajo texto adoptado:
DRAFT FOR ADOPTION
29 July 2016
OUTCOME
DOCUMENT FOR 19 SEPTEMBER 2016 HIGH-LEVEL MEETING TO ADDRESS LARGE MOVEMENTS OF
REFUGEES AND MIGRANTS
We, the Heads of State and Government and High Representatives,
meeting at the United Nations Headquarters in New York on 19 September 2016 to
address the question of large movements of refugees and migrants, have adopted
the following Political Declaration.
1. Introduction
1.1 Since earliest
times, humanity has been on the move.
Some people move in search of new economic opportunities and
horizons. Others move to escape armed
conflict, poverty, food insecurity, persecution, terrorism, or human rights
violations and abuses. Still others do
so in response to the adverse effects of climate change, natural disasters
(some of which may be linked to climate change) or other environmental
factors. Many move, indeed, for a
combination of these reasons.
1.2 We have
considered today how best the international community should respond to the
growing global phenomenon of large movements of refugees and migrants.
1.3 We are witnessing in today’s world an unprecedented level of
human mobility. More people than ever
before live in a country other than the one where they were born. Migrants are present in all countries in the
world. Most of them move without
incident. In 2015 their number surpassed
244 million, growing at a rate faster than the world’s population. However, there are roughly 65 million
forcibly displaced persons, including over 21 million refugees, 3 million
asylum-seekers and over 40 million internally displaced persons.
1.4 In adopting a
year ago the 2030 Agenda for Sustainable Development, we recognized clearly the
positive contribution made by migrants for inclusive growth and sustainable development. Our world is a better place for that
contribution. The benefits and
opportunities of safe, orderly, and regular migration are substantial and are
often underestimated. Forced displacement
and irregular migration in large movements, on the other hand, often present
complex challenges.
1.5 We reaffirm the
purposes and principles of the United Nations Charter. We reaffirm also the Universal Declaration of
Human Rights and recall the core international human rights treaties. We reaffirm, and will fully protect, the
human rights of all refugees and migrants, regardless of status; all are rights
holders. Our response will demonstrate
full respect for international law and international human rights law, and,
where applicable, international refugee law and international humanitarian
law.
1.6 Though their
treatment is governed by separate legal frameworks, refugees and migrants have
the same universal human rights and fundamental freedoms. They also face many common challenges and
have similar vulnerabilities, including in the context of large movements. “Large movements” may be understood to
reflect a number of considerations, including: the number of people arriving;
the economic, social and geographical context; the capacity of a receiving
State to respond; and the impact of a movement which is sudden or
prolonged. The term does not, for
example, cover regular flows of migrants from one country to another. “Large movements” may involve mixed flows of
people, whether refugees or migrants, who move for different reasons but who
may use similar routes.
1.7 Large movements
of refugees and migrants have political, economic, social, developmental,
humanitarian and human rights ramifications which cross all borders. These are global phenomena which call for
global approaches and global solutions. No
one State can manage such movements on its own.
Neighbouring or transit countries, mostly developing countries, are
disproportionately affected. Their
capacities have been severely stretched in many cases, impacting on their own
social and economic cohesion and development. In addition, protracted refugee crises are now
commonplace, with long-term repercussions for those involved and also for their
host countries and communities. Greater international
cooperation is needed to assist host countries and communities.
1.8 We declare our
profound solidarity with, and support for, the millions of people in different
parts of the world who, for reasons beyond their control, are forced to uproot themselves
and their families from their homes.
1.9 Refugees and
migrants in large movements often face a desperate ordeal. Many take great risks, embarking on perilous
journeys which many may not survive.
Some feel compelled to employ the services of criminal groups, including
smugglers, and others may fall prey to such groups or become victims of
trafficking. Even if they reach their
destination, they face an uncertain reception and a precarious future.
1.10 We are determined to
save lives. Our challenge is above all moral
and humanitarian. Equally, we are
determined to find long-term and sustainable solutions. We will combat with all the means at our
disposal the abuses and exploitation suffered by countless refugees and
migrants in vulnerable situations.
1.11 We acknowledge a
shared responsibility to manage large movements of refugees and migrants in a humane,
sensitive, compassionate and people-centred manner. We will do so through international
cooperation, while recognizing that there are varying capacities and resources to
respond to these movements. International cooperation,
and in particular cooperation among countries of origin or nationality, transit
and destination, has never been more important; “win-win”
cooperation in this area has profound benefits for humanity. Refugees and migrants who are in
large movements must have comprehensive policy support, assistance and
protection consistent with States’ obligations under international law. We also recall our obligations to respect
their human rights and fundamental freedoms fully, and we stress their need to
live their lives in safety and dignity.
We pledge our support to those affected today as well as to those who
will be part of future large movements.
