A/57/292
Summary
In the present report the Special Rapporteur submits a summary of her activities
during the first three years following the establishment of her mandate and her vision
of the situation with regard to the protection of the human rights of migrants.
In the second section she describes the international context in which her
mandate was created and the numerous activities that have occurred at the
international level and that demonstrate the growing interest taken by the
international community, States and non-governmental organizations in the issue of
the protection of the human rights of migrants.
The Special Rapporteur also describes the principal working methods
associated with her mandate and the legal framework that has been developed in
order to give effect to it. She gives an account of the activities she has carried out in
her capacity as Special Rapporteur in order to underscore the intensity and wealth of
exchanges that have taken place around the mechanism.
She also presents her vision of key issues that have been developed in her
mandate. They are: discrimination; the International Convention on the Protection of
the Rights of All Migrant Workers and Members of Their Families; the situation of
migrant women and violence against migrant women; unaccompanied minors;
irregular migration; trafficking, smuggling and slave labour; orderly and decent
migration management and the role of the non-governmental organizations in
protecting the human rights of migrants.
In carrying out her mandate, the Special Rapporteur has also paid particular
attention to the situation of the families left behind in their communities of origin;
the vulnerability of female migrant domestic workers; the need to deal with the
problem of those fleeing from situations of persecution and widespread war who are
not recognized as refugees and who therefore become irregular migrants; and the
serious problem of corruption and the prevention of smuggling and trafficking. The
Special Rapporteur also deals with the issue of family reunification and the right of
every individual to “leave any country, including his own, and to return to his
country” (article 13, paragraph 2, of the Universal Declaration of Human Rights.
The Special Rapporteur has noted, inter alia:
(a) Her concern at situations of detention and expulsion of unaccompanied
minors and the obstacles to family reunification that affect such minors;
(b) That a good many countries have not come up with an effective strategy
to combat the spread of illegal migrant smuggling or made trafficking a punishable
offence under their law;
(c) Her concern at reports received and direct observation in testimony from
migrants, the authorities and non-governmental organizations that the criminal
activities of trafficking and smuggling are taking place in a climate of extreme
corruption;
(d) The need to integrate the issue of protection of the human rights of
migrants into all stages of migration management.
The Special Rapporteur’s recommendations include the following:
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