E/CN.4/2005/85 page 16 54. The Special Rapporteur considers the situation of migrants with irregular administrative status to be a priority issue: she includes in this category immigrants who entered the host country clandestinely, asylum-seekers who have been denied refugee status, immigrants who find themselves in a situation of de facto illegality, and those whose residence permits have expired. 55. The Special Rapporteur takes as a basis and standard reference for her work on this subject the Recommended Principles and Guidelines on Human Rights and Human Trafficking, which she has repeatedly invited States and intergovernmental organizations to apply in their efforts to combat trafficking and safeguard victims’ rights. The aim of the Principles and Guidelines is to promote and facilitate the incorporation of a human rights perspective in anti-trafficking legislation, policies and measures at the national, regional and international levels. 56. In accordance with her mandate, the Special Rapporteur requests and receives information from all relevant sources on violations of the human rights of migrants and their families. To that end she has adopted the letters of allegation procedure and the urgent appeal procedure, in line with the suggestions and methods of work proposed in 1999 by the sixth meeting of special rapporteurs/representatives, experts and chairpersons of working groups of the special procedures of the Commission on Human Rights and of the advisory services programme.21 57. The Special Rapporteur transmits to the Governments concerned summaries of all credible allegations of violations of the human rights of migrants. In her communications she requests Governments to investigate the allegations and keep her informed. She also urges Governments to take all necessary measures to investigate, try and suitably punish anyone guilty of the alleged violations, whatever their rank or position; and to take effective preventive measures to ensure the full protection of the human rights in question and avoid any recurrence of such incidents. 58. Allegations of irreversible violations of the human rights of migrants are transmitted to States through a letter of allegation, in which the Special Rapporteur asks the State concerned, through its Permanent Representative to the United Nations Office at Geneva, to provide information on the facts of the case, the outcome of the investigation and the decisions taken in open judicial proceedings against the perpetrators. This procedure has also been used to seek information from Governments about their domestic legislation on foreigners, where there is a possibility that such legislation or its application is inconsistent with States’ international human rights obligations. 59. The Special Rapporteur may on occasions deem it necessary to issue an urgent appeal where a gross violation of the human rights of one or more migrants is alleged to be imminent or actually taking place. The urgent appeal procedure is not in itself accusatory but essentially preventive in nature and intent. Urgent appeals are sent directly to Ministers for Foreign Affairs and contain a request from the Special Rapporteur for the Government in question to investigate the facts and take steps to safeguard the rights of the migrant affected in accordance with international human rights law.

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