A/HRC/17/33 may induce irregular migrants to take greater risks in circumventing the authorities. The Special Rapporteur remained concerned about the number of deaths occurring throughout the migration process. 16. The Special Rapporteur observed that the increasing criminalization of irregular migration, in cases of movement for economic purposes, did not adequately address issues of demand-driven labour and the needs of the receiving economies. A predominant push factor for migrating was perceived employment and, despite the reciprocal relationship between economies that may be able to absorb additional migrants which move in search of employment based on perceived demand in the host country, it is often the irregular migrant who is penalized. Moreover, an inadequate understanding of the needs of a host society could lead to xenophobic sentiments towards the migrant population, even if the migrants are filling a labour gap which contributes to helping an ailing sector of the host economy. 17. Despite the general agreement on the positive aspects of migration for development and the evolution of international forums for cooperation, the focus of States has largely been on the better management and control of the movement of migrants and their goods and services, rather than on the articulation and protection of their rights. The Special Rapporteur saw a trend toward viewing migrants as commodities, rather than as persons with rights and duties afforded to them through the international human rights framework. 18. Also, the Special Rapporteur focused on the phenomenon of migrants travelling by sea in search of safety, refuge or simply better economic conditions. In an effort to restrict these flows, destination States have increasingly resorted to interception practices within the broader context of migratory control measures. In both cases reports indicated that adequate protection safeguards and attention to the human rights of those rescued or intercepted had not always been evident. The Special Rapporteur expressed concern about reports received concerning migrants who had been intercepted, detained or who had lost their lives at sea, in particular in the Mediterranean and Gulf regions. 19. Migrants were and still are particularly vulnerable to detention, or to restriction of their freedom of movement, including deprivation of their liberty, usually through enforced confinement, either in the receiving country or during transit (by land or sea). In the interception of migrants lacking documentation, many States employed administrative detention of irregular migrants in connection with violations of immigration laws and regulations, which were not considered to be a crime. These may include overstaying a permit or non-possession of valid identification or visa documents. In some cases, however, national immigration regulations are often made into measures that criminalized and punished in an attempt to discourage irregular migration. Undocumented migrants therefore become particularly vulnerable to criminal procedures, which are by definition punitive in nature, for many of the same infractions as administrative detention encompass, such as irregularly crossing a State border, leaving a residence without authorization, or breaching or overstaying conditions of stay. With such diversity in national policy and law governing detention and expulsion, it was important that irregular migration be seen as an administrative offence and irregular migrants processed on an individual basis. Where possible, detention should be used only as a last resort and in general irregular migrants were not to be treated as criminals. 20. The Special Rapporteur observed the continued abuse of irregular migrants who were involved, whether deliberately or inadvertently, in smuggling and trafficking operations. Over time the process of human trade has become more complex, whereby smugglers and traffickers use a combination of deceptive, clandestine or even legal modes of migration, switching strategies at different stages of the journey, and involving both legitimate and illicit actors at the governmental and non-governmental levels. 5

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