A/59/377 discrimination; (b) application of the principle of equality and non-discrimination to migrants; (c) rights of undocumented migrant workers; and (d) State obligations in the determination of migration policies in the light of the international instruments for the protection of human rights. B. Recognition of the human rights of migrants 29. The information received on alleged violations of human rights, as well as the data gathered on official missions conducted during the period under review, have brought to light certain facts and trends that the Special Rapporteur would like to bring to the attention of the General Assembly. 30. The communications from the Special Rapporteur to governments show a steady deterioration of the human rights situation of migrants, particularly in the case of those with irregular administrative status. From the complaints of alleged human rights violations that have been received, it appears that the most frequent abuses against this group are those that occur in the context of discriminatory, xenophobic and racist practices, administrative detention of undocumented immigrants and different forms of exploitation of migrant workers. In her visits, the Special Rapporteur has noticed an increase in the pressures stemming from international migration and an aggravation of certain problems pertaining to the smuggling of migrants. 31. This situation contrasts with the scant attention given to the human rights of this very vulnerable group in debates on immigration policies. In exercising their sovereign right to regulate the entry, stay and movement of migrants and their policy on immigration, asylum and refuge, States should bear in mind the international obligations they have assumed in the area of human rights. In other words, States parties to the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child must guarantee to anyone who is in their territory and subject to their jurisdiction the rights recognized in those legal instruments, in keeping with the principle of equality and non-discrimination which is laid down in those treaties and which is, moreover, a general principle of international human rights law. All States parties to the International Covenant on Economic, Social and Cultural Rights should also undertake to guarantee the enjoyment of the rights set forth therein, with no discrimination whatsoever, particularly on the basis of national origin.5 32. Despite the fact that these basic rules of human rights are applicable to noncitizens, the actual circumstances of migrants, particularly those with irregular administrative status, do not match the ideas reflected in the aforementioned instruments. The Special Rapporteur has expressed on numerous occasions her profound concern at the denial of human rights to this group. It is of little use for a State to say that it agrees with the text of the human rights conventions when its legislation on aliens allows for discrimination in the application of those rights. This same concern is expressed in the preamble to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families,6 which states that “the rights of migrant workers and members of their families have 11

Select target paragraph3