A/HRC/4/24 page 8 Question: Please provide information regarding the existence of non-State actors (private individuals) active in immigration control, such as vigilante groups or groups of private citizens acting with powers similar to security forces. If applicable, please provide information on legislation regulating these groups’ activities. Responses 38. The Special Rapporteur regrets that many States did not provide information on this issue. Mass media of countries of destination very frequently report on non-State actors involved in direct actions of immigration controls resulting in human rights violations of immigrants. The Government of Venezuela identified the National Reserve and the Territorial Guard as organs composed by citizens and which could assist the Armed Forces in border control. In Bosnia and Herzegovina, no non-State actors are active in immigration control. In Belarus, under article 38 of the civilian protection of border control, civilians are able to exercise the right to protect the borders of Belarus on a voluntary basis, which is defined by the President of Belarus. 39. In Germany, under the Act on the Federal Police (BPolG), a legal possibility is provided for appointing appropriate persons as auxiliary police officers to help with certain tasks of border policing and inspecting cross-border traffic. These appointments are based on a case-by-case basis. The relevant authorities and not the auxiliary officers are ultimately responsible for the actions of its officers. Question: Does the law in your country criminalize irregular migration? If so, please provide details, including information regarding existing sanctions and their application. Responses 40. The Special Rapporteur notes that irregular migration is criminalized in several States, including Belarus, Bosnia and Herzegovina, Japan, Mauritius, Moldova, Singapore and Turkey. There are countries of destination where a new trend of criminalization of immigrants has recently emerged. This consists of local governments issuing ordinances establishing fines and other sanctions against those who rent housing or hire irregular migrants, or are found in public places waiting to be recruited, implying that those involved in these actions are criminals. The United Nations should address this trend which is practised in total disregard of constitutional provisions explicitly prohibiting local governments from passing any laws regarding immigration, which is the exclusive jurisdiction of national Governments. 41. Argentina recognizes migration as an essential and inalienable right of a person, and irregular migration is not criminalized. 42. In Belarus, migrants who are caught crossing the borders irregularly are subject to arrest for up to six months and/or may be subjected to the deprivation or restriction of their liberties for up to five years.