A/58/275
2.
Consular protection
25. The Special Rapporteur has repeatedly stated that countries of origin play an
important role in protecting their nationals from violations of their rights during all
phases of the migration process. She has also observed that there is often a lack of
financing for consular protection by those countries; the balance between the
remittances sent by migrants and the protection afforded to them by their consulates
is often not in the migrants’ favour. In this connection, the Special Rapporteur
would like to stress that it is important to ensure that Governments make adequate
representations to protect the rights of their migrant nationals, especially women and
unaccompanied minors. It is also important to monitor the application of labour and
social welfare laws of receiving countries, including questions of legal assistance
and medical referral, and to provide assistance to migrants and their families to
ensure that agencies and employers abide by their contractual obligations.
26. The Special Rapporteur observes that in countries of transit or destination
where there are significant migration flows, there is often no coordinated consular
policy, nor are there bilateral agreements between consulates. The Special
Rapporteur has repeatedly recommended to Governments that in order to strengthen
the protection of their citizens abroad, especially women, they should consider
providing human rights and gender training for embassy and consular personnel and
the deployment of specialized personnel, such as doctors, social workers and
psychologists, to countries with a large number of migrants.
27. The Special Rapporteur reiterates that repatriation assistance in cases where
migrants lose their jobs, wish to escape from abusive situations, or wish to be
repatriated for health reasons should also be provided. Consulates and embassies
should be financially empowered to assume these cases, as well as to assist in the
repatriation of victims of trafficking at their express request. In particular, specific
attention should be devoted and protection granted to unaccompanied minors.
3.
Protection of migrants working in the informal sector
28. The Special Rapporteur has documented many cases of exploitation,
mistreatment, discrimination and xenophobia against migrants, primarily women
and especially those working in the private sphere, such as domestic workers. In
many cases workers are forced to surrender their passports or other documentation
to their employers. The employers are thus free to withhold them if the migrant
worker threatens to quit or change jobs. The withholding of documentation, the
debts frequently incurred by migrants in their country of origin, their lack of
adequate information, the fear that they will be denounced to the authorities, the
absence of medical and psychological counselling and support, as well as the
absence of legal assistance on the part of consulates and embassies are some of the
factors that contribute to making migrants working in the informal sector, especially
women and minors, particularly vulnerable to violations. Many domestic employees
work long hours for a miserable salary and under truly inhumane and degrading
conditions that sometimes amount to slavery.
29. The Special Rapporteur welcomes the fact that some States have undertaken
efforts to prevent the exploitation of and discrimination against migrant nationals
abroad. Certain States have done this by, inter alia, adopting the policy of allowing
recruitment only in countries that have a good human rights record, or by allowing
the recruitment only of skilled workers to prevent employment in the sex industry or
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