E/CN.4/2005/85
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76.
Judging from the allegations of human rights violations received, by far the most
frequent abuses against this group are discriminatory, xenophobic and racist practices
that occur during the administrative detention of undocumented migrants and through
various ways that migrant workers are exploited. In the course of her work, the
Special Rapporteur has observed that women migrants are at greater risk than men of
discrimination and abuse. Women migrants suffer double discrimination, as women and
as foreigners, compounded in some cases by their illegal status. A better understanding of
the problems of women and international migration requires improvements in the
collection, dissemination and analysis of the kind of data that can explain the causes and
consequences of those problems and thus provide a firm basis for appropriate policies and
programmes.
77.
The Special Rapporteur wishes to draw the Commission’s attention to the
joint statement by participants at the eleventh annual meeting of the special
rapporteurs/representatives, independent experts and chairpersons of the working
groups of the special procedures of the Commission on Human Rights and of the advisory
services programme,22 expressing “their strong concern regarding the continued
deterioration in the situation and the denial of human rights of migrants. We recognize
the sovereign right of States to promulgate laws and regulations concerning the entry
of aliens and the terms and conditions of their stay. Such actions by States must, however,
be consistent with their obligations under international humanitarian law and human
rights law. In this regard, we wish in particular to express our concern about the current
attempts to institutionalize discrimination against and exclusion of migrants as well as the
increasing tendency to restrict the human rights of migrants, including the treatment that
migrants, especially women and unaccompanied minors, deemed to be irregular receive”
(E/CN.4/2005/5, annex I, Section C).
78.
The Special Rapporteur considers that abuses and violations of the human rights of
migrants will cease to go unpunished only when States are held jointly responsible and
those responsible are punished. She therefore urges the Commission on Human Rights to
continue its work on the “Basic Principles and Guidelines on the Right to a Remedy and
Reparation for Victims of Violations of International Human Rights and Humanitarian
Law” (E/CN.4/2000/62, annex) and the General Assembly to do likewise with regard to the
codification of the draft articles on responsibility of States for internationally wrongful acts
General Assembly (resolution 56/83 of 12 December 2001) submitted by the International
Law Commission.
79.
The Special Rapporteur also asks Member States to consider ratifying the
International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families and the United Nations Convention against Transnational
Organized Crime and its protocols, and supplementing them with measures to safeguard
the human rights of victims.
80.
This report and the corresponding addenda describe legislation on foreigners and
immigration that fails to meet modern-day needs and in practice increasingly impairs
migrants’ rights, even at times creating legally untenable situations.