8. Migration as a phenomenon is intricately connected to patterns of economic development and availability of social opportunities in both countries of origin and destination. A very large number of migrant workers, owing to their poverty and disenfranchisement, and the gap in protection in countries of origin and destination, are often not subject to the protection of fair labour standards and are vulnerable to several forms of exploitation. 9. In many countries across Asia, contrary to international law, the immigration status of people tends to result in the denial of basic human rights. In particular, the criminalization of irregular workers including their arrest, detention and deportation without due process is widely prevalent. The situation of women migrants, including those who migrate as a result of transnational marriage, and children deserve particular attention in terms of their special vulnerability to discrimination and violence. Migrant workers are also vulnerable to high levels of discrimination and xenophobia due to prejudices, ignorance and other attitudes intolerant of difference and plurality. 10. Notwithstanding ASEAN initiatives, existing intergovernmental processes within Asia have failed thus far to effectively protect most migrant workers, especially irregular and women domestic workers, as they continue to lie outside of any effective human rights protection system. Migration policies of states need to be reoriented toward enabling protection of all migrant workers in order that they can contribute more effectively to society and the economy. 11. In many Asian countries, irregular migrant workers are criminalized, subjected to prolonged administrative detention and denied due process especially in determining whether they have been victims of human smuggling or trafficking. This makes it near impossible for irregular migrants to access basic health and welfare services. 12. Notwithstanding the near universal ratification of the UN Convention on the Rights of the Child in Asia, the dominant practice in many countries is to keep children of arrested migrants in overcrowded detention centers. The failure of host countries to register and issue birth certificates to the children of migrant workers creates a vicious cycle of stateless children living in a state of limbo. 13. The increasing spread of transnational crime, including the trafficking and smuggling of persons, poses a range of further challenges to migrants who are often victims of such organized crime. Trafficking and smuggling in persons poses significant challenges to states, national and international human rights actors, and civil society organizations. 14. The presence of conflicts and various forms of persecution have resulted in an increased flow of refugees and asylum seekers. Notwithstanding their distinct status in international human rights and humanitarian law, refugees and asylum seekers may face many of the same problems as other migrants do in terms of 3