A/HRC/37/34 Key term Definition individuals who work with or on behalf of migrants, including those who provide search and rescue services, legal advice and representation and humanitarian assistance to migrants. Immigration detention In these principles and guidelines, “immigration detention” includes any deprivation of liberty for the purposes of border governance and migration governance. Deprivation of liberty refers to any form of detention or imprisonment or the placement of a person in a public or private custodial setting which that person is not permitted to leave at will either by virtue of an order given by a public authority or at its instigation or with its consent or acquiescence.28 Large movement “Whether a movement is characterized as ‘large’ depends less on the absolute number of people moving than on its geographical context, the receiving States’ capacities to respond and the impact caused by its sudden or prolonged nature on the receiving country.”29 “‘Large movements’ may be understood to reflect a number of considerations, including: the number of people arriving, the economic, social and geographical context, the capacity of a receiving State to respond and the impact of a movement which is sudden or prolonged. The term does not, for example, cover regular flows of migrants from one country to another.”30 Migrant International migrant (migrant) refers to “any person who is outside a State of which they are a citizen or national, or, in the case of a stateless person, their State of birth or habitual residence”.31 There is no universal and legal definition of “migrant”. Throughout the principles and guidelines, the term “migrant” refers to migrants in vulnerable situations. 32 The term “migrants in vulnerable situations” does not include refugees, and is without prejudice to the protection regimes that exist under international law for specific legal categories of nonnationals, including refugees, asylum seekers, stateless persons, trafficked persons and migrant workers. Migrant worker 28 29 30 31 32 33 A person who is to be engaged, is engaged or has been engaged in a remunerated activity in a State of which he or she is not a national.33 Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, art. 4 (1) and (2). See A/70/59, para. 11. New York Declaration for Refugees and Migrants, para. 6. See OHCHR, Recommended Principles and Guidelines chap. I, para. 10. UNHCR consistently distinguishes between refugees and migrants, both to be clear about the causes and character of refugee movements and to keep in view the specific entitlements of refugees in international law. For an explanation of the term “migrants in vulnerable situations”, see the introduction. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, art. 2. See also the Migration for Employment Convention (Revised), 1949 No. 97, art. 11 and the Migrant Workers (Supplementary Provisions) Convention, 1975 No. 143, art. 11. 9