A/HRC/41/38/Add.1 rights of migrants through their criminalization, harassment, arbitrary arrest and detention, and forced return. The current situation has significantly increased the pressure on the Nigerien authorities regarding the country’s migration management, at a time when their capacities are limited and already severely stretched. The international community must raise its awareness of this situation and increase support to the Niger to help the country refocus its strategy on migration management, which should be compliant with its international human rights obligations, and to strengthen relevant national institutions and capacities to create a well-functioning system of protection for asylum seekers and migrants in vulnerable situations. 70. The Niger has an obligation to protect all migrant persons in its territory, regardless of their status or nationality. Due to the limited capacity of the Niger, the international community must step up its support by addressing the root causes of migration and by providing regular and safe pathways for migration instead of banning all migration to the north and turning the Niger into a hub for processing forced returns, in disregard of international human rights law and raising questions as to the effectiveness and sustainability of these measures. A. Recommendations to the Government of the Niger 71. Based on the information received and the concerns expressed, the Special Rapporteur proposes the following recommendations to the Government of the Niger, urging it to implement them in cooperation with relevant stakeholders, including the United Nations country team and civil society organizations. 72. To promote human-rights based migration management in the Niger and in the region, the Special Rapporteur recommends that the Government: (a) Ratify the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, the Protocol against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime and the Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa; (b) Reform the Law on the Illicit Smuggling of Migrants to clarify its purpose and provisions, ensuring that it does not criminalize or victimize migrant persons and is fully in line with international human rights standards, strengthen provisions on prevention (e.g., through awareness-raising and training of State officials), clearly state the competences of pertinent authorities and ensure the protection of migrants, including victims of illicit smuggling (e.g., by prohibiting the detention of migrants and victims of illicit smuggling, including children, adopting specific measures for the protection of non-accompanied children and establishing accessible complaint mechanisms); (c) Adopt a comprehensive national migration management strategy that is child-sensitive, gender responsive and fully respects the human rights of migrants, and that sets the framework for the implementation of the Global Compact for Migration and the Sustainable Development Goals as well as regional and international cooperation for this purpose; (d) Take ownership of the migration policy and strengthen and empower national institutions and capacities to take the lead in the design and implementation of national migration management measures; (e) Invest in filling data gaps, such as those concerning underground migration, remigration and smuggling and trafficking networks, to develop a systemic picture and evidence-based policies; 16