1.12 We are determined to
address the root causes of large movements of refugees and migrants, including
through increased efforts aimed at early prevention of crisis situations based
on preventive diplomacy. We will address
them also through the prevention and peaceful resolution of conflict, greater
coordination of humanitarian, development and peacebuilding efforts, promotion
of the rule of law at the national and international levels, and protection of
human rights. Equally, we will address
movements caused by poverty, instability, marginalization and exclusion, and
lack of development and economic opportunities, with particular reference to
the most vulnerable populations. We will
work with countries of origin to strengthen their capacities.
1.13 All human beings
are born free and equal in dignity and rights.
Everyone has the right to recognition everywhere as a person before the
law. We recall that our obligations
under international law prohibit discrimination of any kind on the basis of
race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status. Yet in many parts of the world we are
witnessing, with great concern, increasingly xenophobic and racist responses to
refugees and migrants.
1.14 We strongly condemn
acts and manifestations of racism, racial discrimination, xenophobia and
related intolerance against refugees and migrants, and the stereotypes often
applied to them, including on the basis of religion or belief. Diversity enriches every society and
contributes to social cohesion.
Demonising refugees or migrants offends profoundly against the values of
dignity and equality for every human being to which we have committed
ourselves. Gathered today at the United
Nations, the birthplace and custodian of these universal values, we deplore all
manifestations of xenophobia, racial discrimination and intolerance. We will take a range of steps to counter such
attitudes and behaviour, in particular hate crimes, hate speech and racial
violence. We welcome the global campaign
proposed by the Secretary General to counter xenophobia, and we will implement
it in cooperation with the United Nations and all relevant stakeholders, in
accordance with international law. This
campaign will emphasize, inter alia, direct personal contact between host
communities and refugees and migrants and will highlight the positive
contributions made by the latter as well as our common humanity.
1.15 We invite the
private sector and civil society, including refugee and migrant organizations,
to participate in multi-stakeholder alliances to support efforts to implement
the commitments we are making today.
1.16 In the 2030 Agenda
for Sustainable Development, we pledged that “no one will be left behind”. We declared that we wished to see the new
goals and targets met for all nations and peoples and for all segments of
society. We said also that we will
endeavour to reach the furthest behind first.
We reaffirm today our commitments which relate to the specific needs of
migrants or refugees. The Agenda makes
clear, inter alia, that we will “facilitate orderly, safe, regular and
responsible migration and mobility of people, including through the
implementation of planned and well-managed migration policies”. The needs of refugees, internally displaced
persons and migrants are explicitly recognized.
1.17 Implementation of
all relevant provisions of the Agenda will enable the positive contribution which migrants are making
to sustainable development to be reinforced.
At the same time, it will address many of the root causes of forced
displacement, helping to create more favourable conditions in countries of
origin. Meeting today a year after our
adoption of the 2030 Agenda, we are determined to realize the full potential of
that Agenda for refugees and migrants.
1.18 We recall the
Sendai Framework for Disaster Risk Reduction and its recommendations concerning
measures to mitigate risks associated with disasters. States who have signed and ratified the Paris
Agreement on Climate Change welcome that agreement and are committed to its
implementation. We reaffirm the Addis
Ababa Action Agenda, including its provisions which are applicable to refugees
and migrants.
1.19 We take note of the
report from the Secretary-General, entitled “In Safety and Dignity: Addressing Large Movements of Refugees and
Migrants”, which was published in May 2016 (pursuant to GA Decision A/70/L.34)
in preparation for this High Level Meeting.
While recognizing that these conferences either did not have an
intergovernmentally agreed outcome or were regional in scope, we take note of
the World Humanitarian Summit (May 2016), the High Level Meeting on Global
Responsibility Sharing through Pathways for Admission of Syrian Refugees (March
2016), the London Conference on Supporting Syria and the Region (February
2016), and the Ministerial Pledging Conference on Somali Refugees (October
2015). While recognizing that these are
regional in nature and apply only to those countries participating in them, we
take note of regional initiatives such as the Bali Process, the EU-Horn of
Africa Migration Route Initiative (the Khartoum Process), the Rabat Process,
the Valletta Action Plan, the Brazil Declaration and Plan of Action, and the
African Union-Horn of Africa Initiative on Human Trafficking and Smuggling of
Migrants.
1.20 We recognize the
very large number of people who are displaced within national borders, and the
potential for such persons to seek protection and assistance in other countries
as refugees or migrants. We note the
need for reflection on effective strategies to ensure adequate protection and
assistance for internally displaced persons, and to prevent and reduce such
displacement.
