A/65/222 restrictions on legal avenues for migration (including family reunification); a rise in unemployment and social exclusion in some countries of origin, along with increased structural disparities within and among countries; and pull factors in destination countries, particularly the increased demand in the informal sectors of the labour market, which is endogenous to countries of destination. 22. The Special Rapporteur holds the view that irregular migration is the result of the interaction of factors in countries of origin and destination and that therefore, managing irregular migration is a shared responsibility as pointed out in the theme of the fourth meeting of the Global Forum on Migration and Development. 8 In his view, recognizing the demand for the labour force of irregular migrants in countries of destination should be the basis for the moral and legal obligation of countries of destination and origin to share responsibility for shaping and implementing a human rights-based approach to migration governance and subsequent decriminalization of irregular migration. 2. The disproportionate use of detention in migration management 23. The Special Rapporteur deeply regrets that in many countries, immigration procedures routinely include detention as the main, or even the only, interim measure to ensure the efficacy of migration control. Detention is also used as a deterrent measure to prevent further arrivals of migrants and asylum-seekers. In his view, these objectives cannot justify the widespread and increasing use of immigration detention. The Special Rapporteur is of the view that States should, on the contrary, progressively abolish it. 9 24. The Special Rapporteur is also concerned that in some instances immigration detention mimics criminal detention and is applied without any judicial oversight, thus operating in clear contradiction to international law and human rights standards. He remains concerned about arbitrary migration-related detention laws and practices, the general absence of implementation of judicial and due process of law guarantees, and regrets that in some instances the maximum length of immigration detention is undetermined. 25. The Special Rapporteur concurs with the Working Group on Arbitrary Detention, which has stated that the principle of proportionality requires that administrative detention should be considered as a measure of last resort. Strict legal limitations must be observed and judicial safeguards provided for. The reasons put forward by States to justify detention, such as the necessity of identifying migrants in irregular situations, the risk of migrants absconding or facilitating the expulsion of irregular migrants who have been served with removal orders must be clearly defined and enumerated in national legislation. 10 26. Migrants in detention are sometimes confined in overcrowded locations without adequate health care, food, sanitation or safe drinking water. Some are also subjected to prolonged or indefinite administrative detention, in conditions which have been denounced by the Special Rapporteur on the human rights of migrants and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment. __________________ 8 9 10 8 See http://www.gfmd.org/mexico-2010/. E/CN.4/2003/85, para. 74. A/HRC/13/30. 10-47488