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feasibility of developing a set of guiding principles based on international law and
best migration practices in order to increase inter-State cooperation.
8.
At the level of the United Nations, an effort was made to identify the major
challenges posed by the phenomenon of migration to States and the international
community and to propose institutional arrangements to better deal with them. The
Special Rapporteur is encouraged by this development.
B.
Challenges to the protection of the human rights of migrants
9.
The following paragraphs are devoted to outlining the observations and
recommendations of the Special Rapporteur with respect to some of the main human
rights challenges in the context of migration.
1.
Preventing irregular migration and combating trafficking, especially of women
and unaccompanied minors
10. The Special Rapporteur has observed several outstanding factors that impel
people to search for improved living conditions abroad. These include widespread
violations of human rights, unemployment, low levels of education, political
instability, unequal distribution of wealth, lack of gender equity and natural disasters
in countries of origin, as well as falsified information regarding work opportunities
in countries of destination. When these forceful push-factors are coupled with
restrictive asylum and immigration policies, there can be an increase in the use of
alternative migration channels, including smuggling, with serious consequences for
the human rights of the people involved.
11. Irregular migration is the main backdrop for human rights violations,
exploitation and discrimination. The impossibility of denouncing abusive practices
by employers for fear of arrest and deportation and the lack of any social and labour
protection, coupled with the lack of access to health care, social services and legal
assistance, make irregular migrants vulnerable to exploitation and all types of
abuses, as the Special Rapporteur has extensively reported.
12. The Special Rapporteur is very concerned about the violations of the rights of
migrants committed by networks that smuggle migrants and traffic persons, and has
addressed this theme in various activities. Since the establishment of her mandate,
the Special Rapporteur has referred to the definitions of smuggling and trafficking
contained in the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children and the Protocol against the Smuggling of Migrants
by Land, Sea and Air, supplementing the United Nations Convention against
Transnational Organized Crime. The two Protocols refer to two different phenomena
within the same Convention. The distinction between the two is made clear in these
documents: while the definition of trafficking contains the element of coercion and
affirms that trafficking may occur within a context of regular migration, that of
smuggling does not. The definition of trafficking emphasizes subsequent
exploitation, whereas the definition of smuggling focuses on facilitating irregular
entry of a person from one country to another.
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