E/CN.4/2006/73
page 11
48.
Domestic migrant workers, mostly women, are often the reported victims of such
violations as well as, in some cases, of sexual abuse by their employers. The situation of
domestic migrant workers received an in-depth analysis in the report presented to the
Commission in 2004 (E/CN.4/2004/76).
49.
The Special Rapporteur also transmits to the Governments concerned information
received regarding attacks on, and/or intimidation of members of NGOs or migrants’
associations involved in the promotion, protection and defence of the human rights of migrants.
E. Issues
1. Issues deserving further consideration
50.
This section of the report is not intended to list all issues relevant under the mandate in an
exhaustive manner.
51.
In his report to the General Assembly, the Special Rapporteur pointed to the fact that
reluctance to recognize the demand for the labour of migrant workers, which is a common factor
among host countries, acquires heuristic importance when it becomes clear that there is some
relationship between that reluctance and the appearance of anti-immigrant ideologies often
tinged with xenophobia and racism (see A/60/357, para. 9).
52.
In this context, the Special Rapporteur indicated his intention to consider information
regarding the following factors:
•
Real demand for migrant workers in Member States
•
Data on the number of unionized and non-unionized migrant workers, with a view to
ascertaining the level of acceptance of the demand for immigrant labour
•
Data on indicators of changes in anti-immigrant ideologies such as statistics on police
profiling or hate crimes against aliens
•
Statistics on crimes and abuses committed against migrants and sanctions imposed,
which should help in assessing the degree of impunity for violations of the human
rights of migrants, in particular with regard to their personal integrity and their
economic, social and cultural rights (see ibid., para. 11).
53.
All these factors are closely connected to concrete violations of the human rights of
migrants. Denial of demand is an important issue, as it is one of the main factors leading to
irregular migration, a situation at the core of much of the abuse and numerous human rights
violations suffered by migrants. The Special Rapporteur thus considers, as did his
predecessor, the situation of migrants with irregular administrative status to be a priority issue
(see E/CN.4/2001/83, paras. 50-58). This category includes immigrants who entered the host
country clandestinely, asylum-seekers who have been denied refugee status, immigrants who
find themselves in a situation of de facto illegality, and those whose residence permits have
expired.