A/HRC/37/51
These challenges dangerously reinforce each other, leading to a downward spiral of
marginalization and the posing of ever greater obstacles to the effective exercise of
their rights. Such restrictions and controls must be reconsidered in ongoing
discussions on the rights of people on the move and sustainable approaches to
migration. The role of human rights defenders advocating for the rights of people on
the move must be a core element of renewed commitments to, and action plans and
monitoring regimes for, people on the move.
B.
Recommendations
66.
The Special Rapporteur recommends that States:
(a)
Take all measures to protect the right to life, liberty and security of
person of people on the move and those who defend their rights;
(b)
Recognize publicly the important role played by defenders of people on
the move and the legitimacy of their work; and condemn publicly all instances of
violence, discrimination, intimidation or reprisals against them, and emphasize that
such practices can never be justified;
(c)
Enable people to promote and protect human rights regardless of their
immigration status; in particular, people on the move and those who defend their
rights should be able to exercise, inter alia, their right to freedom of information,
freedom of expression, freedom of association and freedom of assembly;
(d)
Ensure that perpetrators of crimes against people on the move and those
who defend their rights – including employers, law enforcement officials, traffickers,
and criminal gangs – are held accountable for their actions and brought to justice;
(e)
In relation to the rescue of persons at sea specifically, observe legal
provisions as contained, inter alia, in the International Convention for the Safety of
Life at Sea, the International Convention on Maritime Search and Rescue, and the
Convention on the Law of the Sea; ensure that people are not criminalized for
rescuing people at sea, and that masters of vessels sailing under their flag observe
rules regarding rescue at sea; and allow vessels in distress to seek haven in their
waters, granting those on board at least temporary refuge;
(f)
Ensure that all human rights defenders in exile benefit from the
prohibition of refoulement to persecution, as articulated in the Convention relating to
the status of refugees and other international instruments and customary
international law;
(g)
Ensure that national protection mechanisms for human rights defenders
at risk are accessible to defenders of people on the move, including by increasing
training of staff involved in protection about and outreach to defenders of people on
the move;
(h)
Ensure that visa regimes and other policies and practices do not
undermine temporary international relocation initiatives for human rights defenders,
and more fully operationalize policies that provide for humanitarian visas for human
rights defenders at risk;
(i)
Ensure that people on the move and those who defend their rights have
access to justice and to effective remedies through national courts, tribunals and
dispute-settlement mechanisms, regardless of their immigration status; ensure that
they are not threatened with or subject to arrest, detention or deportation when
reporting crimes, labour rights violations, and other forms of human rights violations;
and ensure they have the necessary support for pursuing remedies through effective
access to justice in national courts, tribunals and dispute-settlement mechanisms, with
the support of unions (where applicable), interpreters and legal assistance;
(j)
Ensure that national law and administrative provisions and their
application facilitate the work of all actors providing humanitarian assistance to and
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