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Programme of Action of the International Conference on Population and Development
Chapter 10 : International Migration
A. International migration and development
B. Documented migrants
C. Undocumented migrants
D. Refugees, asylum-seekers and displaced persons
A. International migration and development
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Basis for action
10.1. International economic, political and cultural interrelations play an important
role in the flow of people between countries, whether they are developing, developed or
with economies in transition. In its diverse types, international migration is linked to
such interrelations and both affects and is affected by the development process.
International economic imbalances, poverty and environmental degradation, combined with
the absence of peace and security, human rights violations and the varying degrees of
development of judicial and democratic institutions are all factors affecting
international migration. Although most international migration flows occur between
neighbouring countries, interregional migration, particularly that directed to developed
countries, has been growing. It is estimated that the number of international migrants in
the world, including refugees, is in excess of 125 million, about half of them in the
developing countries. In recent years, the main receiving countries in the developed world
registered a net migration intake of approximately 1.4 million persons annually, about two
thirds of whom originated in developing countries. Orderly international migration can
have positive impacts on both the communities of origin and the communities of
destination, providing the former with remittances and the latter with needed human
resources. International migration also has the potential of facilitating the transfer of
skills and contributing to cultural enrichment. However, international migration entails
the loss of human resources for many countries of origin and may give rise to political,
economic or social tensions in countries of destination. To be effective, international
migration policies need to take into account the economic constraints of the receiving
country, the impact of migration on the host society and its effects on countries of
origin. The long-term manageability of international migration hinges on making the option
to remain in one's country a viable one for all people. Sustainable economic growth with
equity and development strategies consistent with this aim are a necessary means to that
end. In addition, more effective use can be made of the potential contribution that
expatriate nationals can make to the economic development of their countries of origin.
Objectives
10.2. The objectives are:
(a) To address the root causes of migration, especially those related to poverty;
(b) To encourage more cooperation and dialogue between countries of origin and
countries of destination in order to maximize the benefits of migration to those concerned
and increase the likelihood that migration has positive consequences for the development
of both sending and receiving countries;
(c) To facilitate the reintegration process of returning migrants.
Actions
10.3. Governments of countries of origin and of countries of destination should seek to
make the option of remaining in one's country viable for all people. To that end, efforts
to achieve sustainable economic and social development, ensuring a better economic balance
between developed and developing countries and countries with economies in transition,
should be strengthened. It is also necessary to increase efforts to defuse international
and internal conflicts before they escalate; to ensure that the rights of persons
belonging to ethnic, religious or linguistic minorities, and indigenous people are
respected; and to respect the rule of law, promote good governance, strengthen democracy
and promote human rights. Furthermore, greater support should be provided for the
attainment of national and household food security, for education, nutrition, health and
population-related programmes and to ensure effective environmental protection. Such
efforts may require national and international financial assistance, reassessment of
commercial and tariff relations, increased access to world markets and stepped-up efforts
on the part of developing countries and countries with economies in transition to create a
domestic framework for sustainable economic growth with an emphasis on job creation. The
economic situation in those countries is likely to improve only gradually and, therefore,
migration flows from those countries are likely to decline only in the long term; in the
interim, the acute problems currently observed will cause migration flows to continue for
the short-to-medium term, and Governments are accordingly urged to adopt transparent
international migration policies and programmes to manage those flows.
10.4. Governments of countries of origin wishing to foster the inflow of remittances
and their productive use for development should adopt sound exchange rate, monetary and
economic policies, facilitate the provision of banking facilities that enable the safe and
timely transfer of migrants' funds, and promote the conditions necessary to increase
domestic savings and channel them into productive investment.
10.5. Governments of countries of destination are invited to consider the use of
certain forms of temporary migration, such as short-term and project-related migration, as
a means of improving the skills of nationals of countries of origin, especially developing
countries and countries with economies in transition. To that end, they should consider,
as appropriate, entering into bilateral or multilateral agreements. Appropriate steps
should be taken to safeguard the wages and working conditions of both migrant and native
workers in the affected sectors. Governments of countries of origin are urged to
facilitate the return of migrants and their reintegration into their home communities, and
to devise ways of using their skills. Governments of countries of origin should consider
collaborating with countries of destination and engaging the support of appropriate
international organizations in promoting the return on a voluntary basis of qualified
migrants who can play a crucial role in the transfer of knowledge, skills and technology.