2. Commitments
We have endorsed
today a set of commitments which apply to both refugees and migrants and also
sets of commitments for refugees and migrants respectively. We do so taking into account different
national realities, capacities and levels of development and respecting national
policies and priorities. We reaffirm our
commitment to international law and emphasize that this Declaration and its
Annexes are to be implemented in a manner that is consistent with the rights
and obligations of States under international law. While some commitments are mainly applicable
to one group, they may also be applicable to the other. Furthermore, while they are all framed in the
context of the large movements we are considering today, many may be applicable
also to regular migration. In addition,
Annex I to this Declaration contains a Comprehensive Refugee Response Framework
and outlines steps toward the achievement of a Global Compact on refugees in
2018, while Annex II sets out steps towards the achievement of a Global Compact
for Safe, Orderly and Regular Migration in 2018.
Commitments which apply to both refugees
and migrants
2.1 Underlining
the importance of a comprehensive approach to the issues involved, we will
ensure a people-centred, sensitive, humane,
dignified, gender-responsive and prompt reception for all persons arriving in
our countries, and particularly those in large movements, whether refugees or
migrants. We will also ensure full
respect and protection for their human rights and fundamental freedoms.
2.2 We
recognize, and will address in accordance with our obligations under
international law, the special needs of all people in vulnerable situations who
are travelling within large movements of refugees and migrants, including women
at risk; children (especially those who are unaccompanied or separated from
their families); members of ethnic and religious minorities; victims of
violence; older persons; persons with disabilities; persons who are
discriminated against on any basis; indigenous peoples; victims of human trafficking;
and victims of exploitation and abuse in the context of migrant smuggling.
2.3 Recognizing
that States have rights and responsibilities to manage and control their
borders, we will implement border control procedures in conformity with
applicable obligations under international law, including international human
rights law and international refugee law.
We will promote international cooperation on border control and
management as an important element of security for States, including issues
relating to battling transnational organised crime, terrorism and illicit
trade. We will ensure that public
officials and law enforcement officers who work in border areas are trained to
uphold the human rights of all persons crossing, or seeking to cross,
international borders. We will
strengthen international border management cooperation, including in relation
to training and the exchange of best practices.
We will intensify support in this area and help to build capacity as
appropriate. We reaffirm that, in line
with the principle of non-refoulement, individuals must not be returned at
borders. We acknowledge also that, while
upholding these obligations and principles, States are entitled to take
measures to prevent irregular border crossings.
2.4 We
will make efforts to collect accurate information regarding large movements of
refugees and migrants. We will also
take measures to identify correctly their nationalities, as well as their
reasons for movement. We will take
measures to identify those who are seeking international protection as
refugees.
2.5 We
will continue to protect the human rights and fundamental freedoms of all
persons in transit and after arrival. We
stress the importance of the immediate needs of persons, who have been exposed
to physical or psychological abuse while in transit, being addressed upon their
arrival, without discrimination and without regard to legal or migratory status
or means of transportation. For this
purpose, we will consider appropriate support to strengthen, at their request,
capacity-building for countries which receive large movements of refugees and
migrants.
2.6 We
are determined to address unsafe movements, with particular reference to
irregular movements. We will do so without
prejudice to the right to seek asylum.
We will combat the exploitation, abuse and discrimination suffered by
many refugees and migrants.
2.7 We
express our profound concern at the large number of people who have lost their
lives in transit. We commend the
efforts already made to rescue people in distress at sea. We commit to intensifying international
cooperation on the strengthening of search and rescue mechanisms. We will also work to improve the availability
of accurate data on the whereabouts of people and vessels who are stranded at
sea. And we will strengthen support for
rescue efforts over land along dangerous or isolated routes. We will draw attention to the risks involved
in the use of such routes in the first instance.
2.8 We
recognize, and will take steps to address, the particular vulnerabilities of
women and children during the journey from country of origin to country of
arrival. This includes their potential
exposure to discrimination and exploitation, as well as to sexual, physical and
psychological abuse, violence, human trafficking and contemporary forms of
slavery.
2.9 We encourage
States to address the vulnerabilities to HIV and the specific healthcare needs
experienced by migrant and mobile populations, as well as by refugees and
crisis-affected populations, and to take steps to reduce stigma, discrimination
and violence, as well as to review policies related to restrictions of entry
based on HIV status with a view to eliminating such restrictions and the return
of people on the basis of their HIV status, and to support their access to HIV
prevention, treatment, care and support.
2.10 We
will ensure that our responses to large movements of refugees and migrants mainstream
a gender perspective, promote gender equality and the empowerment of all women and girls, and fully respect and
protect the human rights of women and girls.
We will combat sexual and gender-based violence to the greatest extent possible. We will provide access to sexual and reproductive
health-care services. We will tackle the
multiple and intersecting forms of discrimination against refugee and migrant
women and girls. And at the same time,
recognizing the significant contribution and leadership of women in refugee and
migrant communities, we will work to ensure their full, equal and meaningful
participation in the development of local solutions and opportunities. We will take into consideration the different
needs, vulnerabilities and capacities of women, girls, boys, and men.
