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54.
The Special Rapporteur considers the situation of migrants with irregular administrative
status to be a priority issue: she includes in this category 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.
55.
The Special Rapporteur takes as a basis and standard reference for her work on this
subject the Recommended Principles and Guidelines on Human Rights and Human Trafficking,
which she has repeatedly invited States and intergovernmental organizations to apply in their
efforts to combat trafficking and safeguard victims’ rights. The aim of the Principles and
Guidelines is to promote and facilitate the incorporation of a human rights perspective in
anti-trafficking legislation, policies and measures at the national, regional and international
levels.
56.
In accordance with her mandate, the Special Rapporteur requests and receives
information from all relevant sources on violations of the human rights of migrants and their
families. To that end she has adopted the letters of allegation procedure and the urgent
appeal procedure, in line with the suggestions and methods of work proposed in 1999 by the
sixth meeting of special rapporteurs/representatives, experts and chairpersons of working groups
of the special procedures of the Commission on Human Rights and of the advisory services
programme.21
57.
The Special Rapporteur transmits to the Governments concerned summaries of all
credible allegations of violations of the human rights of migrants. In her communications she
requests Governments to investigate the allegations and keep her informed. She also urges
Governments to take all necessary measures to investigate, try and suitably punish anyone guilty
of the alleged violations, whatever their rank or position; and to take effective preventive
measures to ensure the full protection of the human rights in question and avoid any recurrence
of such incidents.
58.
Allegations of irreversible violations of the human rights of migrants are transmitted to
States through a letter of allegation, in which the Special Rapporteur asks the State concerned,
through its Permanent Representative to the United Nations Office at Geneva, to provide
information on the facts of the case, the outcome of the investigation and the decisions taken in
open judicial proceedings against the perpetrators. This procedure has also been used to seek
information from Governments about their domestic legislation on foreigners, where there is a
possibility that such legislation or its application is inconsistent with States’ international human
rights obligations.
59.
The Special Rapporteur may on occasions deem it necessary to issue an urgent appeal
where a gross violation of the human rights of one or more migrants is alleged to be imminent or
actually taking place. The urgent appeal procedure is not in itself accusatory but essentially
preventive in nature and intent. Urgent appeals are sent directly to Ministers for Foreign Affairs
and contain a request from the Special Rapporteur for the Government in question to investigate
the facts and take steps to safeguard the rights of the migrant affected in accordance with
international human rights law.