A/HRC/17/33 II. Recapitulation of the main thematic issues 9. This report will mark the end of the reporting cycle for the current mandate holder. In view of the review and assessment of the mandate, the Special Rapporteur thought it relevant to recapitulate the main thematic issues that he has focused on since his nomination, in order to present the achievements of the mandate. A. Criminalization of irregular migration 10. The Special Rapporteur observed the increasing abuse of irregular migrants throughout the migration process (in the country or territory of origin, transit and destination) and put forth a discussion to highlight some of the violations against irregular migrants and the responsibility of the State to take measures to prevent such violations. 11. The power of the State to manage admission and expulsion, however, has to be exercised in full respect for the fundamental human rights and freedoms of non-nationals, which are granted under a wide range of international human rights instruments and customary international law. Although it is the sovereign right of all States to safeguard their borders and regulate their migration policies, States should ensure respect for the human rights of migrants while enacting and implementing national immigration laws. It is the responsibility of the State, regardless of the legal status of the migrant, to ensure that fundamental human rights norms are adhered to and that all migrants are treated with dignity, and their obligation to respect and protect the human rights of all those within its territory, nationals and non-nationals alike, regardless of mode of entry or migratory status. 12. The Special Rapporteur drew attention to the increasing criminalization of irregular migration and the abuses of migrants during all phases of the migration process. This criminalization is linked in many countries to persistent anti-migrant sentiments, which is often reflected in policies and institutional frameworks designed to manage migratory flows, often in a purely restrictive manner. The Special Rapporteur received reports of the criminal justice practices used by States to combat irregular migration, including greater criminalization of migration offences (as opposed to treating them as an administrative offence) and cross-national collaboration by police and other authorities, which have in certain cases resulted in increased violations against migrants. 13. These general trends could be grouped into two broad categories - externalization of migration control policies and criminalization of labour migration. 14. For decades, many States have responded to persistent irregular migration by intensifying border controls. These measures have often been targeted at wide geographic areas on the borders or coast of a main receiving country or region. In recent years, in an effort to further curb irregular migration and simultaneously address issues of national security, some States were seen as employing techniques in order to “externalize” border controls to countries of origin and transit, whereby utilizing bilateral agreements and/or aid in order to transform these targeted countries into a potential buffer zone to reduce migratory pressures on receiving States. The concern was that these policies, while legitimately aimed at reducing irregular migration, and often incorporated into bilateral agreements that can have positive aspects, have contributed to the criminalization of irregular migration insofar as they treat migration violations as a criminal rather than administrative offence without the proper human rights protections afforded to migrants in the process. 15. These migration control policies have also had a series of unintended side effects in the form of increasing violations of migrants’ rights in the region. There were persistent accounts of the dangers confronted by would-be migrants in transit in both of these regions, 4