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
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