E/CN.4/2001/83
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B. Matters requiring the Special Rapporteur’s attention
1. Irregular migration
50.
Most workers leave their countries of origin alone and this is a factor leading to family
disruption. Heads of household emigrate in order to make dignified lives for themselves and
send money to their families. When this situation is combined with the fact that it is impossible
for such migrants to leave their country in a regular manner, they run the risk of falling into the
hands of organized crime networks which sell travel documentation fraudulently. This is the
beginning of a vicious circle.
51.
From the point of view of the human rights of migrants, two concepts are particularly
important: trafficking in persons and smuggling of migrants, i.e. clandestine border crossing.
Cross-border smuggling, for which migrants pay large amounts of money or mortgage their
property and that of their families in their countries of origin, is often the start of trafficking
which is based on fraud and can lead to debt. Trafficking itself and the exploitation it involves,
including lack of choice of type of work, humiliation, physical and mental ill-treatment,
recruitment for the sex industry, death threats, coercion and fraud have extremely serious
consequences for the individual, including guilt, low self-esteem, depression and emotional and
physical vulnerability which become part of the victim’s profile.
52.
In many cases, the two concepts are related. A person who falls into the trap in order to
cross a border often finds himself without protection on the other side and ends up being easy
prey for networks of traffickers and smugglers. According to data from the International
Organization for Migration (IOM), some 4 million persons are victims of trafficking throughout
the world and it is estimated that at least 500,000 women are brought into the territory of the
European Union each year for degrading sex work.
53.
Organized crime networks take advantage of the need for migrant workers in countries of
destination and of the lack of opportunities in countries of origin and cheat, blackmail and create
slavery-like dependence as a result of the vulnerable situation in which undocumented migrants
find themselves. Employers who take advantage of undocumented workers and do not pay their
employment and social security taxes are protected by their nationality. Since national laws
penalize migrants, but not the traffickers, they create a favourable climate for exploitation and
fraud, even where Governments do not intend such a thing to happen. The need for migrants and
the fact that it is difficult for them to work regularly make them easy prey for these smuggling
and trafficking networks.
54.
It must also not be forgotten that exploitation is closely linked with the topic of concern
to us. The exploitation of migrants by unscrupulous employers and contractors who pay lower
wages than what they would pay a foreigner in a regular situation or a national only adds to the
advantages they gain if they also do not pay their social security and taxes on the earnings from
the labour of these persons. Such situations force these workers to put up with excessively long
working hours and unacceptable security and hygiene conditions that gravely endanger their
health. They enable unscrupulous employers and contractors to threaten migrants with the
possibility that they will report their irregular status in the host country, even when such status
has been caused by red tape in the country itself.