A/HRC/13/60
39.
Several delegates emphasized that the human rights of migrants were not
conditioned by the entrance and status of those migrants. It was stressed that the limitation
of the human rights of migrants was contrary to international human rights instruments,
generated additional distinctions, and fostered negative stereotypes, among others. It was
noted that legislation that penalized and criminalized migrants triggered further
discrimination. Repressive policies increased the price of trafficking. It was emphasized
that repatriation of migrants should be safe. It was also highlighted that for effective
measures in the realm of migration, the active involvement of countries of origin, transition
and destination was needed.
40.
A delegate speaking on behalf of a regional group emphasized the importance of
national plans of action and noted that they could strengthen the protection of migrant
workers.
41.
A delegate speaking on behalf of a regional group noted that it was important to
strengthen the rule of law, to eliminate xenophobic practices, to elaborate administrative
measures and to establish independent human rights institutions, and among others, to
effectively address issues pertaining to migration.
42.
A participant noted that it was important not only to diagnose the problems of
migration, but also to find solutions. The need for increased attention on the mental health
of migrants was highlighted.
43.
Another participant pointed out the need to foster institutional dialogue between
OHCHR, the International Organization for Migration and UNHCR, among others, on the
different aspects of migration. The necessity for a broadened consideration of best practices
in the area of migration was emphasized.
44.
Anja Klug, senior legal officer at UNHCR, emphasized that racism and
discrimination had always been among the primary root causes of forced displacement. It
was noted that hate crimes were at the heart of persecution and at the end of a spectrum,
starting with hidden as well as institutionalized discrimination, incitement to hatred, verbal
and physical abuse; genocide was at the extreme end of the spectrum. It was pointed out
that the right to seek and enjoy asylum from such forms of persecution must be ensured.
45.
The panellist noted that in the last years, racism, xenophobia and discrimination
against asylum-seekers and refugees had increased; that increased their trauma and
decreased their chances of integrating into their new societies. It was pointed out that the
global financial crisis also led to an increase in xenophobia and related intolerance.
46.
Ms. Klug pointed out that due to that increase, there were more restrictive asylum
policies: it was more difficult for refugees to have their economic and social rights realized
and it was more difficult for UNHCR to find resettlement countries for refugees from
certain regions. It was noted that the negative trend had led to an increase in violent attacks,
including hate crimes, against asylum-seekers and refugees.
47.
The panellist emphasized the importance of working in partnerships on all fronts,
including collaborating with human rights mechanisms, regional organizations, national
associations, launching awareness-raising campaigns and activities, developing specific
projects and arranging meetings in safe places where people could discuss challenges and
look for sustainable solutions.
48.
Ms. Klug mentioned that protection for all people on the move was an approach
where human rights are the cornerstone. It was pointed out that there was a need to move to
a rights-based approach. It was mentioned that there had been a debate on the need to think
more broadly about people on the move and their different protection needs.
8
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