E/CN.4/2002/94
page 6
6.
Throughout 2001, the Special Rapporteur gave priority to the preparations for the
World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
and the Conference itself, as requested by the Commission in its resolutions concerning her
mandate. Resolution 2001/52 reaffirmed the responsibility of Governments to safeguard and
protect migrants against illegal or violent acts, in particular acts of racial discrimination and
crimes perpetrated with racist or xenophobic motivation by individuals or groups, and urged
them to take firmer action in that regard.
7.
Lastly, in response to the Commission on Human Rights’ request to her, the
Special Rapporteur has continued to study the situation of migrants’ rights so as to
formulate appropriate recommendations to prevent and remedy violations of those rights
wherever they may occur. To that end, the present report also advocates the effective
application of the relevant international standards on the subject.
II. LEGAL FRAMEWORK
8.
In this report, the Special Rapporteur, encouraged by the Commission on Human Rights
in its resolution 2001/52 to continue to examine ways and means of overcoming existing
obstacles to the full and effective protection of the human rights of migrants, discusses the
changes to the legal framework for her mandate that have occurred during 2001. The
Special Rapporteur refers to her previous report to the Commission, at its fifty-seventh session
(E/CN.4/2001/83), which contains an extensive discussion of the reference legal framework for
her mandate.
9.
First, the Special Rapporteur must single out the great contribution made by the
World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
to the protection of migrants’ rights. The agreements reached during that Conference, published
on 2 January 2002 (A/CONF.189/12) and due to be considered by the General Assembly, are
important indicators of States’ willingness to see to the full and effective protection of those
rights as an addition to their existing international obligations. The Conference engendered
numerous recommendations on steps to be taken by all States to ensure that migrants could live
free of racial violence, discrimination and xenophobia.1 The World Conference also recognized
the important link between migration control and the need to protect the human rights of all
migrants.2
10.
Within the legal framework mapped out for her report to the Commission at its
fifty-seventh session, the Special Rapporteur emphasized the importance of the International
Convention on the Protection of the Rights of All Migrant Workers and Members of Their
Families of 18 December 1990. She commented in the report that the Convention was due
to enter into force imminently, since the ratifications of Uruguay (15 February) and
Belize (14 November) had been received in 2001 and only three more ratifications were
needed for entry into force.
11.
During her official visit to Ecuador, the Special Rapporteur was also informed that
Ecuador’s Congressional Committee on International Affairs and National Defence had
endorsed the text of the Convention and ratification was imminent. That would make the 18th