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46.
The Special Rapporteur considers that policies discriminating against migrants because
of their national origin cannot be allowed to take root, and States must honour their international
undertakings on human rights, particularly as regards the non-derogable rights of every
individual.
47.
The Special Rapporteur added her name to those of 16 other independent United Nations
experts beneath a statement released on Human Rights Day voicing deep concern over the
adoption or contemplation of anti-terrorist and national security legislation and other measures
that might infringe upon the enjoyment of human rights. The statement also deplored human
rights violations and measures particularly targeting groups such as migrants whose effect was to
limit the protection of their rights.
48.
In her statement of 25 September, the Special Rapporteur welcomed efforts by
Governments to combat racist and xenophobic acts perpetrated against migrants in different parts
of the world in reaction to the attacks of 11 September.
The situation of migrant women
49.
Accounts she has received during the period covered by this report suggest to the Special
Rapporteur that many of the young women emigrating to more developed countries settle there
whether they arrived legally or not, because they do not face the same patterns of discrimination
and oppression by family members as at home. The women report that they can decide things
for themselves and are free to do what they want with their lives, despite the hardships they
encounter as migrants.
50.
Many women also report, however, that despite their greater personal freedom they still
face some discriminatory practices, such as being paid lower wages because they are migrants
and women, or not having access to basic health services for women because of their illegal
status. This is a matter of particular concern for migrant women who are pregnant and cannot
always obtain appropriate antenatal care.
51.
During the period covered by this report the Special Rapporteur has continued to pay
close attention to the kinds of abuse to which migrant women in domestic service are subject.
She notes that the protection afforded to domestic workers’ rights is extremely flimsy, and that
many instances of exploitation at work, physical, mental and sexual abuse are reported, in
particular by women emigrating from Asia, a large proportion of whom migrate to countries in
the Persian Gulf region.
52.
In May 2001 the Special Rapporteur attended an Asian regional forum on female migrant
domestic workers organized by a coalition of Asian non-governmental organizations. There she
heard accounts reflecting the lack of access to protective mechanisms in the face of extreme
abuse, including cases of slavery. Victims told her that their consulates had done too little to
protect them and that, besides having suffered violations of their human and labour rights, they
had been penalized and deported for trying to report their employers. The Special Rapporteur
considers it very important to institute a detailed discussion between countries of origin and
receiving countries, including migrants’ and civil society organizations, on the subject of
protection for female migrant domestic workers.