A/57/292
E. Irregular migration: smuggling,
trafficking and slave labour
45. The Special Rapporteur has noted that a good
many countries have not come up with an effective
strategy to combat the spread of illegal migrant
smuggling networks or made trafficking a punishable
offence under their law (see E/CN.4/2002/94). National
legislation on the subject is still embryonic, and most
States are not parties to the United Nations Convention
against Transnational Organized Crime and the two
supplementary protocols on trafficking and smuggling.
The Special Rapporteur is also concerned at reports
that State employees are suspected of being in league
with the smuggling networks, and reports of the
prevailing corruption in this area.
46. The Special Rapporteur considers it highly
important to make an effort to block illegal migration,
which not only exposes migrants to abuse during their
voyage but also, because of their illegal status, affects
their rights in the country of destination. On the subject
of preventing smuggling, the Special Rapporteur does
not think it is possible to evade a thoroughgoing debate
on how to regulate migratory flows where there is a
real demand for immigrants. Effective policies are
needed to prevent illegal migration, starting in the
countries of origin, by providing nationals with proper
documents, mounting information campaigns and
enabling people to put down roots in their home
countries. The Special Rapporteur does not believe that
economic aid for development can by itself solve the
problem of rootlessness: the countries of origin must
also undertake to promote the political, social and
cultural establishment and integration of their
nationals.
47. The Special has noted the concern of receiving
countries, particularly in the West, at the specificity of
trafficking. However, with regard to networks involved
in trafficking for degrading sex work, there does not
appear to be any action or appropriate legislation to
combat these extreme forms of abuse or the use of
degrading and forced labour in those countries.
Moreover, like the victims of the trafficking, the
Special Rapporteur has noted that no adequate
measures have, as yet, been taken to protect and assist
the victims.
48. The Special Rapporteur is also concerned to see
that the countries that use irregular migrant labour are
all reaching the same way to situations in which the
rights of such workers are violated. There is a tendency
to stereotype irregular migrants and to regard them as
criminals.
F. Managing migration with order and
dignity
49. In her report to the 82nd session of the IOM
Council, which took place from 27 to 29 November
2001, the Special Rapporteur said that effective
protection of the human rights of migrants should be
guaranteed at every stage and in every procedure of
migration management, both in the receiving State and
in the States of transit and origin. This focus on rights
should be an integral part of any migration procedure,
including the deportation or return of non-documented
individuals.
50. Throughout her three years in the post, the
Special Rapporteur has maintained that the protection
of the human rights of migrants is directly linked with
migration management and should not be regarded in
isolation. Nor is it incompatible with the sovereignty
exercised by States in controlling their borders and the
entry of people into their territory. Migration should
thus take place in conditions that respect the dignity of
migrants, in line with States’ human rights obligations.
51. The Special Rapporteur is in favour of regional
and bilateral initiatives aimed at combating irregular
migration, establishing order and cooperation in the
management of migration and ensuring the dignified
treatment of migrants. She considers that, owing to the
complexity of the migration phenomenon, unilateral
control measures are ineffective in the medium or long
term. She therefore favours the adoption of
cooperative, realistic and equitable solutions to the
problem of irregular migration and trafficking, by
seeking ways and means to regularize migration and
find solutions that respect the dignity of those obliged
to return to their countries of origin.
52. NGOs should be involved in efforts in this
direction, in the areas of cooperation, dialogue and care
at the regional level. In that connection, the Special
Rapporteur believes that the protection of the human
rights of migrants should not be dissociated from or set
at variance with the management and control of
migration. On the contrary, she would be in favour of
the institutions concerned, NGOs and international
bodies seeking ways of strengthening the protection of
15