A/66/264
6.
During the reporting period, the Special Rapporteur undertook a country
mission to South Africa from 24 January to 1 February 2011 at the invitation of the
Government. While recognizing efforts made by the Government to protect
migrants, the Special Rapporteur noted, in his report on the visit
(A/HRC/17/33/Add.4), that a number of challenges still need to be addressed. In
particular, he noted the absence of a clear and comprehensive immigration policy,
the lack of data and statistics, the question of detention of foreign nationals, access
to health-care services and the situation of unaccompanied foreign children, and
made a number of recommendations in this context.
B.
Reports
7.
The Special Rapporteur submitted six thematic reports to the Commission on
Human Rights and its successor, the Human Rights Council, 2 and four reports (prior
to the present document) to the General Assembly. 3 In his reports to the Human
Rights Council, the Special Rapporteur examined the following themes: impact of
certain laws and administrative measures against migrants (A/HRC/4/24);
criminalization of irregular migration (A/HRC/7/12); the protection of children in
the context of migration (A/HRC/11/7); and major challenges in the realization of
migrants’ right to health and adequate housing (A/HRC/14/30).
8.
In his final report to the Human Rights Council (A/HRC/17/33), presented at
its seventeenth session in June 2011, the Special Rapporteur recapitulated the
concerns and findings in relation to those themes. In conclusion, the Special
Rapporteur expressed concern at the increasing intolerance and vulnerability of
migrants to potential racist or xenophobic violence, trafficking and smuggling and
the fact that migrants with irregular status often fear to seek protection from
authorities and are hence left without access to basic social rights. He emphasized,
however, that migration can be an essential component of development and
prosperity in all countries of origin, transit and destination around the globe (ibid.,
para. 78).
9.
The reports submitted by the Special Rapporteur to the General Assembly have
examined in further depth some of these themes, notably the protection of children
(A/64/213) and criminalization of migration (A/65/222), and have covered other
areas deemed to be of particular interest to the Assembly, such as the High-level
Dialogue on International Migration and Development (A/61/324).
C.
Communications
10. From August 2005 to July 2011, the Special Rapporteur sent 162
communications to Governments on alleged or imminent violations of the human
rights of migrants. Of these, 108 were letters of allegation and 54 were urgent
appeals. The Special Rapporteur received 102 replies (63 per cent) from
Governments to those communications. The majority of communications (112) were
__________________
2
3
4
E/CN.4/2006/73 and Add.1 and 2; A/HRC/4/24 and Add.1-3; A/HRC/7/12 and Add.1 and 2;
A/HRC/11/7 and Add.1 and Add.1/Corr.1 and Add.2 and 3; A/HRC/14/30 and Add.1-3; and
A/HRC/17/33 and Add.1-4.
A/60/357, A/61/324, A/64/213 and Corr.1 and A/65/222.
11-44418