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in all societies and to promote greater harmony and
tolerance.
Specifically, the Special Rapporteur’s functions are as
follows:
7.
The past few years have seen an unprecedented
increase in the smuggling of and trafficking in persons,
for which, unfortunately, migrants provide a most
important source. The Protocols to the United Nations
Convention against Transnational Organized Crime, on
Trafficking in Persons and Smuggling of Migrants,
which contain clauses to protect the victims of such
activities, were adopted in 2000.
(a) To request and receive information from all
relevant sources, including migrants themselves, on
violations of the human rights of migrants and their
families;
8.
Another area of progress noted by the Special
Rapporteur since she assumed her position is the
growing support for the International Convention on
the Protection of the Rights of All Migrant Workers
and Members of Their Families, which, at the time of
submission of this report, required only one more
ratification for its entry into force.
9.
This growing interest on the part of States has
been accompanied by greater activity on the part of
non-governmental organizations (NGOs) and civil
society for the protection of migrants at the
international level. The Special Rapporteur considers
that the role of NGOs and their specific proposals
concerning migration at the World Conference against
Racism, Racial Discrimination, Xenophobia and
Related Intolerance, as well as their presence at various
regional forums, and other international forums, point
up the importance of consensus among those
concerned.
B. History and content of the mandate
10. In its report of 9 March 1999 (E/CN.4/1999/80),
the Commission on Human Rights Working Group of
intergovernmental experts on the human rights of
migrants, which was set up in 1997, concluded that an
international monitoring mechanism should be set up
especially to deal with the protection of migrants. The
Commission on Human Rights adopted resolution
1999/44, setting up such a mechanism, and Ms.
Gabriela Rodríguez Pizarro was subsequently
appointed Special Rapporteur. According to the
resolution, the main function of the Special Rapporteur
would be to “examine ways and means to overcome the
obstacles existing to the full and effective protection of
the human rights of this vulnerable group, including
obstacles and difficulties for the return of migrants who
are non-documented or in an irregular situation”.
6
(b) To formulate appropriate recommendations
to prevent and remedy violations of the human rights of
migrants, wherever they may occur;
(c) To promote the effective application of
relevant international norms and standards on the issue;
(d) To recommend actions and measures
applicable at the national, regional and international
levels to eliminate violations of the human rights of
migrants;
(e) To take into account a gender perspective
when requesting and analysing information, as well as
to give special attention to the occurrence of multiple
discrimination and violence against migrant women.
11. The Commission also requested that, in carrying
out her mandate, the Special Rapporteur should:
(a) Give careful consideration to the various
recommendations of the Working Group of
intergovernmental experts aimed at the promotion and
protection of the human rights of migrants and to take
into consideration relevant human rights instruments of
the United Nations to promote and protect the human
rights of migrants;
(b) Take into account bilateral and regional
negotiations which aim at addressing, inter alia, the
return and reinsertion of migrants who are nondocumented or in an irregular situation.
C. Legal framework of the mandate
12. The legal frame of reference for the Special
Rapporteur’s mandate was set out in the report she
submitted to the Commission on Human Rights in 2001
(E/CN.4/2001/83 and Add.1), which listed the main
international instruments applying to the human rights
of migrants, with particular reference to rights
specifically relating to migrants. Another important
document relating to the rights of non-nationals is the
2001 report of the Special Rapporteur of the
Subcommission on the Promotion and Protection of