A/HRC/35/25/Add.3 worker visas. While the Special Rapporteur welcomes the fact that temporary protection visas and safe haven enterprise visas provide access to work rights and a range of key services in the Australian economy, these visas do not offer a long-term solution for asylum seekers. In addition, applications for temporary protection visas need to be lodged on a regular basis and the uncertainty contributes to anxiety and mental distress. This two-tier system, with differentiations in the rights enjoyed by those on full protection visas and those on temporary protection visas, is discriminatory. 95. The Special Rapporteur was informed of the exploitation of migrants on working holiday visas, and of asylum seekers on bridging visas, by employers in Australia. They are made to work long hours and are paid wages that are below the legal minimum in Australia, often in the construction, agricultural and hospitality industries. Temporary work visas may therefore serve to increase the vulnerability of migrant workers. C. Xenophobic speech and discriminatory acts 96. One in every two Australians was either born overseas or has a parent who was born overseas. The Special Rapporteur welcomes the country’s commitment to multiculturalism. 97. At the same time, one in five Australians has experienced race-hate speech and one in twenty has been physically attacked because of their race. 5 Xenophobia and hate speech have increased, creating a significant trend in the negative perceptions of migrants. Politicians who have engaged in this negative discourse seem to have given permission to many to act in xenophobic ways and have allowed for the rise of nationalist populist voices. 98. While migrants who arrive in countries of destination without documents may be in an “irregular” or “undocumented” or “unauthorized” situation, they have not committed a criminal act. A human being cannot be intrinsically “illegal”, and naming anyone as such dehumanizes that person. The conceptualization of irregular migrants as “illegals” has undoubtedly played into the criminalization of migrants and thus into the use of immigration detention. 99. Australia must strengthen efforts to fight xenophobia, discrimination and violence against migrants, in acts and speech. Section 18 (c) of the Racial Discrimination Act sets the tone of an inclusive Australia committed to implementing its multicultural policies and programmes, and to respecting, protecting and promoting the human rights of all: committing to section 18 (c) is essential, and, if interpretation issues arise, they should be left to the judiciary. VII. Conclusions and recommendations 100. In conclusion, the best way of ensuring the legitimacy of laws, policies and practices is to have their conformity with human rights standards assessed by courts and ultimately by the High Court of Australia. The Australian authorities should consider the adoption of a constitutional guarantee of human rights, an Australian bill of rights, or at least a legislative guarantee of human rights — a human rights act — with a clause of precedence over all other legislation. Such guarantees could be invoked by anyone, citizen or foreigner, whose rights are threatened by a decision of Australian authorities, at any time, before any court of law or tribunal. This would provide better protection for the rights of all, regardless of their status. 101. Australia must also develop and implement a human rights-based approach to migration and border management, ensuring that the rights of migrants, including irregular migrants, are always the first consideration. 5 18 Andrew Markus, Mapping Social Cohesion 2016: National Report, available from http://scanlonfoundation.org.au/wp-content/uploads/2016/11/2016-Mapping-Social-Cohesion-ReportFINAL-with-covers.pdf.