2.11 We
will protect the human rights and fundamental freedoms of all refugee and
migrant children, regardless of their status, and giving primary consideration
at all times to the best interests of the child. This will apply particularly to unaccompanied
children and those separated from their families; we will refer their care to
the relevant national child protection authorities and other relevant
authorities. We will comply with our
obligations under the Convention on the Rights of the Child. We will work to provide for basic health,
education, and psychosocial development and for the registration of all births
on our territories. We are determined
to ensure that all children are in education within a few months of arrival,
and we will prioritize budgetary provision to facilitate this, including
support for host countries as required.
We will strive to provide refugee and migrant children with a nurturing
environment for the full realization of their rights and capabilities.
2.12 Reaffirming
that all individuals who have crossed, or are seeking to cross, international
borders are entitled to due process in the assessment of their legal status,
entry and stay, we will consider reviewing policies that criminalize
cross-border movements. We will also
pursue alternatives to detention while these assessments are underway. Furthermore, recognizing that detention for
the purposes of determining migration status is seldom, if ever, in the best interest
of the child, we will use it only as a measure of last resort, in the least
restrictive setting, for the shortest possible period of time, under conditions
that respect their human rights and in a manner that takes into account, as a
primary consideration, the best interest of the child, and we will work towards
the ending of this practice.
2.13 Reaffirming
the importance of the UN Convention against Transnational Organized Crime and
the two relevant Protocols thereto, we encourage ratification of, accession to
and implementation of relevant international instruments on preventing and
combatting trafficking in persons and the smuggling of migrants.
2.14 We
recognize that refugees and migrants in large movements are at greater risk of
being trafficked and of being subjected to forced labour. We will, with full respect for our
obligations under international law, vigorously combat human trafficking and
migrant smuggling with a view to their elimination, including through targeted
measures to identify victims of human trafficking or those at risk of
trafficking. We will provide support for
the victims of human trafficking. We
will work to prevent human trafficking among those affected by displacement.
2.15 With a
view to disrupting and eliminating the criminal networks involved, we will review
our national legislation to ensure conformity with our obligations under
international law on migrant smuggling, human trafficking and maritime safety. We will implement the United Nations Global
Plan of Action to Combat Trafficking In Persons. We will establish or upgrade, as appropriate,
national and regional anti-human trafficking policies. We note regional initiatives such as the
African Union Horn of Africa Initiative on Human Trafficking and Smuggling of
Migrants, the ASEAN Plan of Action Against Trafficking in Persons, Especially
Women and Children, the EU Strategy toward the Eradication of Trafficking in
Human Beings, and the Work Plans against Trafficking in Persons in the Western
Hemisphere. We welcome reinforced
technical cooperation, on a regional and bilateral basis, between countries of
origin, transit and destination on the prevention of human trafficking and migrant
smuggling and the prosecution of traffickers and smugglers.
2.16 We favour an
approach to addressing drivers and root causes of large movements of refugees
and migrants, including forced displacement and protracted crises which would inter
alia reduce vulnerability, combat poverty, improve self-reliance and
resilience, ensure a strengthened humanitarian-development nexus, and improve
coordination with peacebuilding efforts.
This will involve coordinated prioritized responses based on joint and
impartial needs assessment and facilitating cooperation across institutional
mandates.
2.17 We will take
measures to provide, on the basis of bilateral, regional and international
cooperation, humanitarian financing which is adequate, flexible, predictable
and consistent to enable host countries and communities to respond both to the
immediate humanitarian needs and to their longer-term development needs. There is a need to address gaps in
humanitarian funding, considering additional resources as appropriate. We look forward to close cooperation in this
regard among Member States, UN agencies and other actors and between the UN and
international financial institutions such as the World Bank, where appropriate. We envisage innovative financing responses,
risk financing for affected communities, and implementation of other
efficiencies (reducing management costs, improving transparency, increasing use
of national responders, expanding use of cash assistance, reducing duplication,
increasing engagement with beneficiaries, diminishing earmarked funding, and
harmonizing reporting) so as to ensure a more effective use of existing
resources.
2.18 We
commit to combatting xenophobia, racism and discrimination in our societies
against refugees and migrants. We will
take measures to improve their integration and inclusion, as appropriate, and
with particular reference to access to education, healthcare, access to justice
and language training. We recognize that
these measures will reduce the risks of marginalization and
radicalization. National policies relating
to integration and inclusion will be developed, as appropriate, in conjunction
with relevant civil society organizations (including faith-based
organizations), the private sector, employers’ and workers’ organizations and
other stakeholders. We also note the
obligation on refugees and migrants to observe the laws and regulations of
their host countries.
2.19 We
recognize the importance of improved data collection, particularly by national
authorities, and will enhance international cooperation to this end, including
through capacity-building, financial support and technical assistance. Such data should be disaggregated by sex and
age and include information on regular and irregular flows, the economic
impacts of migration and refugee movements, human trafficking, the needs of
refugees, migrants and host communities and other issues. We will do so consistent with our national
legislation on data protection, if applicable, and our international
obligations related to privacy, as applicable.
