A/HCR/41/44 Prosecution or suppression of humanitarians who assist irregular migrants with transportation within a country 9. This humanitarian activity frequently attracts the ire of many States. In 2005, two young volunteers working with a North American humanitarian advocacy group, No More Deaths, were charged with transporting and conspiring to transport “in furtherance of an illegal presence.”11 Those are felony charges that could potentially lead to a sentence of 15 years in prison and charges arose from the volunteers driving three migrants who were ill to a medical clinic.12 In one European country, despite their humanitarian motives, several citizens have been charged with violating immigration laws, and convicted (at least during their trials at the courts of first instance), after driving migrants to a railway station, or helping them to get on boats.13 Prosecution or suppression of humanitarians who provide the necessities of life to irregular migrants 10. In one North American country, humanitarian groups, such as the one mentioned above, have for years provided the basic necessities of life, like water, food and medical assistance, to irregular migrants within the southern border.14 Such groups have often been confronted with efforts to intimidate and/or criminalize them. 15 Other examples of this type of response to mass migration are provided by the professional and administrative measures taken against members of the medical profession in one European country for providing medical assistance to irregular migrants.16 Prosecution or suppression of humanitarians who rent accommodation to irregular migrants 11. Like other forms of the criminalization or suppression of the expression of solidarity to irregular migrants, humanitarian groups or individuals who rent accommodation to such migrants have suffered threatened or actual prosecutions at the hands of their Governments. For example, one study has shown that this type of action is criminally punishable and is actually punished in some form in some European countries. 17 However, the criminalization of such conduct appears to be less common outside Europe. A few countries in South-East Asia and the Middle East also require anyone who provides accommodation to foreigners to keep records and notify the authorities, failing which administrative and criminal penalties can arise.18 Some entities and cities in one North American country also have legislation penalizing and even jailing individuals for renting apartments to irregular migrants. 19 Prosecution of religious authorities, NGOs and others who provide housing or sanctuary to irregular migrants 12. In one North American country, the prosecution of churches, humanitarian groups or individuals who offer sanctuary or a place of safety to irregular migrants facing capture or 11 12 13 14 15 16 17 18 19 4 See Maria Lorena Cook, “Humanitarian aid is never a crime: humanitarianism and illegality in migrant advocacy”, Law & Society Review, vol. 45, No. 3 (September 2011). Ibid. See Liz Fekete, Francesca Webber and Anya Edmond-Pettitt, “Humanitarianism: the unacceptable face of solidarity”, p. 53. See Andrew Burridge, “Differential criminalization under operation streamline: challenges to freedom of movement and humanitarian aid provision in the Mexico-US borderlands”, Refuge, p. 83. See Kristina M. Campbell, “Humanitarian aid is never a crime: the politics of immigration enforcement and the provision of sanctuary”, Syracuse Law Review, vol. 63 (2012). See Liz Fekete, “Europe: crimes of solidarity”. See European Union Agency for Fundamental Rights, “Criminalization of migrants in an irregular situation and of persons engaging with them” (March 2014). This information was gleaned from a survey of the domestic immigration laws of these States. See National Commission on Fair Housing and Equal Opportunity, “The future of fair housing” (December 2008), p. 49.