E/CN.4/2003/85 page 2 Executive summary The present report is submitted in accordance with Commission on Human Rights resolution 2002/62. During the period under review the Special Rapporteur continued to receive information on the human rights of migrants and to exchange communications with Governments. A summary of the communications sent and responses received is contained in addendum 1 to this report. The Special Rapporteur visited Mexico, the border between the United States of America and Mexico, and the Philippines. Reports on those visits are contained in addenda 2, 3 and 4 respectively. A summary of all the meetings and events attended by the Special Rapporteur since the establishment of the mandate is contained in her report to the General Assembly (A/57/292). During the period not covered by that report, the Special Rapporteur participated in a number of other such activities. On 1 August 2002, the Special Rapporteur sent a request for information on the issue of migrants deprived of their liberty through a questionnaire which was distributed to all permanent missions in Geneva, non-governmental organizations (NGOs), United Nations special procedures mandate holders, field presence of the Office of the United Nations High Commissioner for Human Rights (OHCHR), United Nations and other agencies and programmes, and international experts in this field. On the basis of the information received, the Special Rapporteur analysed how international human rights obligations translate into practice at the national level. The Special Rapporteur found that migrants are particularly vulnerable to deprivation of liberty. On the one hand, there is a tendency to criminalize violations of immigration regulations and to severely punish them, in an attempt to discourage irregular migration. On the other hand, a great number of countries resort to administrative detention of irregular migrants pending deportation. The Special Rapporteur would like to stress that the phenomenon of irregular migration should be addressed through a new concept of migration management with human rights as an integral part. Migration management is in fact an extremely complex series of processes which go well beyond unilateral punitive measures and control. States of origin, transit and destination, international and regional organizations, financial institutions, NGOs, the private sector and the civil society at large have a shared responsibility in this regard. Deprivation of liberty is undertaken without due regard for the individual history of migrants. Victims of trafficking and smuggling are criminalized, detained and deported for infractions or offences committed as inevitable consequences of the violations they have suffered. Often there is a lack of specific provisions regarding the detention of children and other vulnerable groups, allowing for their detention in conditions that often violate their basic human rights and are detrimental to their physical and mental health. The Special Rapporteur is concerned that in a considerable number of countries, measures aimed at stopping irregular migration undermine migrants’ basic rights, including the right to seek asylum and minimum guarantees against arbitrary deprivation of liberty.