A/HRC/37/51
of people on the move; they may not even be aware that they are acting as human rights
defenders. What this broad and diverse group has in common is the exercise of peaceful
activities to address the situation of people on the move.
14.
While States have the sovereign right to determine their migration policies, this right
is constrained by the obligations voluntarily assumed by States under international human
rights law. Although a diverse array of international agreements apply to certain, widely
recognized groups, such as refugees and migrant workers, all people on the move and their
allies share the same universal human rights articulated in the Universal Declaration of
Human Rights. International human rights law prohibits discrimination on the basis of
nationality; the treaty bodies responsible for the interpretation and supervision of the core
instruments of the international human rights regime have issued clear guidance that the
rights articulated in the treaties apply without discrimination between citizens and noncitizens and, by extension, should be enjoyed by all people on the move. Where limitations
are allowed to the rights of people on the move, international human rights law requires that
such restrictions be in response to a pressing public or social need, pursue a legitimate aim,
and be proportionate to that aim. All too often, restrictions on the rights of people on the
move to defend their rights, or on human rights defenders defending their rights, fail one or
more of these requirements.
15.
Some people on the move also benefit from rights accorded by virtue of the cause of
their movement or other categories into which they fall. The former includes refugees,
stateless persons, migrant workers (and family members), internally displaced persons and
victims of smuggling or trafficking. The latter categories include women, children, racial
groups and persons with a disability. These rights are articulated in international and
regional treaties, and are also increasingly recognized as customary international law.
16.
While many of the standards relative to the rights of people on the move and
defenders of people on the move are international, important work has been done by
regional organizations. Regional treaties have frequently expanded the protections offered
by international instruments, notably with respect to refugees and internally displaced
persons. In addition, regional human rights institutions have played an important role in
articulating developments in customary international law. In this respect, the InterAmerican Court of Human Rights and the Inter-American Commission on Human Rights
have issued landmark decisions with respect to the rights of undocumented migrants. The
International Labour Organization has also played a key role in developing international
instruments addressing particular sectors of employment in which migrant labour is
frequently exploited, most recently in its Domestic Workers Convention (2011) (No. 189),
and in articulating global standards on the rights of irregular migrants.
17.
As in international human rights law more generally, the rights outlined in the
Declaration on Human Rights Defenders, including the core freedoms of assembly,
expression and association, similarly apply to all individuals. In the first paragraph, the
Declaration reaffirms the importance of the observance of the purposes and principles of
the Charter of the United Nations for the promotion and protection of all human rights and
fundamental freedoms for all persons in all countries of the world. Under the Declaration,
human rights defenders of all backgrounds and working on all issues have the right freely to
discuss and participate in the negotiation of emerging frameworks and to interact with
national and international human rights institutions. International human rights law requires
States to respect, protect and fulfil the rights of defenders. The importance of the right to
defend the human rights of people on the move was recently reaffirmed in the report on
principles and practical guidance on the protection of the human rights of migrants in
vulnerable situations (A/HRC/37/34); according to principle 18, States must “respect and
support the activities of human rights defenders who promote and protect the human rights
of migrants”.
18.
An important recent development in the normative framework concerning people on
the move is the aforementioned New York Declaration. The international community is
currently negotiating two global compacts, on refugees and on safe, orderly and regular
migration. These international instruments will seek to consolidate international obligations
to people on the move and to develop more comprehensive, coordinated responses to the
challenges that mass migration poses for both States and people on the move.
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