A/HRC/23/46 B. Recommendations 81. If a common European Union migration policy is to provide added value with regard to migrants’ rights, then special attention should also be paid to better guaranteeing the legitimacy and evaluating the soundness of the foundations upon which the current programmes have been built, with particular emphasis on the rule of law and protection of human rights, including for irregular migrants . General recommendations: 82. Further implement a human rights-based approach to migration and border management, ensuring that the rights of migrants, including irregular migrants, are always the first consideration. 83. Recognize the fact that sealing the external borders of the European Union is impossible, that migrants will continue arriving despite all efforts to stop them, and that, at some point, repression of irregular migration is counterproductive, as it drives migrants further underground, thereby empowering smuggling rings, and creating conditions of alienation and marginalization that foster human rights violations, such as discrimination and violence against migrants. 84. Consider opening up more regular migration channels, including for lowskilled workers, thus reflecting the real labour needs of the European Union, which would lead to fewer irregular border crossings and less smuggling of migrants. 85. Create a harmonized set of minimum standards of rights for migrants in an irregular situation, in compliance with international human rights law. In this regard, take due account of the report of the European Union Agency for Fundamental Rights (FRA) on “Fundamental rights of migrants in an irregular situation in the European Union”, and urge all European Union member States to ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families. 86. Encourage more solidarity and responsibility-sharing among European Union member States in relation to borders, asylum and migration, in accordance with article 80 of the Treaty on the Functioning of the European Union and the Communication on enhanced intra-EU solidarity in the field of Asylum. In this respect, consider fundamentally revising the recast Dublin regulation and the underlying principles thereof, which in its current form counterproductively overburden the asylum system of external border States. 87. Streamline migration policy within the European Union, ensuring that the human rights of migrants are observed in practice, together with accountability and transparency. In this respect, consider the establishment of a permanent evaluation and independent monitoring mechanism as an integral part of European Union migration control policies and practices. 88. Make public and transparent any agreements on migration control, and do not uphold nor enter into agreements with countries which are unable to demonstrate that they respect and protect the human rights of migrants. 89. Avoid criminalization of irregular migrants in language, policies and practice, and refrain from using incorrect terminology such as “illegal migrant”. 90. Develop procedures and guidelines for ensuring that rescue at sea is implemented effectively. In this context, adopt rules to motivate private vessels to help boats in distress. 20