A/58/275 13. The Special Rapporteur has observed that smuggling may increase the risk of trafficking. Migrants who have recourse to the services of smugglers may find themselves in a position of extreme vulnerability owing to their irregular situation, the debt they may incur in their countries of origin and the impunity with which trafficking and smuggling networks often operate. At times their undocumented status puts them in a situation where contracts are changed, or they are forced into degrading and humiliating jobs, often in conditions amounting to slavery. As a result, they go from being irregular migrants to being victims of trafficking. Although trafficking can also occur within countries, the Special Rapporteur always refers to these crimes within a context of international migration. 14. Another challenge is posed by the existence of mixed flows of asylum-seekers and migrants. Undocumented or irregular migrants often use the asylum procedures because they see it as the only way of obtaining a temporary permit to remain in the asylum country. At the same time, people with legitimate asylum claims do not apply for asylum for fear of being returned to their countries of origin upon denial of refugee status. The Special Rapporteur has noted with concern that the authorities of asylum countries often have scant knowledge of the eligibility requirements for asylum. 15. The complexity of the two interrelated phenomena has increased the vulnerability of those involved. The Special Rapporteur has noted that undocumented or irregular migrants are vulnerable to abuse, discrimination and exploitation in countries of transit as well as in countries of destination. Those using smugglers do so voluntarily, yet they are at great risk of abuse in the migration process, including extortion by corrupt migration or other law enforcement officials. Moreover, the inhumane conditions in which smuggling occurs puts migrants in extreme danger. As stated above, their irregular situation often makes them vulnerable to traffickers. Asylum-seekers using irregular migration channels to leave their countries of origin are in the same situation of vulnerability as undocumented migrants. 16. The Special Rapporteur believes that in order to address this complex situation, three sets of distinct, yet related and mutually reinforcing, measures are needed: measures to prevent irregular migration and fight smuggling networks; measures to combat trafficking and to protect its victims; and measures to preserve the integrity of the asylum protection system. 17. The Special Rapporteur notes that measures to prevent irregular migration include the development of immigration policies that take into account the reality of the labour market, thereby increasing opportunities for regular migration when there is a real demand for migrant labour; international cooperation for the development of work opportunities in the communities of origin of migrants; and the provision of information to potential migrants about work opportunities, regular migration channels and the risks of resorting to irregular migration channels. 18. In order to combat smuggling, the Special Rapporteur believes that the issues of impunity for criminal smuggling networks and corruption on the part of some immigration officials in countries of origin, transit and destination must be tackled, including by making smuggling a criminal offence under national legislation and by strengthening cooperation among relevant law enforcement agencies. These measures should be accompanied by tight control on recruitment agencies and by 10

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