A/HRC/4/24
page 3
Introduction
1.
This report is submitted pursuant to resolution 2005/47 of the Commission on Human
Rights and to Human Rights Council decision 1/102.
2.
This report contains a summary of the activities undertaken by the Special Rapporteur
during the period from 30 August to 15 December 2006. It also reflects a summary of responses
received from Member States to a questionnaire he had sent on 8 and 9 September 2006. Lastly,
the Special Rapporteur makes some recommendations for consideration by the upcoming Global
Forum on Migration and Development.
3.
The activities of the Special Rapporteur are carried out in accordance with Commission
on Human Rights resolution 1999/44, in which the Commission established the mechanism
and defined its functions. At its sixty-second session, the Commission decided, by its
resolution 2005/47, to extend the Special Rapporteur’s mandate for a further three years. The
Human Rights Council, in decision 1/102, extended the mandate for one year.
4.
This report is to be read concurrently with the addendum containing a summary of
communications and the two country visit reports of the Special Rapporteur to the Republic of
Korea and Indonesia, respectively (see A/HRC/4/24/Add.2 and Add.3).
I. VISITS
5.
From 4 to 12 December 2006, the Special Rapporteur undertook an official visit to the
Republic of Korea followed by an official visit to Indonesia from 12 to 20 December 2006. In
the Republic of Korea, the Special Rapporteur addressed the situation of spouses of mixed
marriages and the Government’s poor approach towards integration of foreign spouses.
Mr. Bustamante also addressed the Act Concerning the Employment Permit for Migrant Workers
due to some discriminatory measures (EPS Act) (see A/HRC/4/24/Add.2), and encouraged the
Republic of Korea to ratify the International Convention on the Protection of the Rights of All
Migrant Workers and Members of Their Families.
6.
In Indonesia, the Special Rapporteur welcomed the Government of Indonesia’s decision
to discuss the ratification of the Convention in 2007. However, Mr. Bustamante is very
concerned with some of the provisions contained in the Memorandum of Understanding (MoU)
between the Governments of Indonesia and Malaysia (see A/HRC/4/24/Add.3) on the
recruitment and placement of Indonesian domestic workers.
II. CASE STUDIES AND RESPONSES TO THE QUESTIONNAIRE ON
THE IMPACT OF CERTAIN LAWS AND ADMINISTRATIVE
MEASURES ON MIGRANTS
A. Antecedents
7.
In its resolution 2005/47 the Commission on Human Rights requested the Special
Rapporteur to include in annual reports “a chapter on the impact of the legislation and the
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