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to a third country due to increasing repression by States - many of which are the recipients of aid
and training and that are involved in the policies to externalize border controls. Finally, as
explained above, the policies may have intensified smuggling efforts (in terms of diversification
of routes and complication of strategies), and caused intermediaries (such as taxi and boat
drivers, family members, for example) to inadvertently be deemed complicit in such smuggling
efforts.
23. Despite these seemingly counterproductive effects, the management of migration flows
depends on regional and bilateral cooperation, and many positive elements for social and
economic development and enhanced security may arise from agreements between sending,
transit and destination countries. The challenge remains to construct and implement such policies
so that they both prevent irregular migration and protect migrants’ rights. The promotion of
increased collaboration can serve to prevent irregular migration if the migration control policies
are adequately evaluated and implemented with a view to their effectiveness and with adequate
consideration to the protection of all migrants in all phases of the movement process.
3. Criminalization of labour migration
24. The Special Rapporteur observes that the increasing criminalization of irregular migration,
in the case of movement for economic purposes, does not adequately address issues of
demand-driven labour and the needs of the receiving economies. A predominant push factor for
migrating is perceived employment and, despite the reciprocal relationship between economies
that may be able to absorb additional migrants, and labourers which move in search of
employment based on perceived demand in the host country, it is often the irregular migrant
which is penalized. This manifests itself in vulnerability to detention and subsequent expulsion if
the irregular migrant is not able to gain regular status and is intercepted during the process, or
loss of job and livelihood if the migratory process was (temporarily) successful.
25. Moreover, an inadequate understanding of the needs of a host society can lead to
xenophobic sentiments towards the migrant population, even if the migrants are filling a labour
gap which contributes to helping an ailing sector of the host economy. For example, there are
situations where a host society, without fully comprehending the economic benefits of recruiting
a particular labour group from abroad - often in the agricultural and medical fields, inter alia has displayed aggressive attitudes towards these groups.16
26. Sharing information about the need for labour mobility and its contribution to the host
economy may contribute to better integrating migrant populations into the host society. Where
properly managed (including by regulating migration through increased legal channels and
16
A particularly salient example is the case of Haitian migration of sugarcane labourers to the
Dominican Republic. See James Ferguson, “The Haitian minority in the Dominican Republic”
and Maureen Achieng, “Managing Haitian migratory flows to the Dominican Republic” in
Intra-Caribbean Migration and the Conflict Nexus, pp. 307-67. See also Mireille Kingma,
Nurses on the Move: Migration and the Global Health Care Economy (Ithaca, Cornell
University Press, 2005).
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