A/57/292
I. Introduction
1.
Pursuant to Commission on Human Rights
resolution 2002/62, entitled “Human rights of
migrants”, the Special Rapporteur on the human rights
of migrants, Ms. Graciela Rodríguez Pizarro, submits
the present report to the General Assembly. In the
resolution the Commission on Human Rights requested
the Special Rapporteur to submit a report on her
activities to the General Assembly at its fifty-sixth
session and decided to extend the Special Rapporteur’s
mandate for a further three-year period.
2.
In the present report the Special Rapporteur
reports to the General Assembly on what she has been
done to protect the human rights of migrants since the
establishment of her mandate in 1999. Conscious of the
great responsibility and the huge task that this entails,
she takes this opportunity to state her overall vision of
the phenomenon of migration, as she has been doing in
her annual reports to the Commission on Human
Rights.
II. Mandate
A. International context
3.
The International Organization for Migration
(IOM) has estimated that by 2050 there will be a total
of 230 million migrants in the world. According to
IOM, intra- and extraregional migratory flows are
becoming increasingly diverse, with a growing
proportion being made up of women. IOM also claims
that migration through irregular channels is increasing
and that the problem of trafficking in persons is
becoming more acute. On the other hand, globalization
holds out the promise of richer social and cultural
exchanges through migration, which is becoming an
undeniable reality in our societies. In her speech at the
fifty-eighth session of the Commission on Human
Rights, the Special Rapporteur said that we cannot
restrict our consideration (of the migration
phenomenon) to the purely economic point of view, in
which we see the productivity and (labour and
economic) contribution of migrants as the only values.
We must adopt an integral approach from the
perspective of respect for migrants’ rights, of the
responsibility borne by States as guarantors of those
rights and the positive contribution made by migrants
at the social and cultural level. She pointed out that,
over the past decade, there had been far more debate on
the migration phenomenon at the multilateral and
regional level.
4.
The international community’s growing interest
in the protection of the human rights of migrants was
evidenced by the numerous recent world conferences
and multilateral forums at which States had devoted
extensive attention to the aspects of migration that give
rise to particular concern. Among these forums, the
Special Rapporteur drew particular attention to the
Vienna Declaration and Programme of Action, adopted
by the World Conference on Human Rights in 1993
(part II, paras. 33-35), the Programme of Action of the
International
Conference
on
Population
and
Development (chapter X), the Programme of Action of
the World Summit for Social Development (chapter
III), the Beijing Declaration and Platform for Action
adopted by the Fourth World Conference on Women
(chapter IV.D) and the Declaration and Plan of Action
of the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance,
held in Durban, South Africa, in 2001. The Special
Rapporteur
also
mentioned
the
International
Conference on Financing for Development, held in
Monterrey, Mexico, from 18 to 22 March 2002.
5.
The international community’s concern about the
human rights of migrants led to the establishment, in
1997, of the Working Group of intergovernmental
experts on the human rights of migrants and, in 1999,
to the decision to appoint a special rapporteur on the
human rights of migrants. In 2002, the Commission on
Human Rights adopted no fewer than four resolutions
relating to the protection of the human rights of
migrants, 1 which showed the growing interest in the
topic. On 19 December 2001, the General Assembly
also adopted resolution 56/170 on the protection of
migrants, paragraph 5 of which reiterates “the need for
all States parties to protect fully the universally
recognized human rights of migrants, especially
women and children, regardless of their legal status,
and to treat them humanely, in particular with regard to
assistance and protection”.
6.
The Special Rapporteur draws attention to the
renewed commitment, contained in the United Nations
Millennium Declaration, to take measures to ensure
respect for and protection of the human rights of
migrants, migrant workers and their families, to
eliminate the increasing acts of racism and xenophobia
5