A/59/377 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

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