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consensus in the matter. However, the Special Rapporteur is aware that these forums
are a consequence of the gradual politicization of immigration.
63. The Special Rapporteur proposes a form of migration management that is
stronger from a human rights perspective and based on the shared responsibility of
States to fulfil their obligations towards migrants. The Special Rapporteur urges
States participating in consultative processes to adopt management frameworks
which encourage the adoption of comprehensive migration policies and legal
instruments on immigration and asylum that place individuals and their rights at the
centre of legislation. The management of migratory flows must go beyond simply
managing the economic interests of States.
64. For this reason, States must ensure that their migration policies and domestic
immigration laws (as well as their application) are in line with the principles laid
down in international human rights law and with the human rights commitments
they have made at the international level. This will require them to balance the
sovereign right of States to define their migration policy with respect for and
protection of the human rights and fundamental freedoms of all persons under their
jurisdiction, regardless of their legal status. The Special Rapporteur considers that
an analysis of the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families could be useful here. The consular
protection and assistance activities that can be carried out by source countries for
the benefit of their nationals are also particularly important in terms of protecting
the human rights of this group. A series of reflections and observations concerning
consultative processes on migration management are included in the relevant
paragraph.
65. The Special Rapporteur calls on Member States to consider ratifying the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and the United Nations Convention against
Transnational Organized Crime, as well as its additional protocols against the
smuggling of migrants and trafficking in persons. She considers that regularization
processes for immigrants with irregular administrative status must be carried out
with absolute respect for their human rights so that they cannot be blackmailed if
regularization is left to their employers. Lastly, she urges the General Assembly to
continue its work of codification of the draft articles on responsibility of States for
internationally wrongful acts submitted by the International Law Commission, and
urges the Commission on Human Rights to do likewise with regard to the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of
Violations of International Human Rights and Humanitarian Law.
Notes
1
See documents E/CN.4/2003/85/Add.2-3, E/CN.4/2001/83/Add.1 and E/CN.4/2002/94/Add.1.
2
E/CN.4/2004/76/Add.1, paras. 15-16.
3
International Standard Classification of Occupations, Group 9131, ISCO-88, ILO, Geneva.
4
The terms of reference of the Geneva Migration Group may be found on the web sites of the six
organizations.
5
As of 31 August 2004, the International Covenant on Civil and Political Rights had been ratified
by 152 countries; the International Covenant on Economic, Social and Cultural Rights, by 149;
the International Convention on the Elimination of All Forms of Racial Discrimination, by 169;
19