A/HCR/41/44
Threats to prosecute, deport or suppress those who campaign on behalf of or speak
in support of irregular migrants (or actually taking such measures)
16.
In February 2018, a group of United Nations human rights experts criticized one
North American country for issuing a notice to appear at deportation proceedings to a
Mexican woman who was at the forefront of a campaign against the alleged ill-treatment of
migrant detainees in that country; a step that appeared to have been related to her advocacy
work. The experts also expressed concern that her treatment appeared to be part of “an
increasing pattern of intimidation and retaliation against people defending migrants’
rights.30 In one European country, the authorities once issued a threat to prosecute, under
their Foreigners Law, politicians who had spoken in support of a 15-year-old migrant girl
who had been provided with sanctuary by a Catholic priest.31
Prosecution or suppression of persons who participate in or support protests on board
aircraft in solidarity with irregular migrants about to be deported
17.
On March 2017, a group of 15 activists prevented a secretive chartered deportation
flight by chaining themselves to the plane and lying on the tarmac for over 10 hours. The
activists were charged with various crimes, including aggravated trespass and the terrorismrelated offence of endangering airport security, which carry a maximum of life
imprisonment. Their trial started on 14 March 2018 at a criminal court and is expected to
take a long time.32 Prosecutions for such protests have also been undertaken in other
European countries. It is noteworthy that although many of the persons prosecuted in the
instances recounted in the paragraphs above were eventually acquitted by higher courts in
the countries at issue, they were still subjected to the considerable rigours and anxieties of
being temporarily criminalized and forced to defend themselves in the law courts,
sometimes at great personal expense.
18.
It should also be observed that the practice of criminalizing or suppressing those
who offer humanitarian assistance to irregular migrants and refugees is usually authorized
under the domestic laws and practices of the countries at issue. As regards the “offence” of
assisting entry into a country, in a recent study, it was reported that in four of the six
countries assessed, assisting the entry of irregular migrants into any of their territories could
attract criminal sanctions, even if it was not done for gain.33 With regard to assisting the
stay of irregular migrants in a given country, the study also found that this activity was
punishable or otherwise sanctioned under the laws of all the six countries assessed, except
that in four of them, to be punishable, such assistance must have been for financial gain.
That is an element of the offence that could perhaps shield those who render humanitarian
assistance to irregular migrants from being convicted, although it would not necessarily
prevent their arrest and prosecution.34 The Independent Expert’s review of domestic
legislation around the world indicates that the position of the law with regard to criminal or
regulatory liability for assisting the entry or stay of irregular migrants appears to be similar
in many other European countries, as well as in most of Africa, Asia and Latin America. 35
With regard to renting housing to irregular migrants, the Independent Expert’s global
review of national laws suggests that this activity is also criminalized or otherwise
suppressed by law in a large number of countries around the world.
19.
Importantly, some European countries have introduced humanitarian exceptions to
their anti-smuggling and other immigration laws and have thus decriminalized most forms
of the expressions of solidarity with irregular migrants. For example, in 2012 France passed
legislation that exempts specific family members of irregular migrants from prosecution
30
31
32
33
34
35
6
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22657&LangID=E.
See Liz Fekete, “Europe: crimes of solidarity”.
Frances Webber. “Institute of Race Relations.” Interview, 8 March 2018.
See M. Provera, “The criminalization of irregular migration in the European Union”, Centre for
European Policy Studies paper in Liberty and Security in Europe, No. 80 (February 2015).
Ibid.
See also Andreas Schloenhardt, “Trafficking in migrants in the Asia-Pacific: national, regional and
international responses”, Singapore Journal of International and Comparative Law, vol. 5 (2001).
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