Promoting and Protecting the Rights of Migrant Workers The Role of National Human Rights Institutions • promote the effective application of relevant international norms and standards on the issue • recommend actions and measures applicable at the national, regional and international levels to eliminate violations of the human rights of migrants • take into account a gender perspective when requesting and analysing information, and to give special attention to the occurrence of multiple discrimination and violence against migrant women • 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 • 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.79 The Special Rapporteur’s mandate extends to all countries, irrespective of whether a State has ratified the Convention on Migrant Workers. The mandate is implemented through a range of activities, including receiving and responding to communications, undertaking country visits, awareness raising activities and regular reporting to the Human Rights Council and the General Assembly. 4.1.1. Communications The Special Rapporteur is able to “to request, receive and exchange information on violations of the human rights of migrants [wherever they may occur] from Governments, treaty bodies, specialized agencies, Special Rapporteurs for various human rights questions and from intergovernmental organizations, other competent organizations of the United Nations system and non-governmental organizations, including migrants’ organizations, and to respond effectively to such information”.80 The Special Rapporteur receives and responds to communications that fall into two main categories: • information regarding individual cases of alleged violations of the human rights of migrants • information regarding general situations concerning the human rights of migrants in a specific country.81 Based on these communications, the Special Rapporteur establishes a dialogue with the Government concerned, “with a view to clarifying the allegations raised and to preventing or, as necessary, investigating alleged violations of the human rights of migrants”.82 This can involve “letters of allegation”, which include requests for information and cooperation from the Government, and “urgent appeals”, which raise serious and time-sensitive matters. 4.1.2. Reports The Special Rapporteur reports annually to the Human Rights Council about the global state of protection of the human rights of migrants, as well as areas of concern and examples of good practice. In this report, the Special Rapporteur informs the Council of all the communications sent and the replies received from States. The report may also examine key thematic issues and propose specific recommendations to better promote and protect the human rights of migrants. Upon the request of the Human Rights Council, the Special Rapporteur may also present reports to the General Assembly. 79 “Special Rapporteur on the human rights of migrants”; OHCHR; see: www.ohchr.org/EN/Issues/Migration/SRMigrants/Pages/SR MigrantsIndex.aspx. 80 United Nations Commission on Human Rights Resolution 1999/44; para. 5. 81 “Communications/Submitting information to the Special Rapporteur”; OHCHR; see: www.ohchr.org/EN/Issues/Migration/SR Migrants/Pages/Communications.aspx. 82 Ibid. 34 | Chapter 3: Other UN instruments and mechanisms relevant to the rights of migrant workers