Countries of destination are encouraged to facilitate return migration by adopting
flexible policies, such as the transferability of pensions and other work benefits.
10.6. Governments of countries affected by international migration are invited to
cooperate, with a view to integrating the issue into their political and economic agendas
and engaging in technical cooperation to aid developing countries and countries with
economies in transition in addressing the impact of international migration. Governments
are urged to exchange information regarding their international migration policies and the
regulations governing the admission and stay of migrants in their territories. States that
have not already done so are invited to consider ratifying the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families.
10.7. Governments are encouraged to consider requests for migration from countries
whose existence, according to available scientific evidence, is imminently threatened by
global warming and climate change.
10.8. In cooperation with international and non-governmental organizations and research
institutions, Governments should support the gathering of data on flows and stocks of
international migrants and on factors causing migration, as well as the monitoring of
international migration. The identification of strategies to ensure that migration
contributes to development and international relations should also be supported. The role
of international organizations with mandates in the area of migration should be
strengthened so that they can deliver adequate technical support to developing countries,
advise in the management of international migration flows and promote intergovernmental
cooperation through, inter alia, bilateral and multilateral negotiations, as appropriate.
B. Documented migrants
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Basis for action
10.9. Documented migrants are those who satisfy all the legal requirements to enter,
stay and, if applicable, hold employment in the country of destination. In some countries,
many documented migrants have, over time, acquired the right to long-term residence. In
such cases, the integration of documented migrants into the host society is generally
desirable, and for that purpose it is important to extend to them the same social,
economic and legal rights as those enjoyed by citizens, in accordance with national
legislation. The family reunification of documented migrants is an important factor in
international migration. It is also important to protect documented migrants and their
families from racism, ethnocentrism and xenophobia, and to respect their physical
integrity, dignity, religious beliefs and cultural values.
Documented migration is generally beneficial to the host country, since migrants are in
general concentrated in the most productive ages and have skills needed by the receiving
country, and their admission is congruent with the policies of the Government. The
remittances of documented migrants to their countries of origin often constitute a very
important source of foreign exchange and are instrumental in improving the well-being of
relatives left behind.
Objectives
10.10. The objectives are:
(a) To ensure the social and economic integration of documented migrants, especially of
those who have acquired the right to long-term residence in the country of destination,
and their equal treatment before the law;
(b) To eliminate discriminatory practices against documented migrants, especially
women, children and the elderly;
(c) To ensure protection against racism, ethnocentrism and xenophobia;
(d) To promote the welfare of documented migrants and members of their families;
(e) To ensure the respect of the cultural and religious values, beliefs and practices
of documented migrants, in so far as they accord with national legislation and universally
recognized human rights;
(f) To take into account the special needs and circumstances of temporary migrants.
Actions
10.11. Governments of receiving countries are urged to consider extending to documented
migrants who meet appropriate length-of-stay requirements, and to members of their
families whose stay in the receiving country is regular, treatment equal to that accorded
their own nationals with regard to the enjoyment of basic human rights, including equality
of opportunity and treatment in respect of religious practices, working conditions, social
security, participation in trade unions, access to health, education, cultural and other
social services, as well as equal access to the judicial system and equal treatment before
the law. Governments of receiving countries are further urged to take appropriate steps to
avoid all forms of discrimination against migrants, including eliminating discriminatory
practices concerning their nationality and the nationality of their children, and to
protect their rights and safety. Women and children who migrate as family members should
be protected from abuse or denial of their human rights by their sponsors, and Governments
are asked to consider extending their stay should the family relationship dissolve, within
the limits of national legislation.
10.12. In order to promote the integration of documented migrants having the right to
long-term residence, Governments of receiving countries are urged to consider giving them
civil and political rights and responsibilities, as appropriate, and facilitating their
naturalization. Special efforts should be made to enhance the integration of the children
of long-term migrants by providing them with educational and training opportunities equal
to those of nationals, allowing them to exercise an economic activity, and facilitating
the naturalization of those who have been raised in the receiving country. Consistent with
article 10 of the Convention on the Rights of the Child and all other relevant universally
recognized human rights instruments, all Governments, particularly those of receiving
countries, must recognize the vital importance of family reunification and promote its
integration into their national legislation in order to ensure the protection of the unity
of the families of documented migrants. Governments of receiving countries must ensure the
protection of migrants and their families, giving priority to programmes and strategies
that combat religious intolerance, racism, ethnocentrism, xenophobia and gender
discrimination and that generate the necessary public sensitivity in that regard.
