A/HRC/7/12 page 20 prosecuted simply for being smuggled - it specifies that migrants shall not become liable to criminal prosecution for being the “object” of smuggling - it is significant that irregular entry remains a criminal offence in many countries.46 59. In contrast with the definition of trafficking, although smuggling can be abusive and dangerous, its definition does not necessarily denote the occurrence of exploitation or a violation of human rights. In practice, however, the distinction between the two can be hard to draw and, as explained above, migrants who initially consent to being smuggled may end up in exploitative situations.47 Due to the ambiguities in such practices, and not least owing to the proliferation of networks as a response to ever more restrictive anti-immigration policies, it is particularly important that States receive irregular migrants perceived to be involved in trafficking and smuggling practices on an individual basis, investigating to the fullest extent their potential complicity, and providing for them guarantees of due process. III. CONCLUSIONS AND RECOMMENDATIONS FOR THE PROTECTION OF IRREGULAR MIGRANTS 60. The Special Rapporteur encourages States to view irregular migration as an administrative offence, reversing the trend toward greater criminalization, and to incorporate the applicable human rights framework into their bilateral and regional arrangements for managing migration flows and protecting national security interests, as well as to harmonize their national laws and policies with international human rights norms. At the core of immigration policies should be the protection of migrants, regardless of their status or mode of entry. As such, the Special Rapporteur offers the following recommendations for the formation or reform of regional and bilateral cooperation mechanisms and agreements, as well as the enhancement of national training and analysis programmes and policy measures. Incorporating a human rights framework 61. States should incorporate the applicable human rights framework into their bilateral and regional arrangements for managing migration flows and protecting national security interests. Specific attention should be paid to detainees, smuggled migrants, victims of trafficking, children, women, asylum-seekers and other vulnerable groups. Policies designed for the readmission and reintegration of returnees should ensure that migrants seeking international protection are not forcibly returned without guaranteeing their rights to seek aslyum. 62. States should incorporate international human rights norms into their national immigration laws and policies. In this context, States who have not yet done so should ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the first comprehensive international treaty focusing on 46 Smuggling Protocol, article 5, and see Lee, p. 4. 47 Cholewinski, et al., p. 27.