A/HRC/44/42
democratic rule of law principles and societal trust and cohesion. 52 Laws and practices
aimed at restricting the civil society organization sector generally will impede any such
organization from providing services to migrants. Likewise, laws and practices targeting
civil society organizations that work with migrants may have the effect of shutting down
space for other humanitarian or human rights groups.
82.
Moreover, the wave of crackdowns on civil society organizations that work with
migrants has risen at the same time that Governments increasingly abnegate their
responsibilities to provide humanitarian assistance to migrants. 53 Commonly, the
Governments that are restricting civil society organizations from providing services to
migrants are the same ones that are taking punitive, hostile and security-oriented
approaches towards migrants, especially migrants who are undocumented or in irregular
situations. Thus, migrants, including asylum seekers, are left without any assistance in often
overly complicated legal proceedings or in increasingly risky transit situations.
83.
This crackdown on civil society organizations that work with migrants, particularly
combined with States scaling back their services, has had a profound effect on the safety
and rights of migrants, endangering their rights to life, to seek asylum, information and
humanitarian assistance, to other basic services such as legal assistance, housing and
education, and to enjoy protection from human traffickers and smugglers. Civil society
organizations also report that they hesitate to engage in what they now view as risky
operations such as providing humanitarian services to migrants on the border, for fear of
being accused of smuggling-related crimes. Death rates of migrants at sea increased
ninefold between 2015, when the crackdown began on such organizations providing search
and rescue operations in the Mediterranean, and 2018.54 Migrants, especially those being
held in detention camps and centres, have great difficulty accessing robust legal services,
sometimes resulting in erroneous fast-tracked deportations. Civil society organizations in
many countries are forced to provide fewer humanitarian services to vulnerable migrants,
which increases the danger and trauma of their transit and stay. Certain barriers have made
it more difficult for civil society organizations to provide full information to migrants,
which in turn decreases migrants’ ability to make informed decisions about their lives. The
reduced access such organizations have to migrants in detention means that they are less
able to assist migrants with their health, communication or other needs. Indeed, the
reduction of human rights monitors at many detention centres and at borders results in
violations against migrants going unreported and unaddressed. This leads to an
environment where officials working with migrants may be emboldened to mistreat them
with impunity.
84.
The lack of trust that migrants and civil society organizations that work with them
may have for officials as a result of these crackdowns can affect services provided to
migrants in indirect ways. For instance, in one country, it is reported that many migrants
prefer to sleep outdoors rather than in shelters given that local authorities are obliged to
report migrants in an irregular situation. 55 In another country, concerns about such
organizations’ potential obligations to share data with government officials about migrant
clients may result in less data collection, which has consequences for funding and for
monitoring their work.
85.
Moreover, where civil society organizations step back from provision of services to
migrants because of fear of the legal consequences or harassment, criminal groups and
traffickers step in. This subjects migrants to an increased risk of torture, slavery and other
severe human rights violations56 and increases the criminal element within a State’s borders.
Overall, the reduction in humanitarian and human rights services available to migrants and
52
53
54
55
56
16
European Parliament, Fit for Purpose?, p. 10; Vosyliūtė and Conte, “Crackdown on NGOs and
volunteers helping refugees and other migrants: policy option brief”, p. 23.
Ferstman, “Using criminal law to restrict the work of NGOs supporting refugees and other migrants
in the Council of Europe Member States”; Lina Vosyliūtė, “Is ‘saving lives at sea’ still a priority for
the EU?”, Heinrich Böll Stiftung, 19 April 2018.
Vosyliūtė, “Is ‘saving lives at sea’ still a priority for the EU?”. See also
https://data2.unhcr.org/en/situations/mediterranean (last accessed 2 February 2020).
European Parliament, Fit for Purpose?, p. 94.
Ibid., p. 95.