EU Explanation of Position – United Nations 3rd Committee: Protection of Migrants

Mr. Chairperson,

I have the honour to speak on behalf of the European Union on the draft resolution contained in document L.41/Rev.1, entitled “Protection of Migrants”. The European Union has joined consensus on the draft resolution and would like to extend its sincere thanks to Mexico for the exemplary manner in which it has conducted the consultations on the draft resolution this year.

The European Union is firmly committed to protecting the rights of migrants. Migration policies in the European Union are consistent with the human rights obligations of its member states. They are based on a global and balanced approach and on the rule of law. In this context, the regulation of migration contributes to the promotion and protection of human rights for all, including migrants, and to the fight against trafficking, exploitation of irregular migrants and violations of employment laws. We welcome therefore the new explicit reference to obligations of States of origin, transit and destination in the text of the resolution. We believe however that this balanced approach could, and should, be better reflected in the resolution.

The EU believes in the importance of having a holistic approach to migration policies, and is a strong supporter of the Global Forum on Migration and Development. EU member States have hosted two out of the past three meetings of the Global Forum and will be hosting its fifth meeting in 2011. We are convinced that, as an intergovernmental process, the Global Forum can continue to bring added value to the issue, as long as it stays informal, voluntary, non-binding and driven by interested states and participants.

Relating to OP 4 a), the European Union would like to reiterate that detention in the EU is subject to rigorous judicial review and is carried out in compliance with international human rights obligation. In this context, we reject any inference that such detention may be considered excessive and emphasize the importance of approaching this question taking into account the obligation of states of origin to receive returning nationals.

The European Union will stay actively engaged in the negotiations on this resolution in the coming years. We hope that the constructive approach taken by all states having participated in the process this year will serve as a landmark in this regard and will allow us to move next year towards a text that is fully balanced and could be actively supported by all.

Thank you, Mr. Chairperson.

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• EU Explanation of Vote – United Nations 3rd Committee: Use of mercenaries (19/11/2009)
• EU Explanation of Position – United Nations 3rd Committee: Improving the coordination of efforts against trafficking in persons (19/11/2009)
• EU Explanation of Vote – United Nations 3rd Committee: Globalization and its impact on the full enjoyment of all human rights (12/11/2009)
• EU Presidency Statement – United Nations 3rd Committee: Report of the UN High Commissioner for Refugees (3/11/2009)
• EU Explanation of Position – United Nations 3rd Committee: Follow-up to the tenth anniversary of the International Year of the Family and beyond  (22/10/2009)
• EU Statement – United Nations Human Rights Council 12th Session: Panel on Human Rights of Migrants in Detention Centers (17/9/2009)