A/59/377
24. The Special Rapporteur welcomes the entry into force, on 29 September 2003,
of the United Nations Convention against Transnational Organized Crime. She is
also encouraged by the fact that the two protocols supplementing the Convention,
i.e., the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children, and the Protocol against the Smuggling of Migrants by Land,
Sea and Air, entered into force on 25 December 2003 and 28 January 2004, in that
order. Pursuant to article 32 of the Convention, the first session of the Conference of
the Parties to the Convention was held in Vienna from 28 June to 9 July 2004.
25. With regard to mechanisms other than conventions, the Special Rapporteur
wishes to draw attention to decision 2004/110, adopted by the Commission on
Human Rights at its sixtieth session, providing for the appointment, for a period of
three years, of a Special Rapporteur whose mandate will focus on the human rights
aspects of the victims of trafficking in persons, especially women and children. The
Commission requested the Special Rapporteur to submit an annual report, together
with recommendations, on measures required to uphold and protect the human rights
of the victims.
26. Over the past few months, United Nations agencies and other international
organizations have also paid special attention to the phenomenon of migration. The
Special Rapporteur welcomes with satisfaction the establishment of the so-called
Geneva Migration Group (GMG). Senior officials of the Office of the United
Nations High Commissioner for Human Rights, the Office of the United Nations
High Commissioner for Refugees, the International Labour Organization (ILO), the
International Organization for Migration (IOM), the United Nations Conference on
Trade and Development and the United Nations Office on Drugs and Crime have
agreed to establish an informal mechanism for holding regular consultations for the
purpose of, inter alia: exchanging information; identifying critical issues, gaps, best
practices, etc., along the migration “life cycle”; agreeing on common positions,
responses and actions; providing direction and leadership; contributing to major
initiatives of GMG members and the international community; promoting interest,
dialogue and debate on migration-related issues; and working towards integrating
human rights, refugee protection and criminal justice dimensions in the general
debate on migration.4
27. At its ninety-second session, held in Geneva in June 2004, the International
Labour Conference announced the adoption of a plan of action on migration to
guarantee that migrant workers will be protected by international labour standards,
national legislation and legislation relating to social protection. It is very important
that the ILO plan envisage the development of a non-binding multilateral framework
to promote rights-based actions relating to migrant workers and initiate a dialogue
on the issue of migration within ILO, with the participation of international and
multilateral organizations.
28. At the regional level, the Special Rapporteur wishes to draw the attention of
the General Assembly to Advisory Opinion OC-18/03, on the juridical situation and
rights of undocumented migrants, issued on 17 September 2003 by the InterAmerican Court of Human Rights. In May 2002, pursuant to article 64.1 of the
American Convention on Human Rights, Mexico requested an advisory opinion
from the Court. In its advisory opinion, the Court examined the following specific
issues submitted for its consideration: (a) obligation to respect and guarantee the
human rights and fundamental nature of the principle of equality and non-
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