A/59/377
3.
Cases of violations of human rights of migrants
14. During the period under review, the Special Rapporteur continued to receive
complaints of alleged violations of the human rights of migrants. Addendum 1 to the
report submitted to the Commission (E/CN.4/2004/76/Add.1) includes the texts of
complaints sent to governments between January and December 2003, as well as
replies received from governments. The communications sent and received since
then will be summarized in the report to be submitted by the Special Rapporteur at
the next session of the Commission.
15. Pursuant to the working methods adopted, the complaints received were
transmitted to the governments concerned, in accordance with the urgent appeals
and letters of allegation procedures. The situations in which violations of the human
rights of this group are alleged to have occurred during the period under review,
giving rise to the intervention of the Special Rapporteur, include cases of: (a)
arbitrary detention; (b) harsh detention conditions; (c) torture and abuse during
detention, including cases involving unaccompanied minors; (d) denial of the right
to consular protection for detained immigrants, even in the case of immigrants
sentenced to death; (e) deaths of immigrants in police custody; (f) deaths as a result
of the excessive use of force by members of the police and security forces; (g)
failure to provide minimum guarantees of a fair trial; (h) refoulement at the border
as a result of arbitrary decisions; (j) summary expulsions; (k) massive deportations
and violations of the human rights of deported persons; (l) impunity for crimes
committed against immigrants; and (m) gender violence.
16. In her communications to governments, the Special Rapporteur has also
expressed her concern at a number of situations involving violations of the human
rights of migrant workers, including: (a) abusive working conditions imposed by
employers, sometimes under conditions similar to slavery or forced labour; (b)
withholding of passports; (c) non-payment of wages; (d) restrictions on freedom of
movement, verbal and physical abuse and precarious conditions in housing that
employers may be required to provide; (e) denial of the right of association and
assembly; and (f) abuses by migrant worker recruitment agencies resulting from
inadequate regulation of the sector.
17. As she has done in the past, the Special Rapporteur has transmitted to
governments her concerns regarding alleged acts of intimidation against members of
immigrant associations, labour unions and non-governmental unions specializing in
human rights and migration.
18. Through the letters of allegation procedure, the Special Rapporteur has
requested certain governments to supply information on the application of current
immigration laws and bilateral agreements for hiring migrant workers directly from
their country of origin. The purpose of these communications is to verify respect for
minimum standards of protection of the human rights of this vulnerable group. The
Special Rapporteur also often sends communications requesting information on
measures taken by specific States to deal with illicit trafficking of immigrants and
trade in human beings, and protect the victims of these types of offences.
19. During the period under review, communications were sent jointly by the
Special Rapporteur and by the following special public mechanisms of the
Commission on Human Rights: Special Rapporteur on extrajudicial, summary or
arbitrary executions; Special Rapporteur on the promotion and protection of the
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