Explanation of Position for the Protection of Migrants Resolution

Sofija Korac
Advisor for Economic and Social Affairs
New York, New York
November 15, 2021


Thank you, Mr. Chairman.

States have the responsibility to protect the human rights of all persons in their territories and subject to their jurisdiction, regardless of migration status. The United States takes this responsibility very seriously and urges other States to do so as well.

The United States maintains the sovereign right to facilitate or restrict access to its territory, subject to its existing international obligations.

The United States is committed to ensuring that migrants, including migrant children are treated in a safe and secure manner, and current U.S. government practices are consistent with this. We do not read this resolution to imply that states must join international instruments to which they are not a party, or that they must implement those instruments or any obligations under them. Among other things, this applies to the principle of the best interests of the child, which is derived from the Convention on the Rights of the Child, and the prohibition on collective expulsions, set forth in Protocol No. 4 to the European Convention on Human Rights. We believe that referring to a specific bilateral legal matter – such as the case cited in preambular paragraph 15 – is inappropriate.

With regard to this resolution’s references to consular notification and other relevant issues, we refer you to the U.S. general statement delivered November 5, and the unabridged version of our statement, which will be posted on the U.S. Mission’s website on the final day of this session.

We request that these concerns be reflected in the record for this meeting and for this resolution.