A/HRC/37/51
41.
People on the move, particularly those with a precarious status (such as temporary
migrant workers or asylum seekers), usually do not protest or mobilize to challenge the
exploitation that they endure, as they fear retaliation from humanitarian agencies,
recruitment agents, employers and the State; they cannot afford being refused recognition
as a refugee, fired, sent back home or barred from future work abroad, as this would mark
the end of the migration project in which they have already invested so much. Defenders
who have fled face a particular risk of refoulement, as their country of origin may seek the
return of dissidents, either formally through diplomatic pressure or surreptitiously through
the overseas actions of State security agents.
42.
Defenders who continue their activities in exile face a chronic lack of protection.
State police and officials can project the same xenophobia and hostility to people on the
move that plagues host communities; defenders in exile may lack social networks and
capital and local knowledge about policies and practices to ensure that local authorities
offer them protection. UNHCR and humanitarian organizations, which are often the target
of the advocacy of such defenders, can see them at best as being of relative significance and
at worst, as undeserving of status or services. Although the protection activities of UNHCR
are overstretched, defenders in exile can face particular problems in their access to
protection owing to the belief that their risk is less worthy of a response because it is either
self-inflicted or self-interested. Women human rights defenders are particularly vulnerable
to lack of protection.
43.
Many such people living in chronic insecurity are, as a result, unwilling to speak out
about their individual circumstances, although the media’s constant need for a “human
story” will rarely them publicize an issue without a personal account at its centre. The
outcome of this is the further stifling of public discussion regarding the treatment of people
on the move. The vulnerabilities of defenders in exile can lead to them losing control of
their stories, even when working with sympathetic journalists or local human rights
defenders. The conditions they face, particularly if in detention, can deprive them of their
dignity and bias popular discussion of their situation. As one defender working in
extremely difficult circumstances informed the Special Rapporteur, “They have tried to
suppress me because they know that if I were seen in this light, things would be different…
If I had been granted the respect I deserve from others at an earlier stage, I would’ve been
able to resist a lot stronger, I would’ve been able to fight a lot fiercer.” More broadly,
people on the move are often insufficiently involved in deciding which stories should be
published, which narratives should be presented and which images should be used.
Defenders of people on the move need to be willing to discuss the ethics of their practice,
and to listen to and support the voices of defenders in exile.
2.
Restrictions on the rights of people on the move
44.
The ability of people on the move to protest through free expression, association or
peaceful assembly is too restricted. For example, under s. 7 of Singapore’s recently revised
Public Order Act, a permit for public assembly may be refused if it involves the
participation of any individual who is not a citizen of Singapore. This has forced organisers
to establish what are in effect immigration checkpoints at the entrances to spaces of protest
and has silenced the voices of the quarter of the residents of Singapore who are not citizens
on issues that pertain to their daily life in that country. To be clear, there is no basis in
international law for completely divesting non-citizens of their assembly rights.
45.
Often local labour laws fail to recognise the claims of people on the move,
particularly when they are irregular, and take so long to resolve that people on the move are
forced to agree to settlements or withdraw complaints. In some countries, contrary to
international labour standards, collective bargaining and union membership is effectively
restricted to citizens.
46.
People on the move as human rights defenders often face extra barriers to
participating in international discussions and consultations. The continuation of defender
activities while in exile is tied to their continued membership and participation in regional
and international movements or organizations. However, full participation in meetings and
advocacy opportunities, including before the Human Rights Council, may be impossible
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