Dansk Interparlamentarisk Gruppes bestyrelse 2022-23 (1. samling)
IPU Alm.del Bilag 1
Offentligt
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145th IPU Assembly
Kigali, Rwanda
11-15 October 2022
Parliamentary impetus to local and regional development
of countries with high levels of international migration
and to stopping all forms, including state-sponsored,
of human-trafficking and human rights abuses
Resolution adopted by consensus
*
by the 145th IPU Assembly
(Kigali, 15 October 2022)
The 145th Assembly of the Inter-Parliamentary Union,
Noting
that the term "migration" generally reflects various means by which
people and individuals are displaced across international borders, voluntarily or
involuntarily, and that the terms "refugee" and "asylum-seeker" are sub-categories of
migration with particular policy and legal frameworks,
Expressing its deep concern
at the rise of the people smuggling and human
trafficking industries as a means of migration, affecting people in vulnerable situations,
Reaffirming
the objectives and principles of the Charter of the United
Nations, the Universal Declaration of Human Rights and the Geneva Conventions, as
well as the values and principles of the Inter-Parliamentary Union,
Recalling
the Global Compact for Safe, Orderly, and Regular Migration and
the Global Compact on Refugees, endorsed by the United Nations General Assembly,
Recalling also
the IPU resolutions
Migrant workers, people trafficking,
xenophobia and human rights
(adopted at the 118th Assembly, Cape Town, April 2008),
Strengthening inter-parliamentary cooperation on migration and migration governance in
view of the adoption of the Global Compact for Safe, Orderly and Regular Migration
(adopted at the 139th Assembly, Geneva, October 2018),
Reaffirming
the sovereign right of States to determine, in accordance with
international law, their national migration policy and their prerogative to govern migration
within their jurisdiction,
Reaffirming also
that every State must ensure the protection of the human
rights of all migrants, particularly unaccompanied migrant children within its territory and
subject to its jurisdiction, without discrimination of any kind, including in particular on the
basis of national origin,
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#IPU145
Acknowledging
that breaches of humanitarian law by belligerents resulting in
war crimes and crimes against humanity, as well as the crime of genocide, are a major
cause of forced displacement and the flow of refugees,
Stressing
that war and violence are among the main drivers of migration and
displacement, as has been witnessed following the unjustifiable and unprovoked war of
aggression unleashed by the Russian Federation in 2014 and radically escalated by the
full-scale military attack on 24 February 2022 against the sovereign nation of Ukraine and
its people; and
recalling
the subsequent IPU resolution
Peaceful resolution of the war in
Ukraine, respecting international law, the Charter of the United Nations and territorial
integrity
(adopted at the 144th Assembly, Nusa Dua, March 2022), which addresses the
migration and displacement that has resulted from that war,
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Regretting
that, apart from massive loss of human life, the ongoing aggression of the
Russian Federation against Ukraine has triggered one of the largest displacement crises in the
world, with more than 7 million Ukrainian refugees and more than 6.9 million internally displaced
persons so far,
Underlining
that migration is linked to poverty, climate change, natural disasters,
inequitable socioeconomic structures, persecution, armed conflict, human rights violations and
identity factors such as race, ethnicity, religion, age, sex and gender; that peace, security and
development are closely interlinked; and that people on the move, irrespective of their legal status,
are entitled to full access to their human rights, as set out in the relevant international treaties and
covenants,
Noting
the insecurity and the political, economic and social instability and violence that
various regions in the world are currently experiencing that forces their populations to flee and seek
refuge in other countries,
Affirming
that intensified international cooperation is needed to address these
structural and transnational causes of migration, bearing in mind that women and children are
particularly vulnerable in migration crises and that these groups are in need of extra protection and
support,
Noting
the prominently gendered aspect of migration, whereby women and men leave
their origin country and move to another for different reasons and under different circumstances,
facing different risks during transit and different challenges, including access to legal and social
protection and health services,
Noting also
the high proportion of youth migrants, which rises in an inverse
relationship to the level of economic development of the originating country, and that the wide
range of reasons for youth migration includes education and employment opportunities,
Noting further
that youth migrants are heavily represented as refugees and
unaccompanied minors, and thereby face particular challenges and risks, increasing their
vulnerabilities compared to their adult counterparts,
Condemning in the strongest terms
the criminal human-traffickers and people
smugglers around the world who exploit the vulnerabilities of migrants and refugees, especially
women and children, for their own individual purposes,
Condemning also
the grave abuses committed against migrant women and girls,
including all forms of gender-based discrimination and violence, forced labour, exploitation and
trafficking,
Noting with great concern
a worldwide trend towards the exploitation and human rights
abuse of vulnerable migrants for political and economic purposes, including to foment xenophobia
and to spread misinformation,
Regretting and condemning
the tragic deaths and disappearances of refugees and
migrants along different migration routes,
Seeking to guarantee
the rights of refugees under the 1951 Convention relating to the
Status of Refugees and its 1967 Protocol,
Recalling
the United Nations Global Plan of Action to Combat Trafficking in Persons,
the United Nations Convention against Transnational Organized Crime, and its Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children, which provide a
framework to effectively prevent and combat trafficking and the smuggling of persons,
Reaffirming
the role of the UN Special Rapporteur on Trafficking in Persons,
especially Women and Children, as established by the UN Commission on Human Rights
(Decision 2004/110), and
calling on
States to cooperate with their mandate,
Recalling
the various resolutions of the Security Council of the United Nations that
condemn any form of human trafficking and people smuggling in the strongest possible terms, and
acknowledging
the partnership work of the International Organization for Migration and United
Nations Office on Drugs and Crime within the European Union funded initiative
Global Action
against Trafficking in Persons and the Smuggling of Migrants
in Asia and the Middle East,
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1.
