A/65/222 consideration and action by States and other stakeholders and wishes to encourage States to address those recommendations. III. Issue in focus: the impact of the criminalization of migration on the protection and enjoyment of human rights 7. In 2008, the Special Rapporteur warned the Human Rights Council of the increasing criminalization of irregular migration and the abuses of migrants during all phases of the migration process. He also referred to the externalization of migration control policies, the criminalization of labour migration, violations against irregular migrants pertaining to interception and rescue at sea, detention and expulsion, and smuggling and trafficking. 1 8. In the present report, which is being submitted two years later, the Special Rapporteur observes with deep concern that the trend towards increasing criminalization continues. In addition, insufficient progress has been made in mainstreaming human rights into migration governance. Yet, migration can be an essential component of development and prosperity in countries of destination, transit and origin in all regions of the world, and migrant labour continues to be vital, and in demand, in most countries around the globe. 9. The Special Rapporteur observes that disregard for human rights in migration management initiatives has detrimental consequences not only for the protection of non-documented or irregular migrants, but also for migrant populations as a whole and host societies at large. Accordingly, he proposes, in this report, to expand the framework of analysis to include the overall impact and consequences entailed by policies that use criminal penalties, or administrative penalties which mimic criminal ones, including policies that encourage labelling migrants as criminals or illegal. 10. While recognizing the complexity of irregular migration and the plight of irregular migrants, smuggled migrants and victims of abusive forms of migration and transnational organized crime, the Special Rapporteur wishes to stress that he does not aim to encourage irregular migration, but rather to underscore that irregular migration is sometimes tacitly encouraged by the migration management policies put in place by States. He also aims to highlight that a simplistic crime prevention or law enforcement approach is ineffective and usually neglects the human rights concerns involved in the complex causes and effects of irregular migration, in particular the importance of States adhering to international human rights standards vis-à-vis all migrants, whether documented or not. 11. In line with the above, the Special Rapporteur wishes to draw the General Assembly’s attention to major human rights implications of the criminalization of irregular migration. The Special Rapporteur expects that his report will contribute to the dialogue on these issues in the framework of the fourth meeting of the Global Forum on Migration and Development, which will be held in Mexico in November 2010. In his view, the Forum’s central theme “Partnerships for migration and development: shared prosperity-shared responsibility” is momentous. It provides an important platform for dialogue among States and other stakeholders on migration __________________ 1 10-47488 See A/HRC/7/12. 5

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