A/HRC/37/50 (g) While the following recommendations aim to assist States in preventing torture and ill-treatment in the context of migration and ensuring access to protection, redress and rehabilitation for victims, the global governance challenges posed by large and complex migration movements cannot possibly be resolved by individual States alone, but only through multilateral cooperation ensuring international peace and security, human rights, sustainable development, environmental protection and the rule of law in line with the United Nations Sustainable Development Goals (A/RES/70/1). The currently on-going work towards two global compacts on refugees and for safe, orderly and regular migration represents a timely and important opportunity for the international community to make a significant step forward in this respect. B. Recommendations 65. In addition to the general recommendations of the mandate,98 and recognizing the impossibility of providing detailed guidance on every relevant aspect of migration policy, the Special Rapporteur would like to offer the following recommendations with a view to ensuring compliance with the prohibition of torture and ill-treatment, avoiding protection gaps and preventing impunity for violations in the context of migration: (a) National laws, policies and practices: In order to protect migrants from exploitation and abuse at the hands of criminals, corrupt officials and private citizens, States should refrain from basing their migration laws, policies and practices, their public communication, and their agreements with other States or non-State actors, including corporate actors, on deterrence, criminalization and discrimination. Instead, States should focus on developing sustainable pathways for safe, orderly and regular migration based on protection, human rights and non-discrimination. (b) Duty to respect and ensure: States further should take all necessary legislative, administrative, judicial and other measures to ensure that migrants will not, as a consequence of their laws, policies, practices or omissions, be subjected or exposed to acts or risks of torture or ill-treatment, or prevented from exercising ancillary rights designed to protect them against such abuse, such as the rights to leave any country or territory, to seek and enjoy asylum and other forms of international protection, not to be detained arbitrarily, and to have individual rights and duties determined in a due process proceeding. (c) Migration-related detention: States should refrain from policies of mandatory, prolonged or indefinite detention of migrants. Any migration-related detention should remain an exceptional measure and should be physically separated from detention related to the criminal justice system. Migrants, especially children, should never be detained solely because of their irregular migration status or the impossibility of their expulsion. The detention of migrants should never be used as a means of deterrence, intimidation, coercion or discrimination but, within the margins set by human rights law, should be subject to the same criteria as are applicable to nationals, including the requirements of legality, necessity, proportionality and, in the exceptional cases warranting administrative or preventative detention, periodic review. Furthermore, detention conditions and treatment must always align with international standards, most notably the "Nelson Mandela Rules", duly taking into account any personal vulnerability due to factors such as migration status, age, gender, disability, medical condition, previous trauma, or membership in a minority group. Independent national, international and non-governmental monitoring mechanisms, including civil society, National Preventive Mechanisms, the SPT, the Special Rapporteur and, in armed conflict, the ICRC, should be given full access to all places where migrants may be detained or accommodated, including extraterritorial vessels, off-shore facilities, and transit zones. 98 http://www.ohchr.org/Documents/Issues/SRTorture/recommendations.pdf 19