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7.
National human rights institutions and NGOs
50. National human rights institutions, NGOs and academics can play a crucial
role in the protection of the human rights of migrants by analysing national
legislation, monitoring its impact on the rights of migrants and making concrete
recommendations in that regard. Monitoring the implementation of national
legislation by competent authorities and agencies is also crucial as often, abuses,
arbitrary treatment and discrimination against migrants are justified by invoking
existing legislation and/or regulations. National human rights institutions can also
make very valuable contributions to the development of national policies that have
an impact on the human rights of migrants. They can also encourage dialogue at the
national level and raise awareness about the situation of migrants. Through
campaigns and public activities, national human rights institutions can also help
fight negative stereotyping and promote a positive image of migration, thereby
preventing racism and xenophobia.
51. National human rights institutions and NGOs can provide legal and
psychological assistance to migrants. They can assist migrants who wish to file
complaints by facilitating contacts with relevant agencies and authorities. They can
also assist them in legal and administrative proceedings against the authorities and
monitor the evolution of individual cases. In that connection, the Special Rapporteur
believes that it is important that representatives of national human rights institutions
visit migrant detention centres or other detention facilities where migrants are held
in administrative detention.
IV. Good practices observed by the Special Rapporteur
52. In discharging her mandate, the Special Rapporteur has come across a number
of interesting initiatives, projects and activities, implemented by Governments and
civil society, to address the challenges referred to in chapter II of this report. The
examples mentioned below are not exhaustive. However, the Special Rapporteur
believes that it is important to increase efforts to exchange information on the ways
in which Governments, NGOs and international and regional organizations around
the world are trying to promote respect for the human rights of migrants throughout
the migration process.
Prevention of irregular migration and combating trafficking
53. In some countries in Asia, commissions or committees on irregular migrant
workers have been set up to undertake studies on occupation and employment
structures to determine if irregular migrants could fill the vacancies in the labour
market. In follow-up to the visit of the Special Rapporteur, the Government of
Mexico reported that it had implemented a Human Development Opportunities
Programme for the promotion of local development in order to prevent irregular
migration. The programme is inter-institutional and aims at developing capacities in
the poorest communities by direct assistance in the fields of health, food and
education. The Women’s Institute also participates in the Programme.
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