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relating to the Status of Refugees of 1951 and therefore
forced to become clandestine for fear of suffering
persecution in their country of origin. In that context,
she welcomes the “global consultation” process
embarked on by the Office of the United Nations High
Commissioner for Refugees (UNHCR), which has
given rise to deep and serious debate on the link
between asylum and migration.
64. The Special Rapporteur draws attention to the
feminization of migratory flows, the particular
vulnerability of migrant women and the many forms of
discrimination to which they are exposed, especially
those engaged in domestic work.
65. The Special Rapporteur takes this opportunity to
express her concern about cases of the detention and
expulsion of unaccompanied minors and the obstacles
to family reunification encountered by such children.
66. She notes that a good many countries have not
come up with an effective strategy to combat the
spread of illegal migrant-smuggling networks or made
trafficking a punishable offence under their law.
67. The Special Rapporteur is particularly concerned,
on the basis of information received and direct
observation in testimony from migrants, as well as
concerns expressed by the authorities and NGOs, by
the fact that the criminal activities of trafficking and
smuggling are committed in a climate of extreme
corruption.
68. The Special Rapporteur suggests that the topic of
the protection of the human rights of migrants should
be integrated into every stage of migration
management.
VI. Recommendations
69. The Special Rapporteur strongly recommends
that States should ratify the International Convention
on the Protection of the Rights of all Migrant Workers
and Members of Their Families.
70. She also recommends that States should accede to
the United Nations Convention against Transnational
Organized Crime and its Protocols on Trafficking in
Persons and Smuggling of Migrants. This Convention
and its Protocols should form the basis of effective and
concerted international action to combat this extreme
form of abuse and decriminalize its victims.
71. The Special Rapporteur recommends that States
should model their national legislation on the Protocols
to the Convention in order to prevent, combat and
punish the trafficking and smuggling of migrants.
Prevention should start in countries of origin; they
should combat corruption, issue proper documentation
and launch mass information campaigns.
72. In countries of destination containing smuggling
and trafficking networks, specific measures should be
adopted to protect and decriminalize victims. Effective
strategies should be adopted to eliminate the use of
exploitative labour.
73. Effective protection for the human rights of
migrants should be ensured at every stage of migration
management procedures, both in the receiving State
and the States of transit and origin.
74. The Special Rapporteur recommends that efforts
should be made not to polarize the debate on migration,
since the protection of the human rights of migrants is
not incompatible with either the exercise of
sovereignty by States or the practical implementation
of national security policies.
75. The Special Rapporteur urges States to seek joint,
equitable and appropriate solutions, through regional
and bilateral dialogue, to the problems posed by
migration. She also recommends that existing regional
dialogues should move beyond the initial phase of
diagnosing the problem to that of concerted action by
the participating countries.
76. As for xenophobia and discrimination, the
measures agreed at the World Conference against
Racism, Racial Discrimination, Xenophobia and
Related Intolerance should be translated into specific
national care and prevention programmes and take into
account all groups identified as vulnerable, including
migrants.
77. The Special Rapporteur considers it most
important to tackle the problem of violence against
women migrant workers, who constitute a vulnerable
group, and recommends that States should draw up
programmes specifically aimed at that sector in such
areas as legal protection, human rights education
campaigns,
assistance,
punishment
of
abuses
committed against migrant women and protection. The
work done by female domestic workers should also be
recognized.
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