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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008
Special Rapporteur shall discuss individual
appeals regarding rights of migrants and also
discuss applications defining general situations
in certain countries. The application of
Special Rapporteur may cause necessity of
requesting information, mutual cooperation
(accusatory letters) and/or other urgent activities
(urgent appeals). Special Rapporteur
has elaborated special questionnaire, which
is available for any person. This can also be
found on the internet. 36 Special Rapporteur is
entitled to request information on violation of
the rights of migrants through the Authorities,
contracting parties, intergovernmental and
competent bodies of the UN or NGOs including
migrant organizations and take abovementioned
appropriate measures. 37
Special Rapporteur also holds visits in different
countries 38 upon invitation of their Governments.
Such visits do not necessarily mean
that the Government of the country has violated
human rights, but that gives opportunity to
elucidate every possible detail of the situation. 39
Special Rapporteurs determine that migrants
are oppressed by deprivation of their
liberty. Activities of the States to decrease irregular
migration violate the rights of migrants.
Labour migrants having legal status often
could not receive assistance neither from receiving
country nor from representatives of
consulates of their countries. Consular posts
often have a lack of qualified staff. In some
cases consulates do not recognize migrants
without any documentation as their citizens because
of their illegal status. 40
Rights of migrant children are not protected
as well, they are not guaranteed with any
protection of their rights. Although, administrative
detention towards them should be used
only as a last resort, this measure is applied
quite often. 41
Special Rapporteur notes that violation of
migration rules by the States shall not be a
reason to consider the violator migrant as an
offender. Special Rapporteurs often do not
receive any information from considerable
number of States about their practices and
legislation. 42
Unfortunately the rights are also violated
in cases of legal migration. Discrimination and
anti-migration ideology reflect on each migrant
whether having legal or illegal status.
Undoubtedly, the work of Rapporteurs on
selected rights and freedoms has greatly increased
the importance of human rights. Furthermore,
researches and statistics collected
by Rapporteurs may be used in order to assist
international and regional bodies in the
field of standard development. 43
4. THE ROLE OF NGOS IN THE UN
MONITORING PROCESS
The NGOs are regularly taking part in the
working groups of the UN 44 , but the information
provided by the NGOs does not have an
official status in all committees. 45
Currently while discussing the State reports
the information provided by NGOs is
widely used by the UN committee members.
It shall be also mentioned that on the session
of Economic and Social Council of UN in
1996 orders to be consulted with NGOs was
discussed as one of the issue. In accordance
with the principles discussed in this document,
the NGO should have representative structure
and mechanism of responsibility of a member
controlling the activity of the organization. 46
However, consideration of representation with
such dimensions has not been determined more
precisely. 47
Can be mentioned that mankind is analyzing
the role of NGOs and their participation
also in the monitoring system of the UN has
become more important and valuable.
5. PROBLEMS RELATED TO HUMAN RIGHTS
PROTECTION MONITORING SYSTEM
As it is already discussed above, international
human rights are a new system and have
about more than 50 years history.
Within last thirty-five years the State approach
to Human Rights has been dramatically
changed. Nowadays each State recognizes
human rights but the question still remains:
in what quality Unfortunately signature
of the documents by the States has a formal
character.
The increasing number of the members
of the UN and regional organizations resulted
in increased number of States signing the documents
devoted to human rights. However it
did not coincide with the increase of resources
and remedies of agencies controlling the
implementation process.
Still the problem is to initiate a dialogue
with number of States on ratification of a trea-
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