A/59/377
57. The conditions on departure of migrants, the proper management of secure
borders, and the interception, detention, deportation/repatriation and return of
undocumented migrants are some of the areas in which cooperation between States
is essential. The Special Rapporteur considers that source countries have an
obligation to ensure that the rights of their nationals are respected during all stages
of the migratory process, from a safe departure to a decent return. States of origin
should therefore ensure access to effective consular assistance and protection by
granting sufficient human, material and financial resources for that purpose.
Consular authorities should have sufficient resources to be able to give particular
attention to the protection of unaccompanied minors and to assist in the repatriation
of victims of trafficking when they explicitly so request.15
58. Lastly, the Special Rapporteur urges States to improve the transparency of
their consultative processes on migration management, which should also allow for
the active participation of non-governmental organizations specializing in that area
and other civil society stakeholders. The Regional Conference on Migration and the
CIS Conference both had very positive results in this regard.16
V. Conclusions and recommendations
59. Through a concise description of the activities carried out during the period
under review, the Special Rapporteur notes a continuing deterioration in the human
rights situation of migrants and in particular those with irregular administrative
status. The most frequent abuses against immigrants occur in the context of
discriminatory, xenophobic and racist practices, the administrative detention of
undocumented immigrants, and various forms of exploitation of migrant workers.
During her visits, the Special Rapporteur observed an increase in migration
pressures and a worsening of certain problems, such as the smuggling of migrants.
The Special Rapporteur notes that this situation contrasts with the scant importance
given to the human rights of this vulnerable group in discussions on immigration
policies.
60. The Special Rapporteur welcomes those developments that took place during
the period under review which in her view are helping to improve the protection of
the human rights of migrants.
61. The Special Rapporteur considers that traditional ways of managing migratory
flows have become obsolete now that immigration takes place in the context of
globalization. Up to now the management of migratory flows has been based on the
logic of the nation State; however, the extraordinary compatibility between
globalization and international migration has led to the failure of immigration
policies based on internal security and specific economic interests. Moreover, the
phenomenon of migration highlights the existence of structural problems that cannot
be resolved through ad hoc measures, much less unilateral ones. The Special
Rapporteur would like to point out that, as long as disparities in development
persist, immigration flows to rich countries and more prosperous developing
countries will continue.
62. The Special Rapporteur is encouraged by the large number of consultative
processes on migration management and recognizes the efforts being made in the
context of various intergovernmental initiatives to find new ways of effectively
managing the phenomenon and arriving at common positions that allow for
18