10.13. Governments of countries of destination should respect the basic human rights of
documented migrants as those Governments assert their right to regulate access to their
territory and adopt policies that respond to and shape immigration flows. With regard to
the admission of migrants, Governments should avoid discriminating on the basis of race,
religion, sex and disability, while taking into account health and other considerations
relevant under national immigration regulations, particularly considering the special
needs of the elderly and children. Governments are urged to promote, through family
reunion, the normalization of the family life of legal migrants who have the right to
long-term residence.
10.14. Governments should consider providing assistance and cooperation for programmes
that would address the adverse social and economic consequences of forced migration.
C. Undocumented migrants
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Basis for action
10.15. It is the right of every nation State to decide who can enter and stay in its
territory and under what conditions. Such right, however, should be exercised taking care
to avoid racist or xenophobic actions and policies. Undocumented or irregular migrants are
persons who do not fulfil the requirements established by the country of destination to
enter, stay or exercise an economic activity. Given that the pressures for migration are
growing in a number of developing countries, especially since their labour force continues
to increase, undocumented or irregular migration is expected to rise.
Objectives
10.16. The objectives are:
(a) To address the root causes of undocumented migration;
(b) To reduce substantially the number of undocumented migrants, while ensuring that
those in need of international protection receive it; to prevent the exploitation of
undocumented migrants and to ensure that their basic human rights are protected;
(c) To prevent all international trafficking in migrants, especially for the purposes
of prostitution;
(d) To ensure protection against racism, ethnocentrism and xenophobia.
Actions
10.17. Governments of countries of origin and countries of destination are urged to
cooperate in reducing the causes of undocumented migration, safeguarding the basic human
rights of undocumented migrants including the right to seek and to enjoy in other
countries asylum from persecution, and preventing their exploitation. Governments should
identify the causes of undocumented migration and its economic, social and demographic
impact as well as its implications for the formulation of social, economic and
international migration policies.
10.18. Governments of both receiving countries and countries of origin should adopt
effective sanctions against those who organize undocumented migration, exploit
undocumented migrants or engage in trafficking in undocumented migrants, especially those
who engage in any form of international traffic in women, youth and children. Governments
of countries of origin, where the activities of agents or other intermediaries in the
migration process are legal, should regulate such activities in order to prevent abuses,
especially exploitation, prostitution and coercive adoption.
10.19. Governments, with the assistance of appropriate international organizations,
should deter undocumented migration by making potential migrants aware of the legal
conditions for entry, stay and employment in host countries through information activities
in the countries of origin.
10.20. Governments of countries of origin of undocumented migrants and persons whose
asylum claims have been rejected have the responsibility to accept the return and
reintegration of those persons, and should not penalize such persons on their return. In
addition, Governments of countries of origin and countries of destination should try to
find satisfactory solutions to the problems caused by undocumented migration through
bilateral or multilateral negotiations on, inter alia, readmission agreements that protect
the basic human rights of the persons involved in accordance with relevant international
instruments.
D. Refugees, asylum-seekers and displaced persons
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Basis for action
10.21. In less than 10 years, from 1985 to 1993, the number of refugees has more than
doubled, from 8.5 million to 19 million. This has been caused by multiple and complex
factors, including massive violations of human rights. Most of those refugees find asylum
in developing countries, often imposing great burdens on those States. The institution of
asylum is under severe strain in industrialized countries for a variety of reasons,
including the growing numbers of refugees and asylum-seekers and the misuse of asylum
procedures by migrants attempting to circumvent immigration restrictions. While two thirds
of all countries in the world have ratified the 1951 Convention relating to the Status of
Refugees or the 1967 Protocol, which establish standards for the protection of refugees,
there is a need to strengthen the support for international protection of and assistance
to refugees, especially refugee women and refugee children, who are particularly
vulnerable. Displaced persons, who do not qualify for refugee status and are in some cases
outside their country, are also vulnerable and need international assistance. Regional
agreements to provide protection to persons fleeing war should be considered.
