E/CN.4/2002/94
page 8
17.
A close reading of the report also reveals, in the Special Rapporteur’s opinion, that the
international system of protection is less robust where non-citizens in irregular situations are
concerned. It is crucial to remember the general principles governing States’ obligations towards
migrants, which must be upheld irrespective of any classification of rights by individuals’
migrant status. In particular, the Special Rapporteur would remind all concerned of the
general principle of non-discrimination set forth in the Charter of the United Nations, the
Universal Declaration of Human Rights and the main international human rights instruments to
which the Special Rapporteur on the rights of non-citizens refers in his report. She draws
attention to the agreement reached at the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance to request States to “promote and protect
fully and effectively the human rights and fundamental freedoms of all migrants, in conformity
with the Universal Declaration of Human Rights and their obligations under international human
rights instruments, regardless of the migrants’ immigration status.3
18.
In keeping with the mandate given to her by the Commission on Human Rights, and in
connection with the steps now being taken to confront terrorism on global scale, the Special
Rapporteur emphasizes how important it is for States to honour the international commitments
on human rights that they have made, especially as regards the non-derogable rights of every
human being. In particular, it bears repeating that States parties to the International Covenant on
Civil and Political Rights can, to the extent strictly required by the prevailing situation, suspend
obligations they have assumed under the Covenant provided that such action is not incompatible
with their other obligations under international law and does not result in any kind of
discrimination on grounds of race, colour, sex, language, religion or social origins. The Special
Rapporteur also emphasizes the significance of article 13 of the Covenant, which states that
“an alien lawfully in the territory of a State party to the present Covenant may be expelled
therefrom only in pursuance of a decision reached in accordance with law and shall, except
where compelling reasons of national security otherwise require, be allowed to submit the
reasons against his expulsion and to have his case reviewed by, and be represented for the
purpose before, the competent authority or a person or persons especially designated by the
competent authority”.
19.
The Special Rapporteur echoes the call made by the Commission on Human Rights in
resolution 2001/52, adopted at its fifty-seventh session on 24 April 2001, emphatically
reaffirming the duty of States to ensure full respect and observance of the Vienna Convention on
Consular Relations. In particular, she reaffirms the right of foreign nationals, regardless of their
immigration status, to communicate with a consular official of their own State in the case of
detention, and the obligation of the State in whose territory the detention occurs to inform the
foreign national of that right.
20.
Lastly, resolution 2001/52 urges all States to adopt effective measures to put an end to
the arbitrary arrest and detention of migrants, including by individuals and groups, welcomes
immigration programmes adopted by some countries that allow migrants to integrate fully
into the host countries, facilitate family reunification and promote a harmonious and
tolerant environment, and encourages States to consider the possibility of adopting such
programmes.