A/HRC/18/54 refoulement to their countries of origin. Concerns were raised by human rights groups that a disproportionately high number of migrants were being executed in the Libyan Arab Jamahiriya in proceedings that failed to meet international standards for fair trials, with at least half of those sentenced to death being foreign nationals.9 11. Following the uprising in the Libyan Arab Jamahiriya, migrants continued to be vulnerable to human rights violations committed by Government forces and opposition groups, as well as unaffiliated civilians. The international commission of inquiry, established by the Human Rights Council in its resolution S-15/1, reported that mistreatment of migrant workers had taken many forms, including having their houses subject to arbitrary search, being beaten and subject to other cruel and inhuman treatment. The most serious attacks on migrant workers appeared to have been linked to a suspicion that such persons were “mercenaries” on the basis of their national origin or skin colour.10 The commission also reported that migrants had been subject to forced disappearances and extra-judicial killings. Migrants trying to leave reported being regularly stopped and violently harassed at checkpoints, and there were reports that some had been kidnapped for ransom. The Committee on the Elimination of Racial Discrimination, acting under its urgent action procedure, also expressed its serious concern at the impact of the conflict on migrants and asylum-seekers.11 12. Following the outbreak of conflict, as hundreds of thousands of migrants streamed across borders, transit camps in border areas rapidly became overcrowded and volatile. Early in March 2011, at the Egyptian border with the Libyan Arab Jamahiriya, one Bangladeshi man died after a fight over food distribution.12 Several violent incidents in May 2011, some involving confrontations between local residents and the camp population, left at least six migrants in Choucha camp in Tunisia dead, and parts of the camp destroyed by fire.13 13. Founded upon the inherent dignity and equal and inalienable rights of every human being, the principles of equality and non-discrimination lie at the heart of international human rights law.14 In the context of conflict, migrants are entitled to the same protections afforded to nationals under international humanitarian law. 14. Article 16 (2) of the International Convention on the Rights of All Migrant Workers and Members of Their Families and article 5 (b) of the International Convention on the Elimination of Racial Discrimination require States to provide effective police and other criminal justice protection for all persons, including irregular migrants, who are subject to physical or sexual violence, whether inflicted by Government officials or by private individuals, groups or institutions. In its general recommendation No. 30 on discrimination against non-citizens, the Committee on the Elimination of Racial Discrimination called on States to take steps to address xenophobic attitudes and behaviour towards non-citizens, in 9 10 11 12 13 14 Amnesty International, “Libya: Execution of 18 people by firing squad condemned”, 2 June 2010. See A/HRC/17/44, summary. In March 2011, UNHCR noted that a hotline set up by the agency was receiving desperate calls from refugees in the Libyan Arab Jamahiriya saying that they felt trapped, threatened and hunted. UNHCR briefing notes, 1 March 2011. Committee on the Elimination of Racial Discrimination, Statement on Libya, 28 February 2011. Reports alleged in addition that migrants had been forced to leave the country after being attacked by mobs inside the Libyan Arab Jamahiriya. Human Rights Watch, “Libya. Stranded foreign workers need urgent evacuation”, 2 March 2011. UNHCR, Press Briefing Notes, 8 March 2011. Human Rights Watch, “Tunisia: Protect migrant camp residents”, 23 June 2011. Universal Declaration of Human Rights, art. 2, International Convention on Civil and Political Rights, art. 2(3), International Covenant on Economic, Social and Cultural Rights, art. 2(2), International Convention on the Rights of All Migrant Workers and Members of Their Families, art. 7. 5