E/CN.4/2005/85/Add.2
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responsibility of the Ministry of the Interior, and the assistance, education and integration
programmes and policies that are the responsibility of the Ministry of Labour and Social
Affairs.
62.
The Special Rapporteur notes that integration efforts of migrants are being
frustrated by the obstacles which irregular status places in the way of the full integration
of the migrant and the migrant’s enjoyment of his rights.
63.
The Special Rapporteur notes a lack of knowledge of the guarantees and rights
which international human rights law accords and recognizes for migrants. This situation
may result in cases of arbitrary decisions and possible violations of human rights. In the
contexts of interception, return, expulsion and detention in particular, migrants run the
risk of possible abuses and violations, against which they are defenceless, owing to the
absence or insufficiency of legal assistance.
64.
The Special Rapporteur notes that there are very few or almost no national NGOs
dealing with the issue of migrants. The very few Iranian NGOs with whom she met during
her stay in the country did not deal with the issue of migrants.
65.
The Special Rapporteur considers that the work of Afghan associations to assist and
protect the rights of migrants should be commended and supported.
B. Recommendations
66.
The Special Rapporteur considers that it is important to acknowledge that there are
a number of migrants in the Islamic Republic of Iran, most of whom are Afghans, and on
this basis to proceed to the implementation of a national policy of assistance and protection
for migrants. This policy must be put into effect from the human rights standpoint and
reflected in concrete programmes. Measures to ensure that migrants enjoy in practice the
rights to legal assistance in all administrative proceedings relating to their migration status
should be considered.
67.
The Special Rapporteur recommends to the Iranian authorities that they initiate
and encourage more domestic research and evaluation of the presence, working conditions
and impact of foreign migrant workers on the Iranian economy and society. This would
help policy planners to better address issues of legal migration, to identify where foreign
labour is genuinely required and, as a corollary, to determine which sectors may require
protection against competition from migrant labour.
68.
The Special Rapporteur recommends that the Government of the Islamic Republic
of Iran sign and ratify the International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families. In the meantime, the Special
Rapporteur invites the Government to initiate a process of harmonizing national legislation
and public policies with the Convention and amending relevant legislation where
appropriate to ensure that the human rights of migrants and asylum-seekers are not
jeopardized.