E/CN.4/2003/85/Add.2 page 8 14. Mexico has ratified most of the international and regional human rights treaties, including the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. The Special Rapporteur congratulates Mexico on the international commitments it has undertaken and recommends that it should ratify those treaties to which it is not yet a party. 15. The above-mentioned international commitments undertaken by Mexico are reflected at the national level in the ratification of the international instruments by Congress. In addition to the Constitution of the United Mexican States, the most relevant legislation concerning migration in Mexico is the General Population Act and its regulations, the Citizenship Act, the Regulations governing the Ministry of the Interior and the decree establishing the INM. These laws and regulations govern migration procedures, establishing migrants’ duties and the limits on their rights, but do not explicitly and exhaustively list the obligations of the Mexican State with regard to the protection of the human rights of migrants. Rather, these rights are regulated by secondary laws. 16. The Special Rapporteur is concerned about the parts of the General Population Act dealing with criminal penalties (up to 10 years’ imprisonment) for undocumented migrants. This law criminalizes on undocumented migrants and can even be applied to the victims of trafficking and smuggling. Several officials told the Special Rapporteur that, in practice, this law is not applied strictly and that illegal migrants are usually deported or expelled without being punished under criminal law. This apparent gap between the law and practice leaves room for some discretion, which might in some cases have given rise to abuse and arbitrary action.1 The Special Rapporteur feels it should be pointed out that, as far as criminalization is concerned, the Protocol against the Smuggling of Migrants by Land, Sea and Air, which supplements the United Nations Convention against Transnational Organized Crime, states that migrants who are victims of illegal smuggling of persons or related activities are not subject to criminal proceedings. The Special Rapporteur invites Mexico to use the Protocol as a frame of reference in these matters. III. MIGRANTS IN TRANSIT THROUGH MEXICO: GROUNDS FOR CONCERN 17. Mexico has a recognized tradition of accepting migrants and asylum-seekers, as reflected not only in its foreign policy but also in a number of domestic initiatives to help migrants. These measures include programmes to legalize migrants, as is done, for example, in the case of former Guatemalan refugees who have not returned to their country, and opportunities for individuals or organizations to sponsor a migrant’s stay in Mexico. Some of the largest migratory flows in the world - many of them illegal - take place in Mexico. The Special Rapporteur observed that migrants are nevertheless vulnerable during the whole of their journey through Mexico. Extortion and attacks on the physical integrity and dignity of migrants 18. The Special Rapporteur observed a general climate of harassment and exploitation of the vulnerability of migrants. She believes that efforts to protect migrants’ dignity should be stepped up as a matter of urgency by all concerned. She heard testimony from men, women and children who had been attacked by criminal gangs specializing in attacking foreign migrants in transit.2