Objectives
10.22. The objectives are:
(a) To reduce pressures leading to refugee movements and displacement by combating
their root causes at all levels and undertaking related preventive action;
(b) To find and implement durable solutions to the plight of refugees and displaced
persons;
(c) To ensure effective protection of and assistance to refugee populations, with
particular attention to the needs and physical security of refugee women and refugee
children;
(d) To prevent the erosion of the institution of asylum;
(e) To provide adequate health, education and social services for refugees and
displaced persons;
(f) To integrate refugee and returnee assistance and rehabilitation programmes into
development planning, with due attention to gender equity.
Actions
10.23. Governments are urged to address the root causes of movements of refugees and
displaced persons by taking appropriate measures, particularly with respect to conflict
resolution; the promotion of peace and reconciliation; respect for human rights, including
those of persons belonging to minorities; respect for independence, territorial integrity
and sovereignty of States. Moreover, factors that contribute to forced displacements need
to be addressed through initiatives related to the alleviation of poverty,
democratization, good governance and the prevention of environmental degradation.
Governments and all other entities should respect and safeguard the right of people to
remain in safety in their homes and should refrain from policies or practices that force
people to flee.
10.24. Governments are urged to strengthen their support for international protection
and assistance activities on behalf of refugees and, as appropriate, displaced persons and
to promote the search for durable solutions to their plight. In doing so, Governments are
encouraged to enhance regional and international mechanisms that promote appropriate
shared responsibility for the protection and assistance needs of refugees. All necessary
measures should be taken to ensure the physical protection of refugees - in particular,
that of refugee women and refugee children - especially against exploitation, abuse and
all forms of violence.
10.25. Adequate international support should be extended to countries of asylum to meet
the basic needs of refugees and to assist in the search for durable solutions. Refugee
populations should be assisted in achieving self- sufficiency. Refugees, particularly
refugee women, should be involved in the planning of refugee assistance activities and in
their implementation. In planning and implementing refugee assistance activities, special
attention should be given to the specific needs of refugee women and refugee children.
Refugees should be provided with access to adequate accommodation, education, health
services, including family planning, and other necessary social services. Refugees are
invited to respect the laws and regulations of their countries of asylum.
10.26. Governments should create conditions that would allow for the voluntary
repatriation of refugees in safety and dignity. Rehabilitation assistance to repatriating
refugees should, where possible, be linked to long-term reconstruction and development
plans. The international community should provide assistance for refugee repatriation and
rehabilitation programmes and for the removal of land mines and other unexploded devices
that constitute a serious threat to the safety of returnees and the local population.
10.27. Governments are urged to abide by international law concerning refugees. States
that have not already done so are invited to consider acceding to the international
instruments concerning refugees - in particular, the 1951 Convention and the 1967 Protocol
relating to the Status of Refugees. Governments are furthermore urged to respect the
principle of non-refoulement (i.e., the principle of no forcible return of persons to
places where their lives or freedom would be threatened because of race, religion,
nationality, membership in a particular social group, or political opinion). Governments
should ensure that asylum-seekers in the Government's territory have access to a fair
hearing and should facilitate the expeditious processing of asylum requests, ensuring that
guidelines and procedures for the determination of refugee status are sensitive to the
particular situation of women.
10.28. In cases of sudden and massive arrivals of refugees and displaced persons in
need of international protection, Governments of receiving countries should consider
according to them at least temporary protection and treatment in accordance with
internationally recognized standards and with national law, practices and regulations,
until a solution to their plight can be found. Persons in need of protection should be
encouraged to stay in safe areas and, to the extent possible and as appropriate, near
their countries of origin. Governments should strengthen protection mechanisms and provide
aid to assist the population in such areas. The principles of collective cooperation and
international solidarity should be followed in assisting host countries, upon their
request.
10.29. The problems of refugees and displaced persons arising from forced migration,
including their right to repatriation, should be settled in accordance with the relevant
principles of the Charter of the United Nations, the Universal Declaration of Human
Rights, other international instruments and relevant United Nations resolutions.
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