A/HRC/37/51
due to visa restrictions or renewal of expired travel documents. Human rights defenders in
exile are also disproportionately affected by exit controls in their country of residence
which may result in sanctions if any irregular status is discovered or prevent their return.
3.
Particular vulnerability of some defenders in exile
47.
Some defenders who become people on the move face heightened risk because of an
aspect of their identity or the issues on which they work. Women human rights defenders
who are forced to flee often face a dilemma: they face heightened vulnerability and social
stigma if they flee alone but flight into exile with their children may be even more difficult
and will almost certainly curtail their ability to continue their human rights activities.
LGBTI defenders may also face particular vulnerability in exile, particularly in refugee
camp settings where their sexual orientation and gender identity brings with it social stigma
and risk and the general lack of privacy makes it impossible to maintain secrecy. State
officials, humanitarian organisations and even defenders in the new host community may
be indifferent or actively hostile to the particular vulnerabilities of these defenders who
become people on the move.
48.
The expansive use of cessation provisions for refugee protection by some States
paralyses human rights defenders in exile and prevents them from continuing their
activities. Such policies undermine the ability of defenders in exile and create needless
obstacles to their work for the betterment of their communities. Human rights defenders
who protest their treatment or the treatment of other people on the move often face reprisals
including the loss of status, expulsion from refugee camps and refusal of access to
resettlement.
49.
Some people on the move are particularly vulnerable due to their circumstances in
their new place of residence. Live-in domestic workers, who in many places are exclusively
drawn from the ranks of international migrants, face particular vulnerability to monitoring,
control and coercion predicated on their isolation from each other, heightened dependence
on their employer, the private location of their work and interrelated restrictions on their
freedom of movement. Moreover, migrant domestic workers who seek to defend their
rights risk reprisals that can instantly strip them of status and simultaneously render them
homeless.
VII. Defending the rights of people on the move
50.
People on the move have many allies, both old and new. With the surge in the
number of people on the move, a growing number of defenders are seeking to address the
human rights violations they face. Unfortunately, defenders of people on the move also face
a number of barriers: difficulty in access to people on the move, and the sites of human
rights violations against them; the criminalization and stigmatization of their work, and of
people on the move; and the growing involvement of non-State actors in violations against
people on the move.
A.
Lack of access to people on the move
51.
People on the move are often forced to confront peril when they transit militarized
border zones or cross dangerous seas. More than 5,000 people on the move are reported to
have died in the process of migration towards an international destination over the past
year. Unfortunately, defenders who seek to assist people on the move in such spaces often
face dangers themselves. Some have been charged with smuggling while trying to rescue
refugees on the high seas, or have been subjected to a growing number of regulatory
restrictions on their actions.
52.
Access to people on the move in border areas is often controlled by military
authorities, who simultaneously are unable to meet the needs of people on the move in
these areas and restrict access and humanitarian assistance to them. In a number of
countries, the authorities have ordered soup kitchens to be closed, rescue boats to be
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