A/HRC/38/52
groups. In these cases, racial discrimination continues to be the foreseeable effect of
overbroad national security policy that is not proportionately tailored to achieve legitimate
national defence requirements.
58.
Whereas some groups are at heightened risk of losing citizenship and immigration
status due to national security machinery and anxiety, these groups are also systematically
barred from naturalization or regularizing their immigration status for similar reasons. A
disturbing example is the application of clandestine reviews and internal checks that use
unreliable methods to designate persons belonging to specific religious ethnic groups as
inherent national security threats, thereby barring or delaying their naturalization.92
59.
For a detailed analysis of the racial discrimination and intolerance targeting nonnationals and driven by national security and terrorism fears, the Special Rapporteur refers
the Council to the 2017 reports of her predecessor, which also canvass the applicable
international human rights law.93
C.
Economic scapegoating of non-citizens
60.
The economic effects of globalization have included escalating inequality. The
continuing impact of the 2008 global financial crisis, for example, includes austerity
measures that have impoverished many around the globe. Previous holders of this mandate
have highlighted “the direct relationship between the increase in economic disparity and the
increase in xenophobic and populist parties”.94 The resulting economic marginalization of
large sectors of national populations continues to facilitate toxic scapegoating, in which
migrants, refugees and other non-nationals bear the blame for the economic failures of
Governments and the global neoliberal order. To make matters worse, opportunistic political
leaders and extremist groups continue to use economic fears to justify punishing restrictions
on the human rights of migrants. The Government of Israel, for example, has vowed to expel
refugees and migrants whom it has labelled “infiltrators”, “economic opportunists” and
“criminals”.95 In Greece, refugees from so-called “undesirable” countries in North Africa and
South Asia are being singled out, detained and put through fast-track asylum procedures
before being returned to Turkey.96
61.
The Special Rapporteur wishes to highlight that, especially with respect to refugees,
the countries and Governments that have had the most racist and xenophobic responses to
involuntary displacement in Europe, North America and Australasia in particular are not the
countries that currently shoulder the primary economic implications of refugee admissions.
In 2016, UNHCR reported that 84 per cent of the world’s refugees under the UNHCR
92
93
94
95
96
18
For example, the American Civil Liberties Union has argued that the United States Controlled
Application Review and Resolution Program uses unreliable methods of determining national security
threats and often equates the practice of Islam and Muslim religious observance with terrorism. See
Jennie Pasquarella, Muslims Need Not Apply (American Civil Liberties Union of Southern California,
August 2013). Available at www.aclusocal.org/sites/default/files/carrp-muslims-need-not-apply-aclusocal-report.pdf.
See A/HRC/35/41, paras. 52–96; A/72/287, paras. 11–57.
See A/HRC/35/41, para. 48.
See OHCHR, “Israel: UN experts urge immediate halt of plans to deport Eritrean and Sudanese
nationals”, 1 March 2018. Available at
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=22741&LangID=E. See also
Ruth Eglash and Loveday Morris, “Q&A with Israel’s Interior Minister Aryeh Deri: plan to deport
thousands of Africans is not about race”, Washington Post, 7 February 2018. Available at
www.washingtonpost.com/news/worldviews/wp/2018/02/07/refugees-or-illegal-migrants-israelsplan-is-to-deport-them-by-force/?utm_term=.5d917cd434f8; A/HRC/22/67 and Corrs.1 and 2, p. 24
(ISR 8/2012).
See Eleni Koutsaraki, “The indefinite detention of undesirable and unreturnable third-country
nationals in Greece”, Refugee Survey Quarterly, vol. 36, No. 1 (March 2017); Amnesty International,
“Greece: lives on hold. Update on situation of refugees and migrants on the Greek islands”, 14 July
2017. Available at www.amnesty.org/download/Documents/EUR2567452017ENGLISH.PDF.