E/CN.4/2002/94 page 10 both commercial and private services to offset the effects of an aging population. But the flows of migrants are still poorly managed and regulated, and there has been an alarming increase in international networks smuggling migrants, exposing them to grave modern forms of human rights violation. 26. The Special Rapporteur also observes that victims of trafficking continue to be penalized despite the ordeals they undergo, while in the great majority of countries the criminal trafficking networks still operate with impunity. She also remarks that migrants are in a precarious situation in transit countries, where they face capture, detention and expulsion. She is concerned at the lack of protective mechanisms in those countries: countries of origin must negotiate with transit and receiving countries to guarantee respect for their citizens’ rights. 27. At the eighty-second session of the Council of the International Organization for Migration (IOM), the Special Rapporteur identified the regulation of migratory flows and action to combat smuggling in migrants from the countries of origin as the main challenge for the coming century. She also remarked that it was increasingly incumbent on States to protect migrants’ rights and tackle the question of protection as an integral part of migration control. She emphasized that the protection of migrants’ rights cannot be viewed out of context, but should rather be regarded as an issue that cuts across and relates to all aspects of migration management and control over which States have sovereign authority. The focus on human rights should be an integral part of any migration-related procedure, including the deportation and return of undocumented individuals. 28. The Special Rapporteur is concerned at the situation of migrants in detention, waiting endlessly to be deported even after completing a penal sentence. Such cases occur in many countries when neither the migrant nor the State has the resources to finance the journey home, when the migrants lack travel documents and/or there is no consular office to send such documents to the countries where they are, and in particular when there is no bilateral arrangement governing deportation. 29. At the same time, the Special Rapporteur’s attention has been captured by reports from Ecuadorian migrants’ families claiming that their relatives have been put on trial and sentenced in transit countries under identities (names and nationalities) other than their own. 30. It is, the Special Rapporteur points out, especially important to encourage dialogue between countries of origin, transit countries and receiving countries so as to coordinate efforts to combat the smuggling of migrants and bring some order to the situation. Unilateral action to deal with migration is ineffectual: migration is a dynamic phenomenon involving many different parties and, in particular, civil society. Inviting civil society organizations to join in the dialogue now beginning regionally, bilaterally and nationally among States is sound practice, in the Special Rapporteur’s view, given those organizations’ knowledge of how migrants live and the assistance they provide daily to thousands of migrants around the world. She takes a positive view of regional processes in which civil society is treated as a partner and important matters such as protecting migrants’ rights, preventing trafficking and gender and migration are discussed.

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