Requests
that the United Nations makes the topic of human trafficking, people
smuggling and modern day slavery a specific point of focus of the next United Nations
General Assembly;
Calls on
States and their respective parliaments to consider ratifying or acceding to
the United Nations Convention against Transnational Organized Crime and its
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, and
also urges
States parties to those instruments to implement them
fully and effectively;
Urges
States and their respective parliaments to endorse if they have not done so
already and to make full use of the Global Compact for Migration and the Global
Compact on Refugees as roadmaps for improving international cooperation and
migration governance;
Calls on
parliaments, in cooperation with their governments, civil society groups and
diverse stakeholders, including women and youth, to promote people’s access to
comprehensive and up-to-date information on opportunities, limitations, risks and
rights in the event of migration, thus enabling prospective migrants to make informed
choices based on realistic expectations;
Urges
parliaments, in cooperation with their governments, to secure and to enhance
the availability and flexibility of legal pathways and regularization options for regular
migration to facilitate labour mobility and skills training, family reunification, and
migration for reasons such as armed conflict, gender-based violence, natural disasters
and climate change, thereby undermining smuggling and trafficking networks, and to
eliminate discriminatory policies that deny migrant children access to essential
services, including education and health care; and to protect and respect the basic
rights of migrants;
Calls on
parliaments as well as regional and sub-regional inter-parliamentary
organizations to actively engage in the achievement of the 2030 Agenda for
Sustainable Development to optimize migration governance and address the major
drivers of forced and irregular migration that inherently fuel human trafficking –
particularly wars, extreme poverty, severe inequalities between and within countries,
climate change and natural disasters – and to promote measures aimed at raising
awareness and maximizing the development benefits of safe and regular migration;
Urges
States in the Sahel and Sahara regions, in particular the States of the G5-Sahel
group, to step up their international solidarity and the coordination of their actions with
a view to reducing the numbers of irregular migrants;
Urges
parliaments to ensure that their governments comply with and implement
relevant norms of international law and relevant resolutions of the international
community and the United Nations Security Council, and contribute to the realization
of fundamental human rights worldwide through active engagement and advocacy;
Reaffirms
the right of every human being to be free from arbitrary deportation by a
foreign power, such as the Russian Federation’s forced displacement of Ukrainian
civilians, including thousands of children, from the temporarily occupied territories to
the Russian Federation;
Requests
the strengthening of international solidarity with countries where social,
economic and security conditions cause people to migrate and equally with those
countries in the world hosting a considerable number of refugees;
Calls upon
all parliaments and governments to design and implement development
programmes that help eliminate inequality, poverty, lack of opportunities and violence,
including gender-based violence, experienced by persons in countries with high levels
of international migration and in migrant transit countries in order to develop
opportunities in countries of origin so that there are fewer possible causes for people
to migrate, and to ensure that such programmes reflect the particular needs of
vulnerable groups, including vulnerable women; as it is only by fighting the roots of
forced migration that it can be prevented;
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11.
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12.
