E/CN.4/2005/85
page 14
43.
The Special Rapporteur has found that the information available to prospective women
migrants is inadequate to protect against the risks of illegal migration, such as trafficking for the
purposes of sexual exploitation, forced labour or services, slavery or slavery-like practices,
servitude or the removal of organs.15 The Special Rapporteur has described how many women
recruited by agencies end up as victims of labour exploitation, in some cases suffering
slavery-like conditions or forced labour (see E/CN.4/2004/76).
44.
With regard to trafficking in humans in the context of international migrations, the
Special Rapporteur has identified a series of good practices aimed at safeguarding the human
rights of victims and preventing them from being treated as criminals.16 Since the establishment
of this special procedure, the international community has developed various instruments to
prevent trafficking in persons. Most notably, the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children, supplementing the United Nations
Convention against Transnational Organized Crime, has enabled many States to adopt specific
legislation at the national level and encouraged greater intergovernmental cooperation in this
area. The Special Rapporteur acknowledges the efforts made in this regard and recalls that the
legal framework established to deal with this kind of crime can be supplemented by measures to
safeguard victims’ rights, such as the Recommended Principles and Guidelines on Human Rights
and Human Trafficking of the Office of the United Nations High Commissioner for Human
Rights.17 Such measures may include providing trafficked persons with legal assistance,
protection for witnesses, rehabilitation of victims, the option of rehabilitation or resettlement in
the country of destination, and action to combat the root causes of trafficking in the countries of
origin, in particular by strengthening women’s economic role.
D. Unaccompanied minors
45.
In her first report to the General Assembly, the Special Rapporteur drew attention to
three situations in which States seem slow to take account of the best interests of unaccompanied
minors: detention,18 repatriation procedures19 and family reunification (A/57/292, paras. 39-44).
46.
In its resolution 2000/85, entitled “Rights of the child”, the Commission requested States
to cooperate fully with and assist the Special Rapporteur on the human rights of migrants, in
order to address the particular vulnerable conditions of migrant children, and the Special
Rapporteur has continued to transmit allegations of violations of the human rights of
unaccompanied minors. Of particular note during the reporting period were the cases
transmitted to the Spanish Government concerning alleged summary deportations of
unaccompanied minors by border guards at Melilla, and alleged ill-treatment of minors in
reception centres there.20
47.
The Special Rapporteur has also been paying close attention to reports of growing
numbers of undocumented Central American children, aged between 10 and 17, who are
detained en route to the United States. In her communications, she has expressed her concern
to the countries these children pass through with the help of illicit migrant traffickers. Some
of them are sent by their parents to find work and send money home. During the period
under review the Special Rapporteur transmitted to the Government of Costa Rica cases of
unaccompanied minors travelling illegally to join their parents, with the help of
migrant-smuggling rings (E/CN.4/2005/85/Add.1).