E/CN.4/2005/85/Add.2
page 17
69.
The Special Rapporteur supports the views of Afghans with whom she met and
requests the Government to extend the duration of residence permits from six months to
one or two years, as was done in the past. The Special Rapporteur would also support the
call she heard from migrants with whom she met to request the Iranian authorities to
maintain free access to education, social and health services to all migrants.
70.
The Special Rapporteur notes with concern the situation of irregular migrants in
Iran in the cities, who suffer stigmatization and discrimination. In that regard, she deems
it important that the State should guarantee migrants who have no papers access to basic
educational and health services without discrimination.
71.
The Government of Iran should provide adequate resources, adopt policies and
implement programmes to ensure the application of international human rights standards
concerning the apprehension of irregular migrants, deportation, family reunion and
conditions of detention; training of officials responsible for enforcing legislation on
migration to ensure its conformity with international human rights standards could be
envisaged.
72.
Irregular migrants detained in Iran pending deportation should be given adequate
access to courts and lawyers and their cases reviewed by competent authorities without
undue delay, and steps taken to ensure that victims of trafficking are not criminalized.
73.
Since the vulnerability of migrants is primarily due to their irregular situation, the
Special Rapporteur considers it important for the authorities to continue to provide
migration regularization programmes, with the support of civil society and Afghan
associations, and ensuring that they are accompanied by extensive information campaigns.
74.
The Special Rapporteur considers that the strengthening of control systems should
not disproportionately affect previously existing measures, in particular those relating to
family reunification and integration of migrants who have been in Iran for several years.
The Special Rapporteur is of the view that it is necessary to pay particular attention to
Iranian women who have married Afghans as well as to their children. Particular
attention should also be devoted to those Afghans who were born in Iran and have been
living there since birth. The Government should consider providing a legal status to
Afghan children born in Iran as well as to Afghans married to Iranian women as well as to
their children. Measures to ensure the full and effective implementation of legislation
relating to unaccompanied minors in relation to reunification and documentation should
also be foreseen and implemented.
75.
The Government should pursue its efforts, in cooperation with the Government of
Afghanistan, UNHCR and IOM, to better monitor deportations from “deportation
centres” and ensure adequate assistance and protection to deportees, to avoid abuses
during the deportation proceedings and detention up to the moment of departure for
Afghanistan; a UNHCR presence in the “deportation centres” and “detention centres”
would effectively safeguard the right to asylum and the voluntary nature of repatriation.