E/CN.4/2002/94
page 3
Executive summary
Pursuant to Commission on Human Rights resolution 2001/52, the Special Rapporteur on
the human rights of migrants, Ms. Gabriela Rodríguez Pizarro, hereby submits her third report to
the Commission at its fifty-eighth session. The report documents her activities and the
communications she sent and received, during 2001. It also contains a discussion of the main
trends in the protection of migrants’ rights during 2001, including positive developments and
situations of concern to the Special Rapporteur.
In its mandate to her, the Commission on Human Rights requested the Special
Rapporteur to examine ways to overcome the obstacles existing to the full and effective
protection of the human rights of this vulnerable group, including obstacles and difficulties for
the return of migrants who are non-documented or in an irregular situation.
In this report, the Special Rapporteur emphasizes the important developments that have
taken place in the formulation of strategies to protect the rights of migrants, and in particular the
achievements of the World Conference against Racism, Racial Discrimination, Xenophobia and
Related Intolerance as regards migration and human rights.
In the course of 2001, the Special Rapporteur was able to observe the extreme forms of
abuse to which migrants are subjected by trafficking in human beings. In this report, she
considers the consequences of trafficking for its victims and emphasizes her concern at the way
the trafficking networks operate with impunity while, paradoxically, many States penalize their
victims. She considers the challenge of managing migratory flows in an orderly manner,
highlighting the need to combat the corruption that goes hand-in-hand with the trafficking, and to
draft national legislation that truly does penalize illegal activity of this sort which exposes
migrants to the worst forms of abuse. She recommends States to ratify 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.
The report emphasizes the situation of migrant women and unaccompanied minors in the
trafficking and smuggling of human beings, and the experience of many young women who
emigrate to more developed societies and settle down in the receiving countries because they do
not encounter there the patterns of discrimination and repression by other members of their
families that they suffered at home.
The Special Rapporteur also addresses the connection between asylum and migration,
pointing out that the 1951 Convention relating to the Status of Refugees needs to be applied
more effectively and that human rights must be properly protected as migration is controlled.
She observes, furthermore, that the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families is about to enter into force, needing only
three more ratifications to do so.