A/HRC/44/42 D. Challenges faced by civil society organizations and individuals that work on migration and migrant rights 1. Toxic narratives and criminalization of civil society organizations that work with migrants 66. In the past several years, a toxic narrative around the role of civil society organizations that provide humanitarian assistance or other services to migrants has taken root in many countries, propelled, among others, by nationalist politicians and far-right groups and media, stating that these organizations act as a pull factor for undocumented migrants. This narrative paints these organizations as inciting, aiding and abetting irregular migration, smuggling or even terrorism. 31 Some civil society organizations that work with migrants have been accused of acting as a pull factor for migrants and assisting smuggler networks, including by government officials in public. 67. This narrative has been able to take hold partly because of the criminalization of migration. Although the act of seeking asylum is lawful and crossing borders without authorization should be considered an administrative infraction at the most, the word “illegal” is commonly used to label asylum seekers, undocumented migrants or others in irregular situations.32 Once the act of migration is tarred as a crime, it is easy to label any group assisting these “criminals” as acting illegally itself. 68. These smear campaigns have created a hostile environment for groups providing services to migrants, and have a significant negative effect on fundraising, recruitment and the psychological well-being of civil society organization staff and volunteers. Most devastatingly, these toxic narratives set the stage for the passage or usage of laws that criminalize humanitarian acts or erect administrative obstacles against the work of these organizations, effectively censuring acts that embody the principles and values of humanity and civility. 69. Laws related to smuggling, trafficking, counter-terrorism, improper disposal of waste, trespassing, facilitation of entry and transit and facilitation of residence and stay and many others have been misused to ensnare providers of humanitarian services to migrants. Activities that have been criminalized in various countries include the provision of assistance in seeking asylum or information related thereto, search and rescue missions, and the provision of humanitarian aid. Some civil society organizations have reported that even activities such as providing food, water, medical supplies and shelter along migratory routes have been criminalized. In Europe alone, between 2015 and 2019, at least 158 individuals were investigated or formally prosecuted on grounds related to their migration work or aid to migrants. 33 Many civil society organizations were affected by the criminalization or investigations of their volunteers. 70. Anti-smuggling and anti-trafficking laws are sometimes misused against civil society organizations that work with migrants. Within the European Union, Council Directive 2002/90/EC of 28 November 2002 defining the facilitation of unauthorized entry, transit and residence and its accompanying framework decision (2002/946/JHA) oblige member States to punish anyone who assists a person to enter or stay irregularly in the territory of a member State. Not all European Union countries have introduced humanitarian exceptions for humanitarian assistance without criminal intent or profit motive. Some countries introduced narrow definitions of humanitarian exemptions, leaving many humanitarian actors without protection. Moreover, several States have established extraordinarily harsh penalties for the criminalized behaviour. In Greece, for example, the 31 32 33 12 Carla Ferstman, “Using criminal law to restrict the work of NGOs supporting refugees and other migrants in the Council of Europe Member States” (Expert Council on NGO Law of the Conference of INGOs of the Council of Europe, December 2019), para. 20. Ibid., para. 63. Lina Vosyliūtė and Carmine Conte, “Crackdown on NGOs and volunteers helping refugees and other migrants: final synthetic report”, Research Social Platform on Migration and Asylum, June 2019, p. 25. Available at www.resoma.eu/sites/resoma/resoma/files/policy_brief/pdf/Final%20Synthetic%20Report%20%20Crackdown%20on%20NGOs%20and%20volunteers%20helping%20refugees%20and%20other %20migrants_1.pdf.