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. 6

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