A/57/292 IV. Conceptual and substantive development of the question of the human rights of migrants 25. In her first report (E/CN.4/2000/82), the Special Rapporteur proposed that the following persons should be considered as migrants: (a) Persons who are outside the territory of the State of which they are nationals or citizens, are not subject to its legal protection and are in the territory of another State; (b) Persons who do not enjoy the general legal recognition of rights which is inherent in the granting by the host State of the status of refugee, naturalized person or of similar status; (c) Persons who do not enjoy either general legal protection of their fundamental rights by virtue of diplomatic agreements, visas or other agreements. 26. In paragraph 30 of that report, the Special Rapporteur stressed that “in the light of the political, social, economic and environmental situation of many countries, it is increasingly difficult, if not impossible, to make a clear distinction between migrants who leave their countries because of political persecution, conflicts, economic problems, environmental degradation or a combination of these reasons and those who do so in search of conditions of survival or well-being that do not exist in their places of origin”. The Special Rapporteur also noted the challenge of how to define migrant population in a way that takes account of new situations and how to reflect that concept in international instruments. 27. Since the establishment of her mandate, the Special Rapporteur has tried to draw attention to the situation of thousands of persons in various countries who do not benefit from protection under the Convention on the Status of Refugees and who nevertheless flee from situations of persecution and open warfare. It has been a matter of deep concern to the Special Rapporteur to observe the situation of thousands of persons in various countries of the world who are fearful of applying for refugee status or who are denied that status and go underground and become illegal migrants. The Special Rapporteur has reiterated the necessity for States Parties to the Convention of 1951 and the Protocol of 1967 to fulfil their obligations under these instruments. She has also reminded States 12 that international human rights instruments constitute a legal framework for the protection of migrants and that, in this connection, the status of illegal migrant should not be used as justification for the violation of their rights. A. Discrimination 28. Many countries have discriminatory laws and practices against foreigners seeking work in a country of which they are not nationals. The granting or denial of visas based on the particular national origin of the applicant and on the grounds of national security are some of the common realities facing migrant workers and which are a cause of concern to the Special Rapporteur. Also of concern to the Special Rapporteur are the proliferation of political platforms with antimigrant language in many Western countries, acts of racial violence and xenophobia committed by extremist groups, and the use of negative and discriminatory stereotypes about migrants in the communication media. The Special Rapporteur is also concerned at the recent reports published by Human Rights Watch and Amnesty International on the situation of migrants in Spain and, in particular, all forms of discriminatory treatment towards them. 2 29. The situation of the migrant in the face of discrimination, xenophobia and intolerance has been described at length by the Special Rapporteur in her reports (see A/CONF.189/PC.1/19 on the specific question of discrimination against women). The Special Rapporteur has noted how discrimination and marginalization are reasons for emigration from the country of origin. In addition, the existence of xenophobic and discriminatory attitudes in the migration process itself continues to give cause for concern. The Special Rapporteur considers that at the heart of the problem are the everyday customs in which the problem most clearly manifests itself. These customs have developed because of the existence of certain stereotypes, which must be rooted out by taking specific measures to vigorously promote human rights, democracy and cultural pluralism. 30. The measures agreed upon at the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance must therefore be translated into concrete national service and preventive programmes that take into account all vulnerable groups that have been identified. During the