A/57/292
the rights of migrants within the management process
itself.
53. Lastly, the Special Rapporteur wishes to point out
that it is time for existing regional dialogues to move
beyond their initial stage of diagnosing problems to the
adoption of active measures agreed on by all the
participating countries.
G. Non-governmental organizations and
their role in the protection of the
human rights of migrants
54. Throughout her three years of work, the Special
Rapporteur has taken the opportunity of engaging in
dialogue with many international, regional and national
NGOs. She has thus been able to observe the multitude
of activities and of NGOs concentrating specifically on
migration. She has also noted with satisfaction that
NGOs which previously focused exclusively on asylum
are beginning to develop activities and programmes
relating to migration.
55. The Special Rapporteur recognizes the quality
and commitment which these groups bring to their
work. It is of particular importance that they should
establish a constructive dialogue with the States in
which they work in order to draw attention to the
problems suffered by migrants and to formulate
specific proposals to ensure their protection.
56. The Special Rapporteur would also like to
congratulate many NGOs on the work they do in
accompanying and assisting migrants and their
families, in particular from the countries of origin.
Moreover, she greatly values the links currently being
forged among NGOs in countries of origin, transit and
destination, enabling them to carry out their work in a
coordinated way.
57. The Special Rapporteur recommends that NGOs
should assist and accompany migrants held in
detention.
58. She also recommends that a polarization of the
debate on migration, to the detriment of migrants
themselves, should be avoided. She would encourage
organizations that are making efforts to find a space for
dialogue among the various procedures undertaken by
States at the national, regional or international level to
continue to do so and to involve migrants themselves in
their efforts.
16
V. Conclusions
59. The international community is showing a
growing interest in the question of the protection of the
human rights of migrants, as is evidenced by the
numerous recent world conferences and multilateral
forums at which States have devoted extensive
attention to the aspects of migration that give rise to
particular concern. One of the most convincing proofs
of the international community’s concern over the
situation of migrants was the establishment by the
Commission on Human Rights of a monitoring
mechanism that would operate independently of the
human rights treaties, namely the appointment of the
Special Rapporteur on the human rights of migrants.
60. This growing interest on the part of States has
been matched by greater activism and involvement by
NGOs and civil society in the protection of migrants at
the international level.
61. The primary reference document for the mandate
on the human rights of migrants is the Universal
Declaration of Human Rights, followed by the
principal international human rights instruments,
including the International Covenant on Civil and
Political Rights, the International Covenant on
Economic, Social and Cultural Rights, the International
Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Rights of the
Child and the Convention on the Elimination of All
Forms of Discrimination against Women.
62. The International Convention on the Protection of
the Rights of All Migrant Workers and Members of
Their Families is a fundamental element of the
protection of the human rights of migrants, since it
applies to all aspects of the life of migrants and their
families and includes a wide range of rights to which
even those in an irregular situation are entitled.
63. The United Nations Convention against
Transnational Organized Crime and its Protocols on
Trafficking in Persons and Smuggling of Migrants are
indispensable instruments for the waging of a
coordinated struggle against these terrible activities
and to protect their victims at the international level.
The next challenge is to formulate a concept of
migrating populations that will be able to address new
situations. The Special Rapporteur considers it
essential to highlight the precarious situation faced by
people not covered by the provisions of the Convention