The Special Rapporteur was appointed by the Commission on Human Rights to examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of this vulnerable group, including obstacles and difficulties for the return of migrants who are undocumented or in an irregular situation. The mandate of the Special Rapporteur covers all countries, irrespective of whether a State has ratified the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, of 18 December 1990. Moreover, the Special Rapporteur does not require the exhaustion of domestic remedies to act.
The main functions of the Special Rapporteur are:
a)To examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, recognizing the particular vulnerability of women, children and those undocumented or in an irregular situation;
b)To request and receive information from all relevant sources, including migrants themselves, on violations of the human rights of migrants and their families;
c)To formulate appropriate recommendations to prevent and remedy violations of the human rights of migrants, wherever they may occur;
d)To promote the effective application of relevant international norms and standards on the issue;
e)To recommend actions and measures applicable at the national, regional and international levels to eliminate violations of the human rights of migrants;
f)To take into account a gender perspective when requesting and analyzing information, and to give special attention to the occurrence of multiple discrimination and violence against migrant women;
g)To give particular emphasis to recommendations on practical solutions with regard to the implementation of the rights relevant to the mandate, including by identifying best practices and concrete areas and means for international cooperation;
h)To report regularly to the Council, according to its annual programme of work, and to the General Assembly, at the request of the Council or the Assembly.
The mandate of the Special Rapporteur comprises 3 parts:
a)Sending communications
The Special Rapporteur acts on information submitted to him regarding alleged violations of the human rights of migrants by sending urgent appeals and communications to concerned Governments to clarify and/or bring to their attention these cases. Information can originates from various sources such as Governments, treaty bodies, specialized agencies, Special Rapporteurs, UN organizations and NGOs.
There are two categories of information: one regarding individual cases of alleged violations of the human rights of migrants, and the other one regarding general situations concerning the human rights of migrants in a specific country. Communications sent by the Special Rapporteur can involve requests for information, cooperation (allegation letters) and/or urgent action (urgent appeals) with a view to clarifying the allegations brought to his attention, as well as to preventing or, as necessary, investigating alleged violations of the human rights of migrants.
The information submitted to the Special Rapporteur must be the most accurate, updated and specific as possible. It should include a detailed description of the circumstances of the alleged violation. It should be brief and precise (1-2 pages may suffice), and may be accompanied by annexes providing written or graphic evidence of the case. The quality and level of information provided is crucial in ensuring the Special Rapporteur’s prompt intervention in a given case, as incomplete information will require further investigation and may delay consideration of the case. Any additional information about the case should be made available to the Special Rapporteur
When the facts in question come within the scope of more than one mandate established by the Commission, the Special Rapporteur may decide to approach other thematic mechanisms and country Rapporteurs with a view to sending joint communications or seeking joint missions.
Allegation letters: the Special Rapporteur assesses the conformity of the letters of allegations with reference to the following criteria:
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The communication should not be manifestly unfounded or politically motivated
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The communication should contain a factual description of the alleged violations of human rights
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The language in the communication should not be abusive
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The communication should be submitted by a person or a group of persons claiming to be victim of violations or by any person or group of persons, including non-governmental organizations, acting in good faith in accordance with principles of human rights, and free from politically motivated stands or contrary to, the provisions of the Charter of the United Nations, and claiming to have direct or reliable knowledge of those violations substantiated by clear information;
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The communication should not be exclusively based on reports disseminated by mass media.
Urgent Appeals: in cases where the alleged violations are time-sensitive in terms of evolving loss of life, life-threatening situations or either imminent or ongoing damage of a very grave nature to victims that cannot be addressed in a timely manner by letters of allegations, the Special Rapporteur will send urgent appeal.
b)Conducting country visits
Upon invitation of the Government, the Special Rapporteur undertakes a fact-finding mission in order to examine the state of protection of the human rights of migrants in the given country.
Visits to countries constitute an opportunity for the Special Rapporteur, through a direct dialogue with the Government concerned and representatives of civil society, to understand better the situation prevailing in that country. Discussions conducted during such visits with the officials concerned, enable him to enhance his understanding of the State and the evolution of the national legislation from the perspective of international human rights norms, taking into account the social, political and historical context in each country.
Visits are undertaken only at the invitation of a Government. However, the Special Rapporteur may solicit an invitation, based on factors such as the number, credibility and gravity of the allegations received, and the potential impact that the mission may have on the overall human rights situation.
c)Participating in events on issues relating to the human rights of migrants
The Special Rapporteur participates in conferences, seminars and panels on issues relating to the human rights of migrants as well as issues press releases.
d)Submitting annual reports to the Human Rights Council
Annually, the Special Rapporteur, reports to the Human Rights Council about the global state of protection of migrants’ human rights, his main concerns and the good practices he has observed. In his report, the Special Rapporteur informs the Council of all the communications he has sent and the replies received from Governments.
Furthermore, the Special Rapporteur formulates specific recommendations with a view to enhancing the protection of the human rights of migrants. Upon request of the Human Rights Council the Special Rapporteur may also present reports to the General Assembly.
