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of the 20 ratifications necessary for the Convention to enter into force. The Special Rapporteur
takes this opportunity to recommend all States that have not yet done so to consider ratifying this
important instrument.
12.
The Special Rapporteur emphasizes the importance of the United Nations Convention
against Transnational Organized Crime, the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, and the Protocol against the Smuggling
of Migrants by Land, Air and Sea. These three agreements are important references for the
protection of migrants’ rights, because they govern protection in the situations where the most
extreme violations of migrants’ rights occur. Their ratification would be an important step
towards effectively preventing the traffic in and smuggling of human beings and avoiding
penalizing the victims.
13.
The Special Rapporteur regards as particularly important the clauses in those instruments
calling on States to classify the trafficking in and smuggling of human beings as criminal
offences, and to establish as aggravating circumstances any that, for example, endanger the lives
or safety of migrants. She emphasizes the wording in the Protocol against the smuggling of
migrants which states explicitly that “migrants shall not become liable to criminal prosecution”
for having been the object of the offences covered by the Protocol, which is contrary to what she
has come across in a variety of accounts since she took up her mandate.
14.
The Protocols are international legal frameworks for efforts to combat and prevent
trafficking and smuggling through international cooperation, and set out specific guidelines on
the appropriate strategies and methods to follow. They also state the principles that must be
respected when the victims of smuggling and trafficking are repatriated or returned, laying
emphasis on the victims’ dignity and safety. As this report was being completed, 140 States had
signed the United Nations Convention against Transnational Organized Crime and 6 had become
parties, 101 States had signed the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children but only 4 had ratified it, while 97 States had signed
the Protocol against the Smuggling of Migrants by Land, Air and Sea, and 4 had ratified that.
15.
The Special Rapporteur was extremely interested to receive, during 2001, the report of
the Special Rapporteur on the rights of non-citizens, Mr David Weissbrodt, submitted to the
Sub-Commission on the Promotion and Protection of Human Rights at its fifty-third session
pursuant to Sub-Commission decision 2000/103 on the rights of non-citizens
(E/CN.4/Sub.2/2001/20 and Add.1).
16.
The Special Rapporteur on the rights of non-citizens examines, instrument by instrument,
the rights that non-citizens have, international and regional case law, and the comments and
recommendations made by the bodies established under the treaties concerned. The Special
Rapporteur on the human rights of migrants regards this report as a worthy contribution to the
systematizing of the protective legal framework for non-citizens in the international sphere. She
considers it a successful compilation of the challenges involved in providing a clear definition of
those rights in international law. The report mentions, for instance, the important work that the
Committee on the Elimination of Racial Discrimination could continue to carry out, the better to
articulate the rights of non-citizens in matters of non-discrimination.