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officials or, in some instances, from institutionalized racist and xenophobic
practices, which are contrary to international law and human rights norms.
32. The Special Rapporteur wishes to stress that profiling of immigrant
communities and their purported association with criminal activities clearly contrast
with principles of human dignity and the prohibition of discrimination. 11 Profiling
also disproportionately affects migrant communities, making them a target of mass
identity checks, raids on homes, businesses and religious sites in the absence of
specific evidence. Information received by the Special Rapporteur indicates that in
some instances law enforcement officials have been tasked with rounding up and
deporting foreigners in order to meet nationally set targets. The Special Rapporteur
has also been informed that these practices sometimes target individuals from
specific nationalities because repatriation costs are lower to certain countries.
33. From a due-process-of-law perspective, migrant profiling is highly detrimental
as the very use of profiling defeats the presumption of innocence. The use of ethnic
profiling, wittingly or not, contributes to a growing sense of marginalization of
minority and immigrant communities, labelling entire racial, ethnic or religious
groups as more likely to commit crimes and thereby signalling to the broader
society that all members of that group constitute a threat. This is conducive to the
creation of an environment of mistrust, ethnic or racial hatred, racism, racial
discrimination, xenophobia and related intolerance, which, in some instances,
contributes to the alienation or segregation of entire migrant communities.
34. The Special Rapporteur is informed about the several obstacles to determine in
practice if a police action is conducted for immigration or law enforcement purposes
when profiling is used, and regrets that States are not sufficiently measuring the
impact of their adopted policies. Information gathered by the Special Rapporteur
indicates that profiling is widespread and, in some instances, institutionalized and
that Governments are not collecting appropriate data in this connection. He also
observes with dismay that in some instances law enforcement authorities disclose
statistical information on crime that fails to distinguish between immigration
offences and other offences. In addition, statistics on stops and searches fail to
distinguish between immigration control and crime. This lack of distinction
misleads the general public and nurtures a distorted image of widespread criminality
among foreigners and migrant communities. He also regrets that gender
considerations sometimes exacerbate the use of profiling, for example when
anti-trafficking initiatives aimed to prevent the movement of women or immigration
restrictions target men from specific nationalities. Other issues of deep concern
include the retention of information, such as biometric data, with no regard for the
right to privacy.
B.
The impact of the criminalization of migration on specific groups
35. The Special Rapporteur notes with concern that the criminalization of irregular
migration has particularly negative implications for the protection of human rights
of specific groups. He further notices that the reasons that may prompt persons to
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11
10
See A/HRC/4/26, paras. 36 and 40-42. See also Alex Conte, Human Rights in the Prevention and
Punishment of Terrorism: Commonwealth Approaches: The United Kingdom, Canada, Australia
and New Zealand, Berlin and New York, Springer, 2010.
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