A/65/222 41. In the Special Rapporteur’s view, criminalizing the entry and stay of asylumseekers, as well as their methods of arrival, increases the vulnerability of asylumseekers in host countries and feeds into the depiction of asylum-seekers as criminals, along with other so-called “illegals”. Furthermore, with the increasing focus of migration management on controlling people and their movements, persons who move irregularly are more likely to be profiled than those who do not. In this regard, the Special Rapporteur is very concerned about the assumption that in practice there is some overlap between the categories of refugee and terrorist 13 and calls upon States to support the situation of those escaping persecution and danger, taking all necessary measures to address the stereotyping of asylum-seekers and refugees and proscribing detention in the asylum-seeking determination processes. 2. The protection of victims of labour abuse, exploitation and human trafficking 42. The criminalization of irregular migration and the focus of migration management on security and border controls, place serious obstacles in the way of identifying and protecting victims of labour abuse, exploitation and human trafficking. In this regard, the Special Rapporteur recalls that if victims are not identified or, if they are incorrectly identified as “criminals” or “illegal” migrants, enjoyment of their rights and protection are hampered. As recalled by the Special Rapporteur on trafficking, the ability of victims to access the rights they are entitled to can only be ensured by their quick and accurate identification as victims. 14 43. The criminalization of irregular migration further limits victims’ access to justice and protection and decreases the likelihood that they will report abuse to authorities. The added fear of criminal prosecution and punishment further prevents trafficked and smuggled persons from seeking protection, assistance and justice. The Special Rapporteur observes that recent border control measures aimed at tightening and preventing clandestine entry, including joint border enforcement operations in transit States or at sea, have had troubling effects on the victims. 44. The Special Rapporteur wishes to refer especially to trafficked victims, as he has received information on persons being trafficked and charged with illegal entry or forging of documentation, disregarding their condition as victims of transnational organized crime. Victims are then re-victimized by the criminal justice system and are trapped in a vicious circle of multiple forms of discrimination and victimization. 45. The Special Rapporteur regrets that States have adopted increasingly aggressive anti-smuggling and anti-trafficking laws and policies, with a criminalization and law enforcement focus, without regard to other key elements such as the fundamental human rights obligations of States. He expresses concern about legislation in some States, which effectively allows victims of trafficking to be treated as criminals rather than victims of crime. Trafficked or smuggled, irregular migrants are in many instances prosecuted or detained because of their irregular migration or labour status as well as for using forged documentation, having left or entered a country without authorization, begging or for having worked in the sex industry. In this regard, he wishes to stress that victims of trafficking must be treated as victims of crime and protected against criminalization, including by __________________ 13 14 12 Elspeth Guild and Paul Minderhoud, eds., Immigration and Criminal Law in the European Union: The Legal Measures and Social Consequences of Criminal Law in Member States on Trafficking and Smuggling in Human Beings, 2006, Martinus Nijhoff. A/64/290. 10-47488