A/65/295 of their perceived ethnic origin. He stated that it was part of a disturbing pattern of legislative activity hostile to immigrants. 40. The Special Rapporteur underlined that the Arizona immigration law required State law enforcement officers to determine the immigration status of individuals based just on a “reasonable suspicion” that they were in the country illegally, and to arrest a person, without a warrant, if the officer had “probable cause” to believe the person was an illegal alien. The law also makes it a crime to be in the country illegally and dictates that undocumented persons are guilty of trespassing. The immigration law specifically targets day labourers, making it a crime for an undocumented migrant to solicit work, and for any person to hire or seek to hire an undocumented migrant. The Special Rapporteur noted that the law may lead to detaining and subjecting to interrogation persons primarily on the basis of their perceived ethnic characteristics. As such, in Arizona, persons who appear to be of Mexican, Latin American, or indigenous origin are especially at risk of being targeted under the law. Expressing concern about the sweeping language of Arizona’s immigration law, which raises serious doubts about the law’s compatibility with relevant international human rights treaties to which the United States is a party, the Special Rapporteur stressed that all States were required to respect and ensure the human rights of all persons subject to their jurisdiction, without discrimination. 41. While recognizing the prerogatives of States to control immigration and to take appropriate measures to protect their borders, the Special Rapporteur nonetheless emphasized that such actions had to be taken in accordance with fundamental principles of non-discrimination and humane treatment. He therefore urged the State of Arizona and the Government of the United States to take all necessary measures to ensure that the immigration law was in line with international human rights standards, and to devise and carry out any mechanism to control migration with due regard for the right of individuals to be free from discrimination. 42. On 30 June 2010, the Special Rapporteur addressed the specific situation of refugees and asylum-seekers in a statement delivered at a session on xenophobia organized within the framework of the Office of the United Nations High Commissioner for Refugees annual consultations with non-governmental organizations in Geneva, Switzerland. 8 43. On that occasion, the Special Rapporteur recalled that refugees and asylumseekers are among the most vulnerable groups of people. Refugees and asylumseekers flee from their country to avoid armed conflicts, natural disasters and human rights violations, including racism, racial discrimination, xenophobia and related intolerance. In that regard, the 2001 Durban Declaration recognized with concern that those scourges contributed to forced displacement and the movement of people from their countries of origin as refugees and asylum-seekers. 9 44. Once in host countries, refugees and asylum-seekers often face further major human rights challenges, including racism and xenophobia. For instance, they may encounter racial discrimination in the enjoyment of their civil, cultural, economic, political and social rights, notably in the areas of education, health, housing, __________________ 8 9 10-48481 Available from http://www2.ohchr.org/english/issues/racism/rapporteur/docs/ SR_Racism_UNHCR_Session_Xenophobia_30_06_2010.pdf A/CONF.189/12 and Corr.I, chap. I, para. 52. 11