A/HRC/32/50 social origin, economic status, birth or any other social condition. The Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador) obliges States parties to guarantee economic, social and cultural rights without discrimination of any kind on the grounds of national or social origin (art. 3). 17. The Inter-American Commission on Human Rights has noted that xenophobia emerges more acutely in societies in the region that receive foreign workers and are already stratified along racial and ethnic lines. The jurisprudence of the Inter-American Court of Human Rights has emphasized that regional human rights protections are important for migrants who may be victims of xenophobia and its manifestations, and has underscored the vulnerability of irregular migrants and the need for governments to take special measures to ensure their protection.11 In its 2003 advisory opinion on the juridical condition and rights of undocumented migrants, the Inter-American Court of Human Rights advised that all non-citizens, regardless of their status or their migratory situation, were entitled to the enjoy the right to non-discrimination and equality as citizens. 18. The Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance explicitly prohibits States parties from adopting any national security measures that are directly or indirectly discriminatory (art. 8). This Convention, which was adopted in 2013, is yet to come into force, as none of the signatories have ratified it to date. The Latin American Parliament has passed a law that obliges States to adopt measures to prevent xenophobia, protect the rights of workers regardless of immigration status, and guarantee the political, social and cultural rights of migrant workers and their families. This legislation is not binding on member States until it is transposed to the national level.12 The Special Rapporteur recommends that member States adopt these instruments. (b) Africa 19. The African Charter on Human and Peoples’ Rights 13 stipulates in article 2 that “every individual shall be entitled to the enjoyment of the rights and freedoms… without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status”. Additionally, article 28 provides that “every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance”, thus promoting solidarity within societies. 20. Article 4 of the Convention Governing the Specific Aspects of Refugee Problems in Africa (1969 OAU Convention) provides that the provisions of the Convention shall apply to “all refugees without discrimination as to race, religion, nationality, membership of a particular social group or political opinions”. The African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention) prohibits discrimination against internally displaced persons “in the enjoyment of any rights or freedoms on the grounds that they are internally displaced persons”. 14 The Kampala Convention also requires States parties to prevent arbitrary displacement by preventing 11 12 13 14 Inter-American Court of Human Rights, Nadege Dorzema v. Dominican Republic (official summary), 24 October 2012. Latin American Parliament, Proyecto de ley marco sobre migración en América Latina y el Caribe: trabajadores, familias y grupos vulnerables (arts. 4, 5, 6, 10, 11 and 15). Available from http://www.parlatino.org/es/proyecto-leyes-marcos (accessed on 10 May 2016). Available from www.achpr.org/instruments/achpr (accessed on 10 May 2016). See art. 9. 7