(1) Recognizing that globalization has intensified structural conditions of inequality and poverty, accompanied by the lack of recognition that human rights are relevant in the design and execution of programmes that address poverty, marginalisation and social exclusion;
(2) Recognizing that labour rights, legal migration, the flow and mobility of individuals, and the exchange of labour have been excluded from commercial liberalization schemes which purport to expand the processes of economic integration and free trade;
(3) Believing in the importance of cultural diversity and economic interaction among the world’s peoples and that global society should be pluralistic and based on imperatives of cultural diversity and racial, ethnic and religious tolerance by fostering integration, rather than conflict and destruction;
(4) Further believing that the United Nations Millennium Development Goals will not be achieved until States amply and comprehensively recognize that human rights – political, economic, social and cultural – are universal and indivisible, interlinked and interdependent, and that they mutually reinforce each other;
(5) Recalling that the Universal Declaration of Human Rights states that all humans are born free and equal in dignity and rights, and that all individuals possess the rights and freedoms proclaimed in it;
(6) Affirming that the States parties to the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights (ICCPR), the International Covenant on Economic, Social and Cultural Rights, the Convention on the Political Rights of Women, the Declaration on Race and Racial Prejudice, and the United Nations Declaration on the Elimination of All Forms of Racial Discrimination, must guarantee all individuals on their territories the rights enumerated in those instruments, without distinction of any kind;
(7) Recalling the Panel on Migration and Development, held in Manila, Philippines, at the 112th Assembly of the IPU, established that the global debate on migration and development must include the three “D’s”: demography, development and democracy, the main forces behind migration, and the presentation at that Assembly of the Report of the Global Commission on International Migration and the Panel on Nationals and stateless persons, organized by the IPU and Office of the United Nations High Commissioner for Refugees;
(8) Convinced that the trafficking of human beings represents modern-day slavery and requires cooperation at the international level and action at the national level to defeat it;
(9) Acknowledging the definitions of people trafficking in the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention against Transnational Organised Crime, Article 4 of the Council of Europe Convention on Action against Trafficking in Human Beings, and the EU Council framework decision on combating trafficking in human beings;
(10) Acknowledging the definition of people smuggling in the Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the UN Convention against Transnational Organized Crime;
(11) Recognizing the Recommended Principles and Guidelines on Human Rights and Human Trafficking 2002 issued by the UN High Commissioner for Human Rights which affirm that “States have a responsibility under international law to act with due diligence to prevent trafficking, to investigate and prosecute traffickers and to assist and protect trafficked persons”;
(12) Further recognizing those binding international human rights instruments which explicitly require states to prohibit trafficking, including Article 6 of the Convention on the Elimination of All Forms of Discrimination against Women 1979 (CEDAW), Article 35 of the Convention on the Rights of the Child 1989, and Article 5(1) of the Trafficking Protocol, Article 1 of the EU Framework Decision, and Article 18 of the Council of Europe Convention;
(13) Further recognizing relevant non-binding instruments including Article 5(3) of the Charter of Fundamental Rights of the European Union 2000, Principle 12 of the UN Principles and Guidelines and Guideline 4 of the UN Principles and Guidelines;
(14) Acknowledging the relevance of other pertinent instruments including the Slavery Convention 1926, the Forced Labour Convention 1930, and the International Covenant on Civil and Political Rights 1966, ILO Convention No. 183 (Worst Form of Child Labour Convention) 1999, and Article 19 of the Council of Europe Convention;
(15) Further recognizing previous efforts made by the IPU and UNICEF to improve anti-trafficking legislation worldwide with the publishing of the Handbook for Parliamentarians: Combating Child Trafficking in 2005;
(16) Recognizing that prohibition of slavery is part of customary international law and constitutes jus cogens;
(17) Reminding governments and parliaments of the need to implement the international obligations they have agreed upon and of the need for international co-operation to strengthen law enforcement,
(18) Recognizing that xenophobia, racism and related intolerance severely damage humanity and threaten the existence of entire populations;
(19) Further recognizing the difficulties of integration facing some immigrants in destination societies and the generation of new forms of xenophobia and racism against them after 9/11;
(20) Stressing that one of the direct negative consequences of the lack of an ample and comprehensive multilateral approach to migration policy has been an increase in rejection, abuse, ill-treatment, aggression and marginalisation of migrants, resulting in criminal behaviour such as human trafficking and hate crimes instigated by xenophobia ;
(21) Believing that the challenge to fulfil human rights is a social problem with a global scope, as migration, trafficking in person and xenophobia all present a threat to basic human rights, freedom and individuals’ welfare;
1. Calls upon IPU Member Parliaments effectively to promote and protect the fundamental human rights of migrants, according to the international instruments to which they are party, such as the Universal Declaration of Human Rights; to disseminate and promote good practice by national parliaments to achieve a comprehensive understanding of the problems posed by migration; and to form specialised committees on migration, charged with the effective protection of migrants’ human rights and the finding of solutions to the problems of migration, with special emphasis on vulnerable groups, including women and children;
