A/59/377
economy or problems stemming from the ageing of the population as a result of low
birth rates. In accordance with this approach, migratory flows should therefore be
managed on the basis of the number of immigrants “necessary” for the development
of the economy of the host country. However, this instrumental view of immigration
does not take into account that the reasons for migration are as many and as varied
as the migrants themselves, nor does it conceive of the possibility that immigrants
may wish to reside permanently in the host country. That may be why it is so
difficult right now to imagine a political agenda on immigration that envisages (very
necessary) discussions of the challenges posed to democracy by immigration, such
as the inadequacy of the current model of citizenship. Moreover, an in-depth study
should be carried out into the effects of the message being sent to the population of
the host country through this political model of immigration management. The
Special Rapporteur wishes to note that the International Convention on the
Protection of the Rights of All Migrant Workers and Members of Their Families
adopts a different approach, as it refers to migrant workers throughout as social
beings with families and recognizes the important role that they play in the global
economy, while emphasizing that they nonetheless belong to a highly vulnerable
group.
54. During her visits, the Special Rapporteur has been able to witness the effects
of the restrictive nature of some current immigration policies. In general, there are
many foreign nationals living in transit and destination countries who, despite not
having a residency permit, are nonetheless employed. Such people cannot regularize
their status because they work in the shadow economy, but at the same time cannot
find legal employment because of their irregular administrative status. The existence
of such pockets of exclusion calls into question both the effectiveness and the
political legitimacy of such policies. The Special Rapporteur welcomes recent
efforts by a number of States to regularize the status of illegal immigrants within
their territory who can prove that they are employed. Nonetheless, regularization
procedures must be carried out with absolute respect for the human rights of such
people so that they cannot be blackmailed if regularization is left to their employers.
55. The concept that immigration is a security issue has continued to gain ground
since 11 September 2001 and has taken precedence over all other issues, including
human rights. The erosion of rights sometimes caused by anti-terrorist measures
affects immigrants in particular. The Special Rapporteur stresses that efforts to
combat terrorism and organized crime must be solidly grounded in the rule of law
and respect for human rights.
56. Combating the smuggling of migrants and trafficking in persons is on the
agenda of all consultative processes on migratory management. The Special
Rapporteur considers that such crimes need to be combated simultaneously, having
noted that people who employ the services of criminal organizations involved in the
illicit trafficking of immigrants run a high risk of being victims of trafficking
themselves (see E/CN.4/2004/76). Providing potential emigrants with information
on the risks of illegal migration and legal channels of entry into destination
countries may help to combat the rise of illicit trafficking of immigrants. The
Special Rapporteur calls on Member States to consider ratifying the United Nations
Convention against Transnational Organized Crime and its additional protocols on
the smuggling of migrants and trafficking in persons, and believes that these
instruments can be supplemented by measures to safeguard the rights of the
victims.14
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