E/CN.4/2005/85 page 17 60. After examining the reports received, the Special Rapporteur takes into account the considerations or admissibility criteria applied during that examination. Each taken individually could be a sufficient condition, but generally speaking several apply. These considerations are: (a) The existence of authoritative reports confirming violations of the human rights of migrants, from, for example, national commissions on human rights or United Nations human rights mechanisms and bodies; (b) The consistency of the information with other situations or individual cases from the country in question previously brought to the Special Rapporteur’s attention; (c) The previous reliability of the source of the information; (d) The existence of domestic legislation that is incompatible with international human rights obligations. 61. The introduction by States into immigration law of differential treatment for nationals and foreigners is not considered by the Special Rapporteur to be discriminatory to the extent that the differences are warranted on reasonable and objective grounds and have a legitimate purpose under the International Covenant on Civil and Political Rights (art. 2.1). 62. In determining whether reported deprivation of liberty of asylum-seekers and immigrants constitutes arbitrary detention, the Special Rapporteur applies the criteria adopted by the Working Group on Arbitrary Detention in its Deliberation No. 5, on the situation regarding immigrants and asylum-seekers (E/CN.4/2000/4, annex II). 63. The Special Rapporteur also transmits to the Governments concerned any information she receives on attacks on, and/or intimidation of, members of NGOs or migrant associations involved in the promotion, protection and defence of the human rights of migrants. 64. Once the communications have been sent, the Governments concerned have the opportunity to reply with whatever comments they consider pertinent. The contents of the communications sent and the replies received from the Governments concerned are brought to the Commission’s attention in the Special Rapporteur’s annual reports. The Special Rapporteur also includes in her reports to the Commission comments on the situations described in the allegations transmitted and the replies received. 65. Under Commission resolution 1999/44, the Special Rapporteur is also required to formulate appropriate recommendations to prevent and remedy violations of the human rights of migrants, wherever they may occur; promote the effective application of relevant international standards on the issue; recommend actions and measures applicable at the national, regional and international levels to eliminate violations of the human rights of migrants; take into account a gender perspective when requesting and analysing information; and give special attention to the occurrence of multiple discrimination and violence against women. Accordingly, she arranges visits and conducts research into specific topics relating to the human rights of migrants. She also exchanges information and participates actively in the consultative processes on migration

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