2. Urges governments of economically developed countries to recognize the economic importance of migration in trade liberalization agreements and to improve the living conditions of migrants around the world, so as to ameliorate the adverse consequences of trade liberalisation and make globalization “a positive force for all the world’s people”, as expressed by the United Nations Millennium Declaration;
3. Calls upon the IPU, parliaments and governments to forge a new, broader and more universally inclusive understanding of migration and to conduct further in-depth analysis of the causes and consequences of migration;
4. Urges effective investigation, prosecution and adjudication of trafficking, including its component acts and related conduct, whether committed by governmental or by non-state actors;
5. Encourages governments to ensure adequate training for law enforcement agencies, enhancement of investigative powers and technology, and the establishment of anti-trafficking units;
6. Reminds governments and parliaments of their obligation under international human rights law to protect victims of trafficking of human beings, including through the effective identification of victims and observation of the principle of non-refoulement with protection from summary deportation, supported by the granting of reflection periods and/or temporary or permanent residence permits;
7. Recognizes the right of trafficking victims to return to their state of origin through voluntary repatriation, enshrined in the ICCPR and the International Convention on the Elimination of All Forms of Racial Discrimination 1966 (CERD), and their right of access to diplomatic and consular representatives from their state of nationality;
8. Believes an effective investigation into cases of trafficking is a form of redress for victims, including the right to participate in investigations and judicial processes against traffickers with effective witness protection and assistance;
9. Recognizes the clear obligation upon competent authorities to provide all necessary protection measures, to refrain from deporting that person until the identification process is complete, and then only if repatriation is appropriate; and if the age of the victim is uncertain to proceed on the basis that he or she is a child;
10. Urges appropriate measures of protection for all victims, including, but not limited to, secure accommodation, access to emergency medical assistance, translation and interpretation services, counselling and provision of information in languages victims understand, assistance during judicial proceedings, vocational training if appropriate, and access to education for children;
11. Believes in the need for a recovery and reflection period of at least 30 days supported by renewable residence permits, where there are reasonable grounds to believe that a person is a victim of trafficking, to enable sufficient recovery from human rights violations and an informed decision on co-operation with the authorities;
12. Emphasises that the protection of victims of trafficking should be incorporated into, and placed at the heart of, states’ legislative frameworks, requiring Governments to review immigration laws and policies in the context of their impact on the victims of trafficking, shifting the focus from immigration control to the prevention of exploitation of migrants and workers, and care of victims.
13. Calls upon all IPU Member Parliaments to prohibit political parties and public or private organisations that promote racist, xenophobic or related intolerance; to legislate to protect victims of violence and abuse attributable to racism and xenophobia, especially women, children and migrants; and to develop educational programmes to strengthen solidarity, cultural diversity and tolerance towards people from different ethnic, religious and cultural backgrounds;
14. Urges all IPU Member Parliaments to legislate to prohibit the dissemination of racist or xenophobic ideologies through the media; to promote research on xenophobia and racism, better to comprehend these problems and to improve integration in destination countries;
15. Calls upon all UN member States that have not yet done so, to ratify the International Convention on the Elimination of all Forms of Discrimination;
16. Urges developed countries to consider moral redress for the peoples of Latin America, Asia and Africa now living in poverty because of marginalisation and technological disadvantage due in part to colonization, as recognised by the World Conference Against Racial Discrimination, Xenophobia and Related Intolerance;
17. Calls upon States that have not yet done so to ratify the conventions for the protection of indigenous people’s rights, particularly those proposed by the International Labour Organisation and UNESCO; and to ensure national legislation avoids discrimination, racism and related intolerance against indigenous peoples;
18. Urges the strengthening of alliances between national parliaments and civil society to promote study programmes and activities to further peace, dialogue among civilizations, and the eradication of racism, xenophobia and related intolerance;
19. Calls upon States to ensure that their migration policies are compatible with their programmes for the prevention of racism, xenophobia and related intolerance, including the removal of any racist or xenophobic criteria applying to migrants who enter or stay in their territories;
20. Urges all States to develop programmes and policies to combat sexual violence against women and children who are involuntary migrants or migrants with irregular migratory status, facing a high risk of sexual violence motivated by racial discrimination or xenophobia.
Encourages governments to implement effective prevention strategies, such as awareness raising, assistance to developing countries for economic development and law enforcement, and lawful managed migration opportunities.
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