3. Commitments for migrants
3.1 We
are committed to protecting the safety, dignity and human rights and
fundamental freedoms of all migrants, regardless of their migratory status at
all times. We will cooperate closely
with each other to facilitate and ensure safe, orderly, and regular migration,
including return and readmission, taking into account national legislation.
3.2 We commit
to safeguarding the rights of, protecting the interests of, and assisting our
migrant communities abroad, including through consular protection, assistance
and cooperation, in accordance with relevant international law. We reaffirm that everyone has the right to
leave any country, including his or her own, and to return to his or her
country. We recall at the same time that
each State has a sovereign right to determine who to admit to its territory,
subject to that State’s international obligations. We recall also that States must readmit their
returning nationals and ensure that they are duly received without undue delay,
following confirmation of their nationalities in accordance with national
legislation. We will take measures to
inform migrants about the various processes relating to their arrival and stay
in countries of transit, destination and return.
3.3 We
commit to addressing the drivers that create, or exacerbate, large
movements. We will analyse and respond
to the factors, including in countries of origin, which lead to, or contribute
to, large movements. We will cooperate
to create conditions that allow communities and individuals to live in peace
and prosperity in their homelands.
Migration should be a choice, not a necessity. We will take measures, inter alia, to
implement the 2030 Agenda for Sustainable Development, whose objectives include
eradicating extreme poverty and inequality; revitalizing the global partnership
for sustainable development; promoting peaceful and inclusive societies based
on international human rights and rule of law; creating conditions for
balanced, sustainable and inclusive economic growth and employment; combatting
environmental degradation; and ensuring effective responses to natural
disasters and the adverse impacts of climate change.
3.4 Recognizing
that lack of educational opportunities is often a push factor for migration,
particularly of young people, we commit to strengthening capacities in
countries of origin, including in educational institutions. We commit also to enhancing employment
opportunities, particularly for young people, in countries of origin. We acknowledge also the impact of migration
on human capital in countries of origin.
3.5 We
will consider reviewing our migration policies with a view to examining their
possible unintended negative consequences.
3.6 We
also recognise that international migration is a multidimensional reality of
major relevance for the development of countries of origin, transit and
destination which requires coherent and comprehensive responses. Migrants can make positive and profound contributions
to economic and social development in their host societies and to global wealth
creation. They can help to respond to
demographic trends, labour shortages and other challenges in host societies,
and add fresh skills and dynamism to the latter’s economies. We recognize the development benefits of
migration to countries of origin, including through the involvement of
diasporas in economic development and reconstruction. We will commit to reducing the costs of
labour migration and promote ethical recruitment policies and practices between
sending and receiving countries. We will
promote faster, cheaper and safer transfer of migrant remittances in both
source and recipient countries, including through a reduction of transaction
costs, as well as the facilitation of interaction between diasporas and their
countries of origin. We would like these
contributions to be more widely recognized and, indeed, strengthened in the
context of implementation of the 2030 Agenda.
3.7 We
will ensure that all aspects of migration are integrated in global, regional
and national sustainable development plans and in humanitarian, peacebuilding
and human rights policies and programmes.
3.8 We
call upon States that have not done so to consider ratifying, or acceding to,
the 1990 Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families. We call also
on States that have not done so to consider acceding to relevant International
Labour Organization conventions, as appropriate. We note, in addition, that migrants enjoy
rights and protection under various provisions of international law.
3.9 We
commit to strengthening global governance of migration. We therefore warmly support and welcome the
agreement to bring the International Organization for Migration, an
organization regarded by its Member States as the global lead agency on migration,
into a closer legal and working relationship with the United Nations as a
related organization. We look forward to
the implementation of this agreement which will assist and protect migrants
more comprehensively, help States to address migration issues and promote
better coherence between migration and related policy domains.
3.10 We
will assist, impartially and on the basis of needs, migrants in countries which
are experiencing conflicts or natural disasters, working, as applicable, in
coordination with the relevant national authorities. While recognizing that not all States are
participating in them, we note in this regard the “Migrants in Countries in
Crisis” initiative and the Agenda for the Protection of Cross-Border Displaced
Persons in the Context of Disasters and Climate Change resulting from the
Nansen Initiative.
3.11 We
take note of the work done by the Global Migration Group to develop principles
and practical guidance on the protection of the human rights of migrants in
vulnerable situations.
3.12 We
will consider developing non-binding guiding principles and voluntary guidelines,
consistent with international law, on the treatment of migrants in vulnerable
situations (especially unaccompanied and separated children) who do not qualify
for international protection as refugees and who may need assistance. These guiding principles and guidelines will
be developed using a State-led process with the involvement of all relevant
stakeholders and with input from the Special Representative of the Secretary
General on International Migration, the International Organization for
Migration, OHCHR, UNHCR and other relevant UN entities. These would complement national efforts to
protect and assist migrants.
