A/HRC/23/46 17. The Special Rapporteur also notes that the demand within EUMSs for temporary, unskilled labour in several sectors, including agriculture, hospitality, construction and domestic work, remains high, although generally unrecognized. This kind of work is offered by local employers and participates in the informal economy, often at exploitative wages and conditions. The Special Rapporteur notes however that, while programmes do exist to encourage skilled migration to the European Union,3 the rise of the European Union migration framework has not yet been accompanied by a parallel development of possibilities for unskilled migrants to seek regular channels for temporary unskilled work opportunities in EUMSs. Such unrecognized labour needs create a major pull factor for unskilled migration. In the public debate, irregular migrants are often accused of “stealing jobs” or of contributing to lowering wages for regular workers, but States seem to invest very few resources in trying to reduce the informal sector and sanction “irregular employers”, who profit from the exploitative conditions of work to boost their competitiveness. The Special Rapporteur hopes that the Employer Sanctions Directive (ESD)4 will have a positive effect in this respect. Similarly, he notes that negotiations on the Seasonal Workers Directive 5 are under way. 18. As a result, growing numbers of migrants are embarking on dangerous journeys in order to enter the European Union irregularly to carry out this work. They are doing so by taking unseaworthy vessels not only across the Mediterranean and Atlantic oceans, but also by risking their lives through precarious overland routes, in order to seek out such opportunities. Indeed, it is estimated that in 2011, over 1,5006 persons lost their lives in attempting irregular border crossings in the Mediterranean Sea. Between 1998 and 2012, more than 16,000 persons have been documented to have died in attempting to migrate to the European Union.7 It should be noted that this statistic includes not only deaths caused at sea, but also in various other ways, including suffocation in trucks, car accidents, frostbite, police violence, hunger strikes, landmines, or suicide in detention, highlighting many of the dangers involved in irregular migration pathways. 19. The Special Rapporteur acknowledges however that those entering by irregular border crossings by sea or land make up only a fairly small percentage of persons who reside irregularly in the European Union. In fact, statistics indicate that the majority of migrants with irregular status within the European Union are those who are issued an entry permit, enter regularly and then overstay their visa. In this context, it can be considered that there is disproportionate focus, by both the European Union and other commentators, on irregular arrivals by land and sea, in particular in the policy context. 20. However, the Special Rapporteur notes that this focus on migrants who undertake irregular border crossings has significant relevance, as this is where the most egregious human rights abuses appear to take place. Of the utmost concern are the deaths of irregular migrants attempting to cross into the European Union. Other concerns are the mistreatment 3 4 5 6 7 6 For example, Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. See also paras. 72-73 below. Directive 2009/52/EC of the European Parliament and of the Council of 18 June 2009 providing for minimum standards on sanctions and measures against employers of illegally staying third-country nationals. Proposal for a Directive of the European Parliament and of the Council of 13 July 2010 on the conditions of entry and residence of third-country nationals for the purposes of seasonal employment, COM(2010) 379 final. As estimated by the Council of Europe Committee on Migration, Refugees and Displaced Persons, “ Lives lost in the Mediterranean Sea: Who is responsible?”, April 2012. See generally: http://www.unitedagainstracism.org/pdfs/listofdeaths.pdf