A/57/292 E. Irregular migration: smuggling, trafficking and slave labour 45. The Special Rapporteur has noted that a good many countries have not come up with an effective strategy to combat the spread of illegal migrant smuggling networks or made trafficking a punishable offence under their law (see E/CN.4/2002/94). National legislation on the subject is still embryonic, and most States are not parties to the United Nations Convention against Transnational Organized Crime and the two supplementary protocols on trafficking and smuggling. The Special Rapporteur is also concerned at reports that State employees are suspected of being in league with the smuggling networks, and reports of the prevailing corruption in this area. 46. The Special Rapporteur considers it highly important to make an effort to block illegal migration, which not only exposes migrants to abuse during their voyage but also, because of their illegal status, affects their rights in the country of destination. On the subject of preventing smuggling, the Special Rapporteur does not think it is possible to evade a thoroughgoing debate on how to regulate migratory flows where there is a real demand for immigrants. Effective policies are needed to prevent illegal migration, starting in the countries of origin, by providing nationals with proper documents, mounting information campaigns and enabling people to put down roots in their home countries. The Special Rapporteur does not believe that economic aid for development can by itself solve the problem of rootlessness: the countries of origin must also undertake to promote the political, social and cultural establishment and integration of their nationals. 47. The Special has noted the concern of receiving countries, particularly in the West, at the specificity of trafficking. However, with regard to networks involved in trafficking for degrading sex work, there does not appear to be any action or appropriate legislation to combat these extreme forms of abuse or the use of degrading and forced labour in those countries. Moreover, like the victims of the trafficking, the Special Rapporteur has noted that no adequate measures have, as yet, been taken to protect and assist the victims. 48. The Special Rapporteur is also concerned to see that the countries that use irregular migrant labour are all reaching the same way to situations in which the rights of such workers are violated. There is a tendency to stereotype irregular migrants and to regard them as criminals. F. Managing migration with order and dignity 49. In her report to the 82nd session of the IOM Council, which took place from 27 to 29 November 2001, the Special Rapporteur said that effective protection of the human rights of migrants should be guaranteed at every stage and in every procedure of migration management, both in the receiving State and in the States of transit and origin. This focus on rights should be an integral part of any migration procedure, including the deportation or return of non-documented individuals. 50. Throughout her three years in the post, the Special Rapporteur has maintained that the protection of the human rights of migrants is directly linked with migration management and should not be regarded in isolation. Nor is it incompatible with the sovereignty exercised by States in controlling their borders and the entry of people into their territory. Migration should thus take place in conditions that respect the dignity of migrants, in line with States’ human rights obligations. 51. The Special Rapporteur is in favour of regional and bilateral initiatives aimed at combating irregular migration, establishing order and cooperation in the management of migration and ensuring the dignified treatment of migrants. She considers that, owing to the complexity of the migration phenomenon, unilateral control measures are ineffective in the medium or long term. She therefore favours the adoption of cooperative, realistic and equitable solutions to the problem of irregular migration and trafficking, by seeking ways and means to regularize migration and find solutions that respect the dignity of those obliged to return to their countries of origin. 52. NGOs should be involved in efforts in this direction, in the areas of cooperation, dialogue and care at the regional level. In that connection, the Special Rapporteur believes that the protection of the human rights of migrants should not be dissociated from or set at variance with the management and control of migration. On the contrary, she would be in favour of the institutions concerned, NGOs and international bodies seeking ways of strengthening the protection of 15

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