3.13 We welcome the willingness of some
States to provide temporary protection against return to migrants who do not
qualify for refugee status and who are unable to return home due to conditions
in their countries.
3.14 We
will build on existing bilateral, regional and global cooperation and
partnership mechanisms, in accordance with international law, for facilitating
migration in line with the 2030 Agenda.
We will strengthen cooperation to this end among countries of origin,
transit and destination (including through regional consultative processes),
international organizations, the International Red Cross and Red Crescent
Movement, regional economic organizations, and local government authorities, as
well as with relevant private sector recruiters and employers, labour unions,
civil society and migrant and diaspora groups. We recognize the particular needs of local
authorities who are the first receivers of migrants.
3.15 We
recognise the progress made on international migration and development issues
within the United Nations system, including the first and second High-Level
Dialogues on International Migration and Development. We will support enhanced global and regional
dialogue and deepened collaboration on migration, particularly through
exchanges of best practice and mutual learning and the development of national
or regional initiatives. We note in this
regard the valuable contribution of the Global Forum on Migration and
Development and acknowledge the importance of multi-stakeholder dialogues on
migration and development.
3.16 We
affirm that children should not be criminalized or subject to punitive measures
because of their or their parents’ migration status.
3.17 We
will consider facilitating opportunities for safe, orderly, and regular
migration, including, as appropriate, employment creation, labour mobility at
all skills levels, circular migration, family reunification and
education-related opportunities. We will
pay particular attention to the application of minimum labour standards for
migrant workers regardless of their status, as well as to recruitment and other
migration-related costs, remittance flows, transfers of skills and knowledge
and the creation of employment opportunities for young people.
3.18 We
strongly encourage cooperation among countries of origin or nationality,
countries of transit, countries of destination and other relevant countries in
ensuring that migrants who do not have permission to stay in the country of
destination can return, in accordance with international obligations of all
States, to their country of origin or nationality in a safe, orderly and
dignified manner, preferably on a voluntary basis, taking into account national
legislation in line with international law.
We note that cooperation on return and readmission forms an important
element of international cooperation on migration. Such cooperation would include ensuring
proper identification and provision of relevant travel documents. Any type of return, whether voluntary or
otherwise, must be consistent with our obligations under international human
rights law and in compliance with the principle of non-refoulement. It should also respect the rules of
international law and must in addition be conducted in keeping with the best
interests of the child and with due process.
While recognizing that these apply only to States that have entered into
them, existing readmission agreements should be fully implemented. We support enhanced reception and reintegration
assistance for those who are returned.
Particular attention should be paid to the needs of migrants in
vulnerable situations who return, such as children, older persons, persons with
disabilities, and victims of trafficking.
3.19 We
reaffirm our commitment to protect the human rights of migrant children, given
their vulnerability, particularly unaccompanied migrant children, and to
provide access to basic health, education and psychosocial services, ensuring
that the best interests of the child is a primary consideration in all relevant
policies.
3.20 We
recognize the need to address the special situation and vulnerability of
migrant women and girls by, inter alia, incorporating a gender perspective into
migration policies and strengthening national laws, institutions and programmes
to combat gender-based violence, including trafficking in persons and
discrimination against women and girls.
3.21 While
recognizing the contribution of civil society, including non-governmental
organizations, to promoting the well-being of migrants and their integration
into societies, especially at times of extreme vulnerable conditions, and the
support of the international community to the efforts of such organizations, we
encourage deeper interaction between Governments and civil society to find
responses to the challenges and the opportunities posed by international
migration.
3.22 We note that the Special Representative
of the Secretary General on International Migration, Peter Sutherland, will be
providing before the end of the year a report which will propose ways of
strengthening international cooperation and the engagement of the United
Nations on migration.
3.23 We commit to launch
this year a process of intergovernmental negotiations leading to the adoption
of a Global Compact for Safe, Orderly and Regular Migration in 2018 at an
intergovernmental conference. We invite
the President of the General Assembly to make arrangements for determination of
the modalities, timeline and other practicalities relating to the negotiation
process. Further details regarding this
process are set out in Annex 2 to this Declaration.
4. Commitments for refugees
4.1 Recognizing that
armed conflict, persecution, violence and other reasons, including terrorism, are
among the factors which give rise to large refugee movements, we will work to address
the root causes of such crisis situations and to prevent or resolve conflict by
peaceful means. We will work in every
way possible for the peaceful settlement of disputes, the prevention of
conflict and the achievement of the long-term political solutions
required. Preventive diplomacy and early
response to conflict on the part of States and the UN are critical. The promotion of human rights is also
critical. In addition, we will also promote
good governance, the rule of law, effective, accountable and inclusive
institutions, and sustainable development at the international, regional,
national and local levels. Recognizing
that displacement could be reduced if international humanitarian law were
respected by all parties to armed conflict, we renew our commitment to uphold
humanitarian principles and international humanitarian law. We confirm also our respect for the rules
which safeguard civilians in conflict.