Calls on
States and their respective parliaments to take measures to prevent
disappearances and deaths on global migration routes, to adopt the necessary laws
and policies in order to be able to search for the disappeared, identify the dead and to
re-establish family links, and to increase international cooperation on this matter;
Urges
parliaments to promote adoption and implementation of specific programmes
protecting the rights of refugees, paying specific attention to the needs of women and
children, facilitating employment and ensuring education;
Calls upon
all governments around the world to increase investment and promote
international cooperation in youth and women’s employment, empowerment and
social protection programmes, including vocational training and entrepreneurship,
high-quality education, health, to address their particular needs, offer greater
opportunities both in countries of origin and in receiving States and to raise awareness
on safe migration, and also to invest in systematic data collection, management and
analysis to ensure reliable, accurate and disaggregated data on migration and human
trafficking, and to develop programmes appropriate to gender and age groups;
Calls on
all governments and parliaments to ensure that no obstacles, including
immunities legislation or national procedural law, prevent forcibly displaced victims of
aggression, war crimes, crimes against humanity or other serious human rights
violations from seeking justice in domestic courts or receiving due compensation;
Also calls upon
all governments and parliaments to take holistic meaningful and
coordinated action, including enacting and enforcing legislation criminalizing trafficking
and smuggling; raising awareness through media, including social media; and
strengthening national law enforcement capabilities, to dismantle global smuggling
and trafficking organizations and networks and to strengthen efforts to combat people
smuggling and human trafficking as per their commitment outlined in Objective 10 of
the Global Compact for Migration and ensure the effective implementation of relevant
international conventions and treaties; and also to prevent the use of false passports
and/or false entry permits;
Encourages
governments to provide adequate support to victims of human trafficking
and people smuggling, to develop and implement programmes to provide physical and
psychological care, shelter and reintegration into society for victims of trafficking,
including but not limited to facilitating access to justice, protection of victims,
psychological counselling, including by providing access to gender-responsive and
child-sensitive measures, and extension of residence permits during their recovery
from the effects of their experiences;
Calls on
parliaments to ensure adequate financial support to key State agencies and
units that play an integral part in responding to the scourge of human trafficking, and
to conduct awareness campaigns on human trafficking and people smuggling among
their broad populations;
Urges
governments and parliaments to address the demand side of trafficking,
including trafficking in women and girls for the purpose of sexual exploitation, through
law-making, law-enforcement and educational measures;
Encourages
governments to strengthen international cooperation and national and
international capacities to equip officials in law enforcement, the judicial process and
other agencies concerned with training and the broad-ranging skills and competencies
needed to effectively prevent, investigate, prosecute and combat smuggling and
trafficking, including the practice of state-sponsored instrumentalization of human
trafficking; and to identify and disrupt financial flows related to these activities and all
kinds of money laundering related to them;
Calls on
international organizations to play a more active and bolder role in alleviating
the hardships of forcibly displaced persons, as well as in preventing and solving the
root causes of such displacement;
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22.
Urges
all governments and parliaments to critically assess the mandates of
international organizations and initiate an open discussion on how international
organizations, including the United Nations, its Security Council and General
Assembly, may be reformed in order to become more effective and inclusive, and to
fight the root causes of forced displacement;
Requests
that countries of origin and transit fully investigate trafficking routes, fully
cooperate with States sharing their borders and contribute to stopping the practice of
organized human trafficking to other countries, as well as to monitoring social
networks and online platforms, which have become facilitators of transnational
trafficking activities, and to sharing intelligence on trafficking among countries in
migration flows through secured communication channels, in full compliance with
applicable national laws;
Reminds
governments that, in line with the principle of non-criminalization of victims,
smuggled migrants must not be prosecuted for having been smuggled;
Urges
parliaments to strengthen legislation to ensure protection and assistance for
trafficked persons in migration flows in a human rights-based, gender-responsive and
child-sensitive manner by creating conducive legal and policy frameworks to make
sure that victims and survivors of this crime are protected from punishment for illegal
conduct as a consequence of being trafficked, as well as from stigmatization, racism
and xenophobia and from re-victimization and re-trafficking;
Declares
full solidarity with migrants and refugees who are forced by conflicts and
security situations to flee and seek safe havens in other countries;
affirms
its support
for the victims of human trafficking, and
commits
to provide them with a helping hand
and assistance and to take effective measures to prevent and combat human
trafficking, especially against women and children, in times of conflict and in line with
the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime and various relevant international covenants and
instruments;
Recognizes
the importance of cooperation, solidarity, exchange of experiences and
partnerships at the international level between the various relevant authorities, as well
as of strengthening governance at all levels, in a manner that achieves the objectives
of the Global Compact for Safe, Orderly and Regular Migration;
Urges
parliaments to assume their legislative and supervisory responsibilities and
roles in confronting illegal immigration, in strengthening contractual relationship rights
and mechanisms, and achieving the Sustainable Development Goals;
Calls on
all parliaments and governments to take targeted measures to enhance
security and stability, and to resolve disputes by peaceful means;
Requests
that the IPU Secretary General transmit the present resolution to the IPU
Member Parliaments, the United Nations Secretary-General and all relevant
institutions;
Invites
the IPU Member Parliaments to communicate to the IPU Secretariat by the
149th Assembly the measures taken to achieve implementation of this resolution.
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*
A number of delegations took the floor to express their reservations:
-
Czech Republic
on operative paragraph 3,
India
on preambular paragraph 21,
Kazakhstan
on preambular
paragraphs 9 and 10 and operative paragraph 9,
Qatar
on the reference to labour mobility in operative paragraph 5,
Syrian Arab Republic
on preambular paragraph 9 and
Türkiye
on preambular paragraph 19
-
Hungary
and
Indonesia
on the entire resolution.
The
Russian Federation
expressed its opposition to the resolution.