A/HRC/37/51
56.
Criminalization of defenders of people on the move reinforces the social stigma that
people on the move and their allies face. One defender in Italy noted that “criminalizing
solidarity threatens to promote, in public opinion and among political forces, an indifferent
attitude towards migrants and refugees, or even overtly racist and nationalist positions.” It
seeks to delegitimize the work of defenders and threatens their activities by discouraging
private donors and volunteers. In such a hostile environment, it is important that funders
recognize the challenges that defenders face, and adopt flexible and appropriate funding
mechanisms. Often as part of policies directed at deterring people on the move, States have
cut government funding for civil society working with people on the move, most notably
organizations working against racism and xenophobia and legal centres supporting people
on the move in claiming their rights.
57.
In some locations, the stigma associated with people on the move has been actively
countered by interventions from locally respected institutions, including religious figures
and organizations. Religious leaders around the world have condemned the rise in
xenophobia and urged followers to provide assistance to people on the move without
prejudice, regardless of their cultural, religious and ethnic backgrounds. Local religious
leaders have welcomed people on the move and publically demonstrated support of their
journeys to safety. A striking example of this is along the southern border of Mexico, where
the assistance provided by the Catholic Church to migrants both responds to their
humanitarian needs and mitigates the marginalization and stigma faced by the recipients of
their assistance. In Australia, the “Let them stay” campaign represented a coalition that
drew upon the broad-based community membership and local facilities of religious
organizations.
58.
As irregular and vulnerable migrants are not part of the local polity, by and large
they have no voice in the political arena, and rarely dare to protest. In the face of the
increasingly strident anti-immigration sentiment in political discourse, it is often the
judiciary that can best protect migrants’ rights. Access to justice becomes a key factor in
imposing sanctions for human rights violations and reducing migrants’ vulnerability.
C.
Involvement of non-State actors
59.
As with the rest of society, people on the move interact with private individuals and
companies in a range of domains, from housing to employment, through to banking. These
interactions can result in abuse, breaches of contract and exploitation, which further
heighten the vulnerability of people on the move. International migration is in every sense a
difficult undertaking; as a result, many people on the move often rely on smugglers to cross
borders. Even regular migrant workers are often required to obtain visas through Statesanctioned private recruiters. People on the move often face challenges in seeking remedies
to such mistreatment, particularly when the availability of the remedies is tied to having
regular immigration status or a lengthy period of time to obtain it.
60.
Defenders of people on the move may also face risks and exploitation as a result of
the involvement of organized crime, for example, in the transportation of people on the
move. The Mafia and other criminal networks have become involved in the exploitation of
groups of people on the move, while defenders seeking to expose their criminal activities
are left without adequate protection, especially when they themselves are people on the
move. In Mexico, people on the move face violence, extortion and trafficking from criminal
gangs: “Few make it to the border without having suffered any human rights abuse; many
go missing on the way, never to be found again.”8 In Italy, people on the move who seek to
resist human trafficking can be subject to horrendous abuse.9 Traffickers have threatened
and killed defenders seeking to expose their activities; victims of trafficking who do seek to
expose or prosecute their traffickers face lengthy periods of detention in safe houses,
8
9
Amnesty International, “Mexico’s gruesome war against migrants”, 21 August 2015.
Lorenzo Tondo and Annie Kelly, “Raped, beaten, exploited: the 21st-century slavery propping up
Sicilian farming”, Guardian, 12 March 2017.
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