4.2 We reaffirm the
1951 Convention relating to the Status of Refugees and the 1967 Protocol
thereto as the foundation of the international refugee protection regime. We recognize the importance of their full and
effective application by States parties and the values they embody. We note with satisfaction that 148 States
are now parties to one or both instruments.
We encourage States not parties to consider acceding to those
instruments and States parties with reservations to give consideration to
withdrawing them. We recognize also that
a number of States not parties to the international refugee instruments have
shown a generous approach to hosting refugees.
4.3 We reaffirm that
international refugee law, international human rights law and international
humanitarian law provide the legal framework to strengthen the protection of
refugees. We will ensure, in this
context, protection for all who need it.
We note regional refugee instruments, such as the OAU Convention
Governing the Specific Aspects of Refugee Problems in Africa and the Cartagena
Declaration on Refugees.
4.4 We reaffirm
respect for the institution of asylum and the right to seek asylum. We reaffirm also respect for, and adherence
to, the fundamental principle of non-refoulement in accordance with international
refugee law.
4.5 We underline the
centrality of international cooperation to the refugee protection regime. We recognize the burdens that large movements
of refugees place on national resources, especially in the case of developing countries. To address the needs of refugees and
receiving States, we commit to a more equitable sharing of the burden and
responsibility for hosting and supporting the world’s refugees, while taking
account of existing contributions and the differing capacities and resources
among States.
4.6 We
believe that a comprehensive refugee response should be developed and initiated
by UNHCR in close coordination with relevant States, including host countries, and
involving other relevant UN entities, for each situation involving large
movements of refugees. This
should involve a multi-stakeholder approach spanning national and local
authorities, international organizations, international financial institutions,
civil society partners (including faith-based organisations, diaspora
organizations and academia), the private sector, the media and refugees
themselves. A comprehensive framework of
this kind is annexed to this Declaration.
4.7
We will ensure that refugee admission policies
or arrangements are in line with our obligations under international law. We wish
to see administrative barriers eased with a view to accelerating refugee
admission procedures to the extent possible.
We will, where appropriate, assist States to conduct early and effective
registration and documentation of refugees.
We will also promote access for children to child-appropriate
procedures. At the same time, we recognize that refugees’ ability to lodge asylum
claims in the country of their choice may be regulated, subject to the safeguard
that they will have access to, and enjoyment of, protection elsewhere.
4.8
We encourage the adoption of
measures which would facilitate access to civil registration and documentation
for refugees. We recognize in this
regard the importance of early and effective registration and documentation, as
a protection tool and to facilitate the provision of humanitarian assistance.
4.9 We recognize that
statelessness can be a root cause of forced displacement; in turn, forced
displacement can lead to statelessness.
We take note of UNHCR’s campaign to end statelessness within a decade
and we encourage States to consider actions they could take to reduce the
incidence of statelessness. We encourage
those States who have not yet acceded to the two conventions for the prevention
and reduction of statelessness to consider doing so.
4.10 We recognise that
refugee camps should be the exception and, to the extent possible, a temporary
measure in response to an emergency. We
note that 60% of refugees worldwide are in urban settings and only a minority
are in camps; we will ensure that the delivery of assistance to refugees and
host communities is adapted to the relevant context. We underline that host States have the
primary responsibility to ensure the civilian and humanitarian character of
refugee camps and settlements. We will
work to ensure that this character is not compromised by the presence or
activities of armed elements and to ensure that camps are not used for purposes
that are incompatible with their civilian character. We will work to strengthen security in
refugee camps and surrounding local communities, at the request and with the
consent of the host country.
4.11
Welcoming the extraordinarily
generous contribution made to date by countries which host large refugee
populations, we will work to increase the support for these countries and we
call for pledges made at relevant conferences to be disbursed promptly.
4.12 We commit to working towards solutions
from the outset of a refugee situation.
We will actively promote durable solutions, particularly in protracted
refugee situations, with a focus on sustainable and timely return in safety and
dignity. Such return encompasses
repatriation, reintegration, rehabilitation and reconstruction activities. We encourage States and other relevant actors
to provide support through, inter alia, the allocation of funds.
4.13 We reaffirm that
voluntary repatriation should not necessarily be conditioned on the
accomplishment of political solutions in the country of origin.
4.14 We intend to expand
the number and range of legal pathways available for refugees to be admitted
to, or resettled in, third countries. In
addition to easing the plight of refugees, this has benefits for countries who
host large refugee populations and for third countries who receive refugees.
