A/57/292
Conference, the 168 participating States endorsed a
broad concept of protection of migrants and requested
all States to “promote and protect fully and effectively
the human rights and fundamental freedoms of all
migrants, in conformity with the Universal Declaration
of Human Rights and their obligations under
international human rights instruments, regardless of
the migrants’ immigration status” (A/CONF.189/12,
Programme of Action, para. 26). The Special
Rapporteur is therefore concerned that certain countries
have decided to give priority to the implementation of
certain aspects of the Programme of Action of the
Conference without taking into account all the points
relating to migrants that were agreed on.
B. The International Convention on the
Protection of the Rights of All Migrant
Workers and Members of Their
Families
31. The Special Rapporteur has also focused, in part,
on actively promoting ratification of the International
Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families. She
has worked actively with the members of the Steering
Committee of the Global Campaign for Ratification of
the Convention and, at the fifty-eighth session of the
Commission on Human Rights, she moderated a roundtable meeting on the Convention in which
representatives of international agencies, States,
national institutions and civil society participated.
32. The Special Rapporteur is greatly encouraged that
the Convention will shortly enter into force; only one
more ratification is needed. She considers that the
Convention is a fundamental element for the protection
of the human rights of migrants since it contains a
broad vision that includes the migrant’s family and the
situation of women and children, and explicitly
recognizes the rights of undocumented migrants.
Another positive element of the Convention is its broad
vision of rights; although it is intended to regulate the
rights of workers, it is not limited to the employment
context but regulates the entire spectrum of workers’
rights.
33. In view of the fact that the Convention is about to
enter into force, the Special Rapporteur intends to
collaborate closely with the treaty organ that is to be
created pursuant to article 72 of the Convention to
monitor its implementation by States Parties. At the
same time, she strongly urges States that have not yet
ratified the Convention to consider acceding to it.
C. The situation of women migrant
workers and violence against women
migrant workers
34. The Special Rapporteur considers it very
important to tackle the issue of violence against women
migrant workers as a vulnerable group and recalls that
during the World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance it
was specifically recognized that discrimination takes
many forms.
35. Due to their double marginalization as women
and as migrants, women migrant workers may easily
find themselves in situations in which they are
vulnerable to violence and abuse, both at home and at
work (see E/CN.4/1998/74/Add.1). As she pointed out
in her first report (E/CN.4/2000/82, para. 56), women
migrant workers dominate the informal labour market;
they work as domestic, industrial or agricultural
workers or in the service sector. The fact that gender
roles are traditionally established and that men often do
not share the domestic chores, particularly looking
after children on a daily basis, makes it even more
difficult for women to develop personally and
professionally. It is important to point out that the
Special Rapporteur notes with deep concern the
situation of great vulnerability experienced by women
and girls who are ill-treated, harassed and abused by
family members to whose care they are entrusted, in
the absence of the father and who hope to take
advantage of the remittances the latter sends. Often it is
the mother who is away and this, too, can lead to
situations of vulnerability to sexual abuse, incest on the
part of the father and economic exploitation.
36. The Special Rapporteur has also noted that “Both
women who have been the victims of trafficking and
those who migrate voluntarily may end up in situations
of exploitation, violence and abuse. ... The exchange of
sexual favours for permission to transit, which is
common practice on some frontiers, is also a form of
gender-based harassment to which migrant women are
often subjected.” (E/CN.4/2000/82, para. 56).
37. During the three years in which she has exercised
her mandate, the Special Rapporteur has paid particular
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