导致她进行干预的主要是以下一些情况:a) 任意拘禁;b) 拘禁条件极差;c) 羁押期间施以酷刑和虐待,受害者尤其是无人照顾的未成年人;d) 剥夺被拘禁者的领事保护权;e) 在权力机构看管下移民的死亡事件;f) 因国家警察滥用暴力造成的死亡事件;g) 不遵守公正的诉讼所必需的最起码的保证;h) 驱赶至边境;i) 即决驱逐;j) 听任对移民犯罪的人逍遥法外;k) 性暴力。
The situations that had given rise to her intervention included the following: (a) arbitrary detention; (b) distressing conditions of detention; (c) torture and mistreatment during detention, especially with regard to unaccompanied minors; (d) denial of detained immigrants' right to consular protection; (e) death of immigrants in the custody of the authorities; (f) death resulting from abusive use of force by public security agents; (g) non-compliance with minimum guarantees of a fair trial; (h) refoulement at borders; (i) summary expulsions; (j) impunity of perpetrators of crimes committed against immigrants; and (k) sexual violence.
针对妇女和无人照顾的未成年人的暴力事件令人震惊。
The cases involving women and unaccompanied minors were alarming.
特别代表表示,她对一系列侵犯作为劳动者的移民的人权事件感到担忧:a) 雇主将那些无法令人接受、几乎接近于奴隶的劳动条件强加在移民头上;b) 扣留护照;c) 拒付工资;d) )修改劳动合同条款;e) 限制人身自由,辱骂和殴打,居住条件极端恶劣;f) 剥夺结社和集会的权利;g) 移民工人招工部门违章招工。
She said that she was also concerned by a number of situations involving violations of the human rights of migrant workers: (a) the imposing by employers of unacceptable working conditions, sometimes approaching slavery; (b) withholding of passports; (c) non-payment of wages; (d) changes in the terms of work contracts; (e) restriction of freedom of movement, insults and brutality and precarious housing; (f) denial of the right of association and assembly; and (g) abuses by migrant worker recruitment agencies resulting from lack of regulation of the sector.
39. 特别报告员认为,充当家庭女佣的移民妇女的状况是反映当代国际移民以下三个主要问题的典型的例子:移民的普遍化、女性化和接近无权化。
She viewed the situation of migrant women working as domestic employees as a typical example of the three main problems posed by contemporary international migration: generalization, feminization and the virtual absence of rights.
在今年4月她向人权委员会第六十届会议递交的报告(E/CN.4/2004/76)中,她对那些被肆意剥削的妇女的生活和工作条件,以及她们那些无法容忍的就业条件进行了描绘。
In the report presented by her to the Commission on Human Rights at its sixtieth session, in April 2004 (E/CN.4/2004/76), she described the unacceptable living, working and employment conditions of such women, who were exploited at will.
她认为,这些妇女由于她们身兼妇女、移民,而且在多数情况下还是非法移民这三个不利身份,所以她们备受掠夺和歧视。
She considered such women as victims of abuses and discrimination owing to their threefold condition as women, immigrants and, in many cases, undocumented persons, adding that their children, too, were frequently victims of mistreatment inflicted by their guardians, who took advantage of the situation.
她还补充道,这些妇女和孩子也常常遭到那些利用这种情况的监护人的虐待。
She considered such women as victims of abuses and discrimination owing to their threefold condition as women, immigrants and, in many cases, undocumented persons, adding that their children, too, were frequently victims of mistreatment inflicted by their guardians, who took advantage of the situation.
40. 关于如何才能管好移民潮,这方面各地区的做法不同,但它们都令人感到鼓舞。
In the area of good practices in the management of migration flows it was encouraging to note that many regional processes were in existence.
这些做法一般都是非正式的,目的是要通过一个政治框架,以便各国在管理移民潮问题上进行合作。
Such processes, which were largely informal, were aimed at the adoption of policy frameworks that would facilitate cooperation between States in that management.
从长远来看,管理移民潮的工作要从多边来进行,因此,除了中非、东非、中东和加勒比以外,这些做法几乎已经遍及全世界各个地区。
They fitted into a multilateral view of the management of such flows and extended to nearly every region of the world, with the exception of central and eastern Africa, the Middle East and the Caribbean.
