E/CN.4/2002/94
page 9
21.
In connection with the concern which she has felt throughout her mandate about the
status of migrants’ family members and the psychosocial effects of migration, the Special
Rapporteur attaches importance to Commission resolution 2001/56 of 24 April 2001,
“Protection of migrants and their families”. She particularly values paragraph 2, which
“encourages States of origin to promote and protect the human rights of those families of migrant
workers which remain in the countries of origin, paying particular attention to children and
adolescents whose parents have migrated, and encourages international and non-governmental
organizations to consider supporting States in this regard”. The Special Rapporteur feels that
resolution 2001/56 captures the entire problem of how migration affects human rights, ranging
from the situations of migrants in transit countries and of the children remaining in the country
of origin to the conditions under which earnings are remitted.
22.
Lastly, on the connection between asylum and migration addressed in chapter IV of this
report, the Special Rapporteur draws attention to the need to apply the 1951 Convention on the
Status of Refugees and the 1967 Protocol thereto more effectively, and ensure that human rights
really are protected during efforts to control migration.
III. METHODS OF WORK
23.
For a general description of the working methods associated with her mandate, the
Special Rapporteur refers to the report she submitted to the Commission on Human Rights at its
fifty-seventh session (E/CN.4/2001/83), which covers them in detail on the basis of the
resolutions which created the mandate.
IV. GENERAL CONTEXT AND SITUATIONS REQUIRING
THE SPECIAL RAPPORTEUR’S ATTENTION
A. Status of the question
24.
In her report to the Commission on Human Rights at its fifty-seventh session, the
Special Rapporteur identified five key groups of causes of the migratory flows currently
observed around the world. She emphasized social and economic exclusion, the effects of
widespread warfare, the demand for migrants in the receiving countries, the attraction that those
countries exert, and natural disasters as the main factors leading people to emigrate. During the
period covered by this report, the Special Rapporteur has observed how people emigrate and the
circumstances in which the largest and most serious violations of human rights occur.
Specifically, she has observed many cases of death, cruel, inhuman and degrading treatment and
abuse, of men, women and children of both sexes from Asia, Africa, Latin America and
eastern Europe, associated with the smuggling of migrants.
25.
The Special Rapporteur repeats that States bear a shared responsibility for regulating
migration and combating abuses and violations of migrants’ rights. She has pointed out that
such violations begin in the countries of origin, where future migrants cannot establish
themselves, often face discrimination and are denied their basic rights. Parallel to this, in the
receiving countries there is a demand for immigrant labour in a variety of productive sectors and