A/59/377 not been sufficiently recognized everywhere and therefore require appropriate international protection.” 33. It is essential to ensure the proper application and interpretation of these provisions aimed at guaranteeing that the rights and fundamental freedoms of migrants are respected in practice. Hence the importance of the progressive interpretation by the human rights treaty bodies of the rules contained in the instruments in question. These interpretations are embodied in a number of general comments and general recommendations, some of which refer explicitly to the obligations of States parties with respect to non-nationals. Nevertheless,7 for the purposes of this report, the Special Rapporteur will confine herself to mentioning briefly the principles established by the Human Rights Committee and the Committee on the Elimination of Racial Discrimination, since it would be impossible to carry out an in-depth analysis in the limited space available. 34. In its general comment No. 15, the Human Rights Committee states that reports from States parties have often failed to take into account that each State party must ensure the rights in the Covenant “to all individuals within its territory and subject to its jurisdiction” (para. 1), as provided in article 2, paragraph 1, of the International Covenant on Civil and Political Rights. The Committee’s experience in examining periodic reports shows that “in a number of countries other rights that aliens should enjoy under the Covenant are denied to them or are subject to limitations that cannot always be justified under the Covenant” (para. 2). 35. The Committee’s general comment No. 18 states that “non-discrimination, together with equality before the law and equal protection of the law without any discrimination, constitute a basic and general principle relating to the protection of human rights” (para. 1). The general requirement of non-discrimination with respect to the rights guaranteed in article 2, paragraph 1, of the International Covenant on Civil and Political Rights “must be guaranteed without discrimination between citizens and aliens” (general comment No. 15, para. 2), except in the case of the rights of citizens and of aliens set forth in articles 25 and 13, in that order. The Committee states that “the Covenant gives aliens all the protection regarding rights guaranteed therein, and its requirements should be observed by States parties in their legislation and in practice” (ibid., para. 4). It should be borne in mind that the general guarantee provided in article 2 of the International Covenant on Civil and Political Rights is not the same as the right set forth in article 26 of the Covenant, which, as noted in the Committee’s general comment No. 18, “prohibits discrimination in law or in fact in any field regulated and protected by public authorities”, since it is concerned with “the obligations imposed on States parties in regard to their legislation and the application thereof”. Thus, the scope of article 26 “is not limited to those rights which are provided for in the Covenant” (para. 12). 36. In its recent general recommendation XXX, the Committee on the Elimination of Racial Discrimination clarifies the responsibilities of States parties to the International Convention on the Elimination of All Forms of Racial Discrimination with regard to non-citizens. In this general recommendation, the Committee addresses specific issues such as protection against hate speech and racial violence, access to citizenship, the administration of justice, expulsion and deportation of non-citizens and the enjoyment of economic, social and cultural rights by noncitizens. The Committee recommends the adoption of a number of measures to prohibit and eliminate racial discrimination in all its forms in regard to the 12

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