A/HRC/38/41 should be able to enjoy all their human rights, including those to an adequate standard of living, access to education, health care, decent work and justice in both transit and destination countries. Migrants who benefit from comprehensive human rights protection throughout their migration journey are more likely to reintegrate. A study on Sri Lankan returnees showed that individuals who had negative experiences abroad, such as harassment or the non-payment of wages, were less likely to successfully reintegrate economically and socially.44 76. For reintegration to be successful, governance of migration should be strengthened, while more options for regular, safe, affordable and accessible migration should be created. Opening up more channels for migrants at all skill levels would allow people to look for work on the regular labour market. The Special Rapporteur notes that abolishing sponsorship-based temporary migrant worker programmes and providing open work visas would make migration and return a free choice, and thereby help to assure the success of reintegration. Sufficient channels should similarly be created to allow migrants to reunite with their family, and for education and humanitarian needs. 77. In the absence of sufficient regular migration channels, many migrants stay beyond the validity of their visa or migrate irregularly; once they reach the destination country and despite often exploitative and abusive conditions, they usually try to avoid return until they have achieved their migration aspirations and goals. If they are returned, remigration, including internal migration, is often the next step, as the same socioeconomic situation that compelled them to leave in the first place still awaits them in their country of origin. States should increase resettlement options and establish common and accessible visa and work permit regimes, including options for circular migration, which would allow for re-entry after return. Studies have shown that offering opportunities for multiple entry and/or securing the residence status in destination countries can facilitate temporary or permanent return, since this generally makes re-entry after return possible.45 G. Monitoring mechanisms, access to justice and accountability 78. Returning and receiving States should establish independent mechanisms to monitor human rights in pre-removal and return processes and after migrants return. States should put in place appropriate administrative and legislative mechanisms to grant legal status to migrants who are unable to return, including those who cannot be removed on grounds relating to the fundamental prohibition of refoulement (A/HRC/37/34/Add.1, principle 20, guideline 5). 79. In some countries, the national human rights mechanisms monitoring returns often lack independence, while the scope of their monitoring activities is limited. Even when they cite international human rights norms, monitoring mechanisms do not systematically operationalize them in their implementation manuals. Effective human rights monitoring should cover not only the conditions and circumstances of the return process but also the situation and individual circumstances of the third country of the migrant after arrival. Independent oversight and human rights monitoring provide information that can be used for reporting in the country of origin and for better formulation of agreements with countries of origin and working instructions supporting persons who have received a deportation order before, during and after the deportation process.46 80. Effective monitoring of the practices undertaken by State authorities to detect, arrest and eventually deport undocumented migrants would ensure better protection of the basic rights of migrants.47 The worrying trend of forced deportation creates an even greater need 44 45 46 47 16 “Are returnee migrant workers economically better off?”, Institute of Policy Studies of Sri Lanka, Policy Insights, 17 September 2014. Marianne Haase and Pia Honerath, “Return Migration and Reintegration Policies: A Primer”, Integration Strategy Group, December 2016, p. 9. “Deported: human rights in the context of forced returns” (see footnote 10). Platform for International Cooperation on Undocumented Migrants, Position Paper on EU Return Directive, April 2015.