4.15 We urge States who
have not yet established resettlement programmes to consider doing so at the
earliest opportunity; those who have already done so are encouraged to consider
increases in the size of their programmes.
It is our aim to provide resettlement places and other legal pathways
for admission on a scale which would enable the annual resettlement needs
identified by UNHCR to be met.
4.16 We will consider developing
measures such as the expansion of existing humanitarian admission programmes;
possible temporary evacuation programmes (including evacuation for medical
reasons); flexible arrangements to assist family reunification; private
sponsorship for individual refugees; and labour mobility opportunities for
refugees (including through private-sector partnerships) and for education
(e.g. scholarships and student visas).
4.17 We are committed to
providing humanitarian assistance to refugees so as to ensure essential support
in key life-saving sectors, e.g. healthcare, shelter, food, water and sanitation. We commit to supporting host countries and
communities in this regard, including by using locally available knowledge and
capacities. We will support
community-based development programmes that benefit both refugees and host
communities.
4.18 We are determined to
provide quality primary and secondary education in safe learning environments for
all refugee children, and to do so within a few months of the initial
displacement. We commit to providing
host countries with support in this regard.
Access to quality education, including for host communities, gives
fundamental protection to children and youth in displacement contexts,
particularly in situations of conflict and crisis.
4.19 We will support early childhood
education for refugee children. We will
also promote tertiary education, skills training and vocational education. In conflict and crisis situations, higher
education serves as a powerful driver for change, shelters and protects a
critical group of young men and women by maintaining their hopes for the
future, fosters inclusion and non-discrimination, and acts as a catalyst for
the recovery and rebuilding of post-conflict countries.
4.20 We will work to ensure that the basic
health needs of refugee communities are met, and that women and girls have
access to essential healthcare services.
We commit to providing host countries with support in this regard. We will also develop national strategies for
the protection of refugees within the framework of national social protection
systems, as appropriate.
4.21 Welcoming the
positive steps taken by individual States, we encourage host governments to
consider opening their labour markets to refugees. We will work to strengthen host countries’
and communities’ resilience, assisting them, for example, with employment
creation and income generation schemes.
In this regard, we recognize the potential of young people and will work
to create conditions for growth, employment and education which allow them to
be the drivers of development.
4.22 To meet the
challenge posed by large movements of refugees, close coordination will be
required between a range of humanitarian and development actors. We commit to putting those most affected at
the centre of planning and action. Host
Governments and communities may need support from relevant UN agencies, local
authorities, international financial institutions, regional development banks,
bilateral donors, the private sector and civil society. We strongly encourage joined-up responses
involving all such players which would strengthen the nexus between
humanitarian and development actors, facilitate cooperation across
institutional mandates and, by helping to build self-reliance and resilience,
lay a basis for sustainable solutions.
In addition to meeting direct humanitarian and development needs, we
will work to support environmental, social and infrastructural rehabilitation
in areas affected by large movements of refugees.
4.23 We note with
concern a significant gap between the needs of refugees and the available
resources. We encourage support from a
broader range of donors and we will take measures to make humanitarian
financing more flexible and predictable, with diminished earmarking and
increased multi-year funding, in order to close this gap. UN agencies such as UNHCR and UNRWA and other
relevant organizations require sufficient funding to be able to carry out their
activities effectively and in a predictable manner. We welcome the increasing engagement of the
World Bank and multilateral development banks and improvements in access to
concessional development financing for affected communities. It is clear, furthermore, that private sector
investment in support of refugee communities and host countries will be of
critical importance over the coming years.
Civil society is also a key partner in every region of the world in
responding to the needs of refugees.
4.24 We note the high-level meeting on
refugees which the United States, Canada, Ethiopia, Germany, Jordan, Mexico,
Sweden and the Secretary General will host on 20 September 2016.
5. Follow-up and review of our commitments
5.1 We recognize that
arrangements are needed to ensure systematic follow-up and review of the range
of commitments we are making today.
Accordingly, we request the Secretary General to ensure that the
progress made by Member States and the UN in implementing the commitments made
at today’s High Level Meeting will be the subject of periodic assessments
provided to the General Assembly with reference, as appropriate, to the 2030
Agenda for Sustainable Development.
5.2 In addition, a role in reviewing relevant aspects should be
envisaged for the periodic High Level Dialogues on International Migration and
Development and for the annual report of the UN High Commissioner for Refugees
to the General Assembly.
5.3 In recognition of
the need for significant financial and programme support to host countries and
communities affected by large movements of refugees and migrants, we request
the Secretary General to report to the General Assembly during its 71st
session on ways of achieving greater efficiency, operational effectiveness and
system-wide coherence, as well as ways of strengthening the engagement of the
United Nations with International Financial Institutions and the private
sector, with a view to fully implementing the commitments outlined in this
Declaration.
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