A/HRC/37/51
A.
Definition of people on the move
9.
The term “people on the move” is used to capture the diverse populations and
circumstances of individuals and communities that find themselves in new locations.
Sometimes movement has been voluntary, in search of new economic opportunities or new
social horizons; at other times, movement has been forced as a result of armed conflict,
discrimination or human rights violations. In reality, the distinction between voluntary and
forced movement is blurred and challenged by the multiplicity of reasons for movement.
Groups and communities of people on the move are further complicated by a variety of
protection profiles, their reasons for moving and needs.
10.
In the present report, the Special Rapporteur uses the term “people on the move”
broadly to cover both individuals and communities who have moved and are already
recognized in international law and policy, as well as those who find themselves in the
same situation but exist outside formally recognized categories. People on the move include
refugees, internal and international migrants, internally displaced persons, victims of
smuggling and trafficking, and the stateless. They also include persons seeking to reunite
with family members, displaced indigenous communities seeking to return to their ancestral
homes, and all others who find themselves for whatever reason somewhere new. People on
the move may be migrating as part of a well-established and predictable pattern, such as
seasonal agricultural labour, or because of an emerging and dynamic phenomenon, such as
climate change.
11.
People on the move also fall within many other categories; they can be children,
mothers, workers, or persons with a disability. Some of these categories can bring with
them further legal protections. However, these categories, including gender, can also
intersect to isolate and create further vulnerabilities for individuals, groups and
communities. Nonetheless, all people on the move share a common situation: they find
themselves individually and collectively far away from their previous homes in new
communities on the other side of legal, economic, social or political boundaries. People on
the move is a diverse category of individuals and communities united by their shared
experience of movement.
B.
Human rights defenders of people on the move
12.
The term “human rights defender” refers to individuals or groups who, in their
personal or professional capacity and in a peaceful manner, strive to protect and promote
human rights. Defenders are above all identified by what they do, and are characterized
through their actions to protect human rights. Their right to exercise such fundamental
rights and freedoms as those to peaceful assembly and association, participation in the
affairs of society and freedom of expression and opinion, are firmly anchored in the
international system of human rights. The international bill of rights2 makes no distinction
with respect to these rights on the basis of nationality or place of birth. 3
13.
The Special Rapporteur has decided to adopt a broad and inclusive definition of
defenders working on people on the move to include affected communities and individuals,
lawyers, judges and academics. They may also be government officials, civil servants,
members of the private sector (including private sector employees increasingly employed
by States to address the situation of people on the move) and whistle-blowers. Human
rights defenders working on people on the move are often ordinary people who have
themselves been displaced or have chosen to migrate, or who have witnessed the suffering
2
3
Comprising the Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights and the protocols thereto, and the International Covenant on Economic, Social and
Cultural Rights.
Only three rights in the international bill of rights differentiate on the basis of nationality: the right to
participate in political affairs and to vote; the freedom of movement; and, in some circumstances,
economic rights. All of these differentiations are to be interpreted narrowly. See for example General
Assembly resolution 40/144.
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