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recognized. A total of eight cases analysed by COMAR Tapachula were recognized as refugees:
Colombia (2), Somalia (1), Burundi (1), Cuba (1) and Iraq (3). Thirty-one per cent of the
applicants abandoned the procedure, many because of the amount of time spent in the migratory
holding centre during the procedure.
80. The percentage of refugees recognized seems to be in decline, perhaps due to the fact that
asylum-seekers of African origin are provided with an exit permit (oficio de salida), which
allows them to travel through the country (generally with the goal of crossing the northern
border). Since the destination of extraregional migrants is usually the North, they often do not
bother to seek asylum in Mexico when they can be granted an exit permit.
V. CONCLUSIONS AND RECOMMENDATIONS
81. Mexico’s progress in developing and implementing programmes to protect the human
rights of migrants is evident, in terms of both the Government’s capacity and willingness.
The Special Rapporteur witnessed notable efforts by Mexican authorities to improve the
handling of detention centres (especially overcrowding), training of border officials, return,
and protection of children. Nevertheless, there are many issues of concern that warrant
further attention and resources and, accordingly, the Special Rapporteur wishes to make
the following suggestions for further consideration and action.
A. Recommendations to the Government of Mexico
Legal revisions
82. Regarding the expulsion of migrants from its territory, the Special Rapporteur
recommends that the Government of Mexico review its laws regarding expulsion (article 33
of the Constitution and corresponding practices stipulated in the General Population Act)
and formulate policies according to international human rights law standards, that
migrants are expelled only pursuant to a decision taken by the competent authority
pursuant to the law. In addition, the Special Rapporteur, following up on recommendations
by the Committee on Migrant Workers, recommends that Mexico should consider taking
measures to withdraw its reservation to article 22, paragraph 4, of the Convention on
Migrant Workers.
83. Regarding the criminalization of irregular migration, the Special Rapporteur
welcomes the reform of the General Population Act and urges its harmonization with
international law and reflection of attendant protections in practice. He is concerned with
the punitive measures given to irregular migrants, including migrants involved in
smuggling and trafficking. Now that irregular migration has been decriminalized by the
reforms, and following up on recommendations by the Committee on Migrant Workers,
the Special Rapporteur recommends that the law should, inter alia, implement the
classification of illegal entry into the country as an administrative rather than criminal
offence.
84. The Special Rapporteur again welcomes the efforts made by Mexico to implement the
Convention on Migrant Workers, and notes that Mexico recently made a declaration under