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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