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).