A/HRC/13/30 promote and protect their right not to be deprived arbitrarily of their liberty, and tried to advocate for remedies to redress their plight. All country mission reports contain a chapter on administrative immigration detention. Some of the fact-finding missions were exclusively focused on the issue of the detention of migrants and asylum-seekers. 55. The experience made during its missions and the information received in communications from various stakeholders throughout the years prompted the Working Group to include more in-depth analysis of the issue of immigration detention in its annual reports covering the years 1998,22 2003,23 2005,24 and 2008.25 In 1999, it adopted its Deliberation No. 5 on human rights guarantees that asylum-seekers and immigrants in detention should enjoy.26 It has noted with concern during the period reported upon a development towards tightening restrictions, including deprivation of liberty, applied to asylum-seekers, refugees and immigrants in an irregular situation, even to the extent of making the irregular entry into a State a criminal offence or qualifying the irregular stay in the country as an aggravating circumstance for any criminal offence. 56. The Working Group has also publicly expressed its concern regarding a law-making initiative by a regional organization mainly comprising receiving countries, which would allow concerned States to detain immigrants in an irregular situation for a period of up to 18 months pending removal. It would also permit the detention of unaccompanied children, victims of human trafficking, and other vulnerable groups. 57. Three Opinions, 45/2006,27 18/2004,28 and 34/1999,29 provided the Working Group with the opportunity to express itself specifically on whether or not the detention of the concerned migrant was arbitrary. 58. It considers that administrative detention as such of migrants in an irregular situation, that is to say migrants crossing the border of a country in an irregular manner or without proper documentation, or having overstayed a permit of stay, and hence being liable for removal, is not in contravention of international human rights instruments. The Working Group is fully aware of the sovereign right of States to regulate migration. However, it considers that immigration detention should gradually be abolished. Migrants in an irregular situation have not committed any crime. The criminalization of irregular migration exceeds the legitimate interests of States in protecting its territories and regulating irregular migration flows. 59. If there has to be administrative detention, the principle of proportionality requires it to be the last resort. Strict legal limitations must be observed and judicial safeguards be provided for. The reasons put forward by States to justify detention, such as the necessity of identification of the migrant in an irregular situation, the risk of absconding, or facilitating the expulsion of an irregular migrant who has been served with a removal order, must be clearly defined and exhaustively enumerated in legislation. The Working Group is concerned about recent developments in some States, which have undertaken criminalization efforts. 22 23 24 25 26 27 28 29 GE.10-10294 E/CN.4/1999/63. E/CN.4/2004/3. E/CN.4/2006/7. A/HRC/10/21. E/CN.4/2000/4, annex II. A/HRC/7/4/Add.1. E/CN.4/2005/6/Add.1. E/CN.4/2001/14/Add.1. 17