A/HRC/10/31 page 10 for the promotion and enhancement of the protection of economic, social and cultural rights in the context of countering terrorism. 36. The working group on protecting human rights while countering terrorism selected 10 areas of counter-terrorism measures or policies that are used by Member States, which require additional guidance to clarify their human rights obligations and ensure compliance therewith. The tools will be developed in early 2009. 37. With the view that human rights protection must be enshrined in constitutions, a seminar to strengthen the capacity of OHCHR to provide constitutional assistance to States was organized in Geneva in December 2008. E. Migration 38. Migration offers great opportunities and benefits to receiving and sending countries as well as to migrants and their families, but there are also challenges that need to be addressed. As the financial crisis turns into an economic crisis, a rise in xenophobia, anti-migrant sentiments and discriminatory practices is likely to affect the rights of migrant workers and members of their families. Migrant workers will be, and already are, the first ones to lose their jobs, not only because their status is called into question but also because they are employed in sectors that are particularly affected by the crisis. In responding to the financial crisis, States need to ensure that domestic policy adjustments, particularly those in fiscal spending, are not made at the expense of the poor and the marginalized through cutbacks in spending in the health, education and social protection sectors, which would have a disproportionate impact on migrant workers and their families. Strengthening and maintaining social protection systems while ensuring access to basic services are crucial to support populations as a whole, as well as those especially vulnerable and marginalized. 39. One worrisome trend being witnessed today is the increasing criminalization of irregular migration, with violations of migrants’ rights during all phases of the migration process. This is linked in many countries to persistent anti-migrant sentiment, which is often reflected in policies and institutional frameworks designed to manage migratory flows, sometimes in a purely restrictive manner and involving mandatory detention. There are many criminal justice practices used by States to combat irregular migration, including greater criminalization of migration offences (as opposed to treating them as an administrative offence) and cross-border collaboration by police and other authorities, which have, in certain cases, resulted in increased violations against migrants. While comprehensive State policies – as opposed to ad hoc measures – on migration are desirable, these policies must incorporate a human rights-based approach, including protection against arbitrary detention. To address these issues, together with other partners, OHCHR co-organized a number of conferences and seminars, such as the African Parliamentary Conference on Migration, in Rabat, in May 2008, a regional conference on refugee protection and international migration in West Africa, in Dakar, in November 2008 and a parallel event to the seventh session of the Council on the challenges of irregular migration, with the participation of national delegations, non-governmental institutions and trade unions. 40. As a founding member of the Global Migration Group, OHCHR contributed substantively to the report published in October 2008 on international migration and human