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that will shortly be put before the General Assembly constitute a fundamental working agenda
for addressing violations of the human rights of migrants arising from discrimination, racism,
xenophobia and related intolerance.
97.
The Special Rapporteur recommends that States should give priority to setting up their
national programmes arising from the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, especially practical steps to protect the rights of migrant
women and children, particularly against abuses committed in the context of domestic
employment and smuggling and trafficking. Priority should also be given to the provisions
relating to family reunification, which promotes the integration of migrants in the host countries.
98.
The Special Rapporteur also considers it most important to follow up the
recommendations contained in the document of the World Conference that relate to migration
control policies and the protection of human rights, in particular the sections calling on States to
ensure that their migration policies are consistent with their international human rights
obligations and free of racism.
99.
The Special Rapporteur considers that it is of fundamental importance that
non-governmental organizations should continue their efforts to monitor and protect the human
rights of migrants, as mentioned in the final document of the World Conference, and urges them
to play an active part in the application of the provisions agreed in Durban.
100. The Special Rapporteur considers that it is of fundamental importance to follow up the
provisions of the World Conference document which refer to promotion of participation by
States in regional dialogue and the negotiation of bilateral and regional agreements which, in
consultation with civil society, cover management and control issues and the regulation and
protection of human rights.
101. The Special Rapporteur urges States to review their domestic legislation to bring it into
line with their international obligations relating to the protection of human rights, especially in
the matter of non-discrimination.
102. The Special Rapporteur urges States to ratify the December 1990 Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families, which requires
only three more ratifications to enter into force. She also recommends that States should
consider ratifying the United Nations Convention against Transnational Organized Crime and in
particular the two protocols to it - the Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children, and the Protocol against the Smuggling of Migrants
by Land, Air and Sea - which constitute major instruments for combating the impunity of these
transnational criminal networks and the abuses they commit against their victims.
103. The Special Rapporteur strongly recommends to States that they should continue to
address the issue of the human rights of migrants using an all-round approach which takes into
account the situation of the families which remain behind in the home countries, especially
minors, the violations committed during migrants’ journeys, particularly in the States through
which they pass, and the phenomenon of smuggling, as referred to in Commission on
Human Rights resolution 2001/56 on protection of migrants and their families.