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13. The Special Rapporteur has observed that smuggling may increase the risk of
trafficking. Migrants who have recourse to the services of smugglers may find
themselves in a position of extreme vulnerability owing to their irregular situation,
the debt they may incur in their countries of origin and the impunity with which
trafficking and smuggling networks often operate. At times their undocumented
status puts them in a situation where contracts are changed, or they are forced into
degrading and humiliating jobs, often in conditions amounting to slavery. As a
result, they go from being irregular migrants to being victims of trafficking.
Although trafficking can also occur within countries, the Special Rapporteur always
refers to these crimes within a context of international migration.
14. Another challenge is posed by the existence of mixed flows of asylum-seekers
and migrants. Undocumented or irregular migrants often use the asylum procedures
because they see it as the only way of obtaining a temporary permit to remain in the
asylum country. At the same time, people with legitimate asylum claims do not
apply for asylum for fear of being returned to their countries of origin upon denial of
refugee status. The Special Rapporteur has noted with concern that the authorities of
asylum countries often have scant knowledge of the eligibility requirements for
asylum.
15. The complexity of the two interrelated phenomena has increased the
vulnerability of those involved. The Special Rapporteur has noted that
undocumented or irregular migrants are vulnerable to abuse, discrimination and
exploitation in countries of transit as well as in countries of destination. Those using
smugglers do so voluntarily, yet they are at great risk of abuse in the migration
process, including extortion by corrupt migration or other law enforcement officials.
Moreover, the inhumane conditions in which smuggling occurs puts migrants in
extreme danger. As stated above, their irregular situation often makes them
vulnerable to traffickers. Asylum-seekers using irregular migration channels to leave
their countries of origin are in the same situation of vulnerability as undocumented
migrants.
16. The Special Rapporteur believes that in order to address this complex
situation, three sets of distinct, yet related and mutually reinforcing, measures are
needed: measures to prevent irregular migration and fight smuggling networks;
measures to combat trafficking and to protect its victims; and measures to preserve
the integrity of the asylum protection system.
17. The Special Rapporteur notes that measures to prevent irregular migration
include the development of immigration policies that take into account the reality of
the labour market, thereby increasing opportunities for regular migration when there
is a real demand for migrant labour; international cooperation for the development
of work opportunities in the communities of origin of migrants; and the provision of
information to potential migrants about work opportunities, regular migration
channels and the risks of resorting to irregular migration channels.
18. In order to combat smuggling, the Special Rapporteur believes that the issues
of impunity for criminal smuggling networks and corruption on the part of some
immigration officials in countries of origin, transit and destination must be tackled,
including by making smuggling a criminal offence under national legislation and by
strengthening cooperation among relevant law enforcement agencies. These
measures should be accompanied by tight control on recruitment agencies and by
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