A/HRC/23/46 91. Ensure that the human rights of all migrants concerned is the primary consideration in the negotiation of any migration cooperation agreements with nonEuropean Union countries, including readmission agreements, technical cooperation with coastguards, or mobility partnerships. This should include, but not be limited to, technical and financial support for : • Access to justice by migrants • Support for migrants rights civil society organizations. • Training for all cooperation partners on human rights law. 92. Promote viable alternatives to detention, and not insist on further entrenching detention as a migration control mechanism through support for expanded networks of detention centres. Detention should always be a measure of last resort, and children should never be detained. 93. Ensure the full implementation of the Return Directive in all member States in order to improve the procedural safeguards and minimum standards and conditions of detention, in accordance with international human rights standards. In addition, ensure effective access to justice for all migrants in detention, including: • Access to competent lawyers • Access to competent interpreters and translators • Timely and effective access to justice, i.e. courts, tribunals, national human rights institutions, etc. • Access to legal aid and judicial assistance programmes • Access to NGOs • Access to consular authorities • Access to asylum procedures • Effective and independent external monitoring of all migrant detention facilities. 94. Ensure access to justice for all migrants. In particular, ensure that complaint mechanisms for irregular migrants as set out the Employer Sanctions Directive are properly implemented to enable their effective use and do not in practice penalize complainants on account of their administrative status. 95. Establish durable solutions for migrants who, due to the situation in their country of origin or non-cooperation of consular authorities, cannot be returned. This should include providing them with an appropriate status. Specific recommendation to European Union institutions: To the Council of Ministers: 96. Reconsider the terminology used, and apply the term “irregular” rather than “illegal” migrants. 97. Consider issuing negotiation directives for readmission agreements only with countries of origin, as recommended by the Commission in its Communication on the Evaluation of EU Readmission Agreements. 21