E/CN.4/2000/82
page 16
institutional obstacle is the failure to achieve widespread ratification of international instruments
dealing with migrants’ rights, such as ILO conventions No. 97 and No. 143 and
the 1990 International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families.
78.
The vulnerability of migrants is another significant obstacle: human rights abuses related
to deportations and inadequate training of officials in human rights matters can be counted as
institutional obstacles.
79.
Among the social obstacles confronting migrants are social exclusion and the
concentration of migrant households in disadvantaged urban areas, which make access to
education, health care or employment more difficult. Even more seriously, the social obstacles
include segregation and hostility, stereotyping, xenophobia and racism.
80.
There are some groups of migrants who hover on the fringes of the documented and
undocumented sectors. They include, in the first place, women used for pornography and
prostitution; domestic workers, most of whom are women; and farm and seasonal workers, who
seem to be particularly vulnerable to rights abuses because of their short-term employment, low
educational level and labour legislation that favours agro-business.
81.
A large number of countries are unwilling to ratify the human rights standards of the
United Nations and ILO. This unwillingness is the result of real people defending real interests
with the backing of real power bases - the very people who are often responsible for the
obstacles to the full application of these human rights standards.
VII. PRELIMINARY CONCLUSIONS
82.
Contemporary trends in migrant movements in the era of globalization pose a challenge
to the protection of the human rights of that large sector of the world’s population. The first
challenge is to define a concept of migrant populations that will cover new situations and to
translate that into definitions in the international instruments. The situations referred to are those
in which a large number of persons find themselves after leaving their country of origin or even
before they do so. Unlike refugees, these populations have no formal status that affords them
international protection. In many cases, these same groups and individuals do not fit into the
category of migrant worker. This shortcoming in terms of definitions is all the more serious if
we bear in mind that well-founded field studies show that more and more of today’s migrants are
women on whom there are no data.
83.
The phenomenon of women migrants is a sign of the growing participation of women in
remunerated productive activities. The same phenomenon is also a manifestation of a change in
the social fabric, the main feature of which is the increase in the number of households headed
by women. In many cases, the new family situation arises when the father migrates or leaves his
family.