A/62/218
I. Introduction
1.
The present report is the sixth report to be submitted to the General Assembly
by the Special Rapporteur on the human rights of migrants and the third submitted
by the present Special Rapporteur, Jorge Bustamante. It covers activities carried out
during the period from June 2006 to 1 August 2007.
II. Mandate and communications
2.
The activities of the Special Rapporteur are carried out in accordance with
Commission on Human Rights resolution 1999/44, in which the Commission
established the mandate and defined its functions. At its sixty-first session, the
Commission decided, by its resolution 2005/47, to extend the Special Rapporteur’s
mandate for a further three years.
3.
The Special Rapporteur continues to receive allegations of violations of human
rights of migrants. After careful consideration, he engages with a number of
Member States regarding specific cases. He will submit a report containing all his
communications to the Human Rights Council at its forthcoming session.
III. Country visits
4.
During the reporting period, the Special Rapporteur travelled on official
missions to the Republic of Korea between 5 and 11 December, to Indonesia
between 12 and 21 December, and to the United States of America between 30 April
and 18 May.
A.
Republic of Korea
5.
Between 5 and 11 December 2006, the Special Rapporteur visited the Republic
of Korea. The main purposes of the visit were to assess the prevailing situation of
migrants living in the Republic of Korea and to promote the ratification of the 1990
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families. During and after his visit the Special Rapporteur
encouraged the use of incentives for voluntary return rather than expulsion, in
accordance with procedural guarantees against forced return.
6.
The Special Rapporteur drew attention to the immigration and labour laws in
the light of international human rights treaties that the Government of the Republic
of Korea has signed or ratified. In this regard, he paid special attention to unskilled
migrant workers. The Special Rapporteur recommended that every employer
responsible for violating the human rights of migrant workers should be brought
promptly to justice, including through criminal prosecutions.
7.
With regard to female foreign spouses, the Special Rapporteur recommended
that the Government relax the requirements to apply for naturalization for the
victims of domestic violence. Migrant women who have a child with men who are
nationals of the Republic of Korea should be entitled to residency rights, regardless
of their marriage status. In the case of domestic violence, moreover, foreign victims
must have access to adequate interpretation facilities in police stations and the
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