A/59/377 economy or problems stemming from the ageing of the population as a result of low birth rates. In accordance with this approach, migratory flows should therefore be managed on the basis of the number of immigrants “necessary” for the development of the economy of the host country. However, this instrumental view of immigration does not take into account that the reasons for migration are as many and as varied as the migrants themselves, nor does it conceive of the possibility that immigrants may wish to reside permanently in the host country. That may be why it is so difficult right now to imagine a political agenda on immigration that envisages (very necessary) discussions of the challenges posed to democracy by immigration, such as the inadequacy of the current model of citizenship. Moreover, an in-depth study should be carried out into the effects of the message being sent to the population of the host country through this political model of immigration management. The Special Rapporteur wishes to note that the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families adopts a different approach, as it refers to migrant workers throughout as social beings with families and recognizes the important role that they play in the global economy, while emphasizing that they nonetheless belong to a highly vulnerable group. 54. During her visits, the Special Rapporteur has been able to witness the effects of the restrictive nature of some current immigration policies. In general, there are many foreign nationals living in transit and destination countries who, despite not having a residency permit, are nonetheless employed. Such people cannot regularize their status because they work in the shadow economy, but at the same time cannot find legal employment because of their irregular administrative status. The existence of such pockets of exclusion calls into question both the effectiveness and the political legitimacy of such policies. The Special Rapporteur welcomes recent efforts by a number of States to regularize the status of illegal immigrants within their territory who can prove that they are employed. Nonetheless, regularization procedures must be carried out with absolute respect for the human rights of such people so that they cannot be blackmailed if regularization is left to their employers. 55. The concept that immigration is a security issue has continued to gain ground since 11 September 2001 and has taken precedence over all other issues, including human rights. The erosion of rights sometimes caused by anti-terrorist measures affects immigrants in particular. The Special Rapporteur stresses that efforts to combat terrorism and organized crime must be solidly grounded in the rule of law and respect for human rights. 56. Combating the smuggling of migrants and trafficking in persons is on the agenda of all consultative processes on migratory management. The Special Rapporteur considers that such crimes need to be combated simultaneously, having noted that people who employ the services of criminal organizations involved in the illicit trafficking of immigrants run a high risk of being victims of trafficking themselves (see E/CN.4/2004/76). Providing potential emigrants with information on the risks of illegal migration and legal channels of entry into destination countries may help to combat the rise of illicit trafficking of immigrants. The Special Rapporteur calls on Member States to consider ratifying the United Nations Convention against Transnational Organized Crime and its additional protocols on the smuggling of migrants and trafficking in persons, and believes that these instruments can be supplemented by measures to safeguard the rights of the victims.14 17

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