A/HRC/44/42
(i)
Provide accessible information for migrants, including in countries of
origin prior to their departure, on their right to freedom of association, and provide
assistance services for migrants with vulnerabilities, including migrant women and
domestic migrant workers, to ensure that they can better understand their right to
freedom of association and navigate relevant processes and procedures more
effectively;
(j)
Strengthen civil space and create an enabling environment for civil
society organizations, including those working on migration and migrants’ rights
issues. While the formation of an association with legal personality may require
certain formalities, rules on association should facilitate the registration, work and
funding of civil society organizations, the process should be simple, practical and free
from undue State restrictions and interference. Registration procedures should also
be accessible to migrants, including those in an irregular situation;
(k)
Provide accessible information for migrants on existing migrant
associations and civil society organizations that can provide them with advice or
assistance;
(l)
Ensure that criminal justice laws are not misused to punish migrationrelated humanitarian acts or to harass civil society organizations that work with
migrants;
(m) Guarantee that administrative and law enforcement officials are
adequately trained with regard to the respect of the right of migrants, including those
in an irregular situation, to freedom of association, particularly in relation to their
specific protection needs;
(n)
Ensure that migrants’ visa or residence permits are not linked to
individual employers and that a migrant’s authorization to remain in the country of
destination is not tied to his or her employer’s good will, as a means to safeguard
migrant workers’ right to freedom of association;
(o)
Ensure migrants’ work visa or permits are issued with no effective
restrictions on the migrant workers’ right to freedom of association, including to form
and join trade unions;
(p)
Ensure that all legislation concerning smuggling and trafficking has
humanitarian exemptions applicable to persons and organizations that conduct
humanitarian assistance or provide aid to migrants without criminal intent;
(q)
Limit immigration detention to the shortest possible period of time when
it is resorted to as an exceptional measure, while ensuring that migrants held in
detention have open and confidential access to visitors and telephone calls and that
sufficient private spaces are available within detention facilities.
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