特别举出以下几个例子:南部非洲移民对话和西非移民对话;移民问题地区会议,又称“普埃布拉进程”,还有南美移民问题会议(利马进程);布达佩斯集团;地中海合作会议(5+5);马尼拉进程;关于偷渡、贩卖人口以及国际相关罪行巴厘部长级会议(巴厘会议);关于欧洲、北美和澳大利亚的庇护、难民和政治流亡问题的政府间的磋商。
She cited the following examples: the Migration Dialogue for Southern Africa and the Migration Dialogue for Western Africa; the Regional Conference on Migration (also known as the “Puebla Process”), and the South American Conference on Migration (“Lima Process”); the Budapest Group; the Conference on Western Mediterranean Cooperation (“Five plus Five”); the Manila Process; the Bali Ministerial Conference on People Smuggling, Trafficking in Persons and Related Transnational Crime; and the Intergovernmental Consultations on Asylum, Refugee and Migration Policies in Europe, North America, and Australia.
此外,伯尔尼倡议以及国际移徙问题世界委员会即将发表最终报告,报告将在尊重移民人权的基础上收集那些管理移民潮的好方法。
Also, the Berne Initiative and the Global Commission on International Migration would shortly publish their final reports, which would contain an enumeration of good migration management practices that took into account the human rights of migrants.
41. 报告员借此机会公开向墨西哥和菲律宾的领事机构在保护它们两国侨民中所做出的努力表示庆贺。
The Special Rapporteur said she wished to congratulate the consular services of Mexico and the Philippines on their efforts to protect their nationals abroad.
关于接收国的一些适当的应对措施,她认为应该提到加拿大、美国和某些欧洲国家的例子,它们通过人道签证实行的安置计划,即使有其局限性,还是对保护那些不能回到自己国家去的移民做出了贡献。
With regard to best practices in host countries, she mentioned Canada, the United States and various European countries, whose schemes for resettlement on the basis of humanitarian visas, though limited, helped protect migrants unable to return to their country of origin.
她还指出,国际移徙组织为加强其服务于成员国在尊重人权基础上管理移民潮的支援、培训和领事服务计划做出了努力。
She also drew attention to the efforts of the International Organization for Migration (IOM) to strengthen the support, training and consultancy programmes provided to its member States on managing migration flows while respecting human rights.
她还发现,对移民问题感兴趣的非政府组织同各国领事机构进行合作。
She also noted that migration NGOs were working with intergovernmental consultative bodies.
移民现象说明有些问题是带有结构性的,它们不可能通过应急性的措施,更不能够以单方面的措施去解决。
Lastly, she said that migration brought to light structural problems that could not be solved by ad hoc measures, and even less by unilateral ones.
她认为,对《保护所有移徙工人及其家庭成员权利国际公约》内容的分析可以有助于通过符合国际法和人权的移民政策。
In her view, a careful reading of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families should make it possible to adopt migration policies that respected international law and human rights.
43. Vegas先生(秘鲁)同意特别代表的意见,移民的人权状况,特别是非法移民的人权状况日益恶化。
Mr. Vegas (Peru) said he agreed with the Special Rapporteur that the human rights situation of migrants, particularly undocumented migrants, continued to deteriorate.
鉴于这个事实,保护数十万秘鲁海外移民就成为秘鲁对外政策的重中之重。
Consequently, protection for the hundreds of thousands of Peruvian migrants had become a foreign policy priority for Peru, and the Minister for Foreign Affairs had recently signed, in New York, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
对此,秘鲁代表指出,最近,秘鲁外长在纽约签署了《保护所有移徙工人及其家庭成员权利国际公约》。
Consequently, protection for the hundreds of thousands of Peruvian migrants had become a foreign policy priority for Peru, and the Minister for Foreign Affairs had recently signed, in New York, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
他指出,秘鲁将于2005年召开一次同移民潮有关的发展中国家的高级别会议。
Peru had convened a high-level conference of developing countries affected by migration flows, to be held in 2005.
他要求特别代表对上述公约和保护所有移徙工人及其家属权利委员会的工作作一个初步的小结,并说明这个委员会同报告员的工作有何关系。
He asked the Special Rapporteur to give a preliminary account of the implementation of the Convention and the functioning of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families, and to explain the links between that Committee and her own activities.
他还希望了解报告员近期的工作重点是什么。
He would also like to know what the Special Rapporteur's priorities for action would be in the future.