A/HRC/44/42
borders. 39 Particularly troubling are reports that migrant leaders of civil society
organizations that work with migrants have been targeted for detention and deportation as a
way of interfering with the work of their organization and dissuading other migrants from
organizing. For example, in 2018 the co-founders of a migrant civil society organization
were detained within days of each other and one was deported. Although both men had
long been permitted to live and work legally in the country where they were residing,
human rights defenders who have accompanied migrants on their journeys across State
borders or to ports of entry have been attacked, arrested, interrogated and threatened by
police or other government officials at the border. 40 Government officials from various
countries have publicly attacked organizations and advocates that work on migrationrelated issues.41
75.
Harassment has also come from private individuals, including reported instances of
office invasion and vandalization, hate mail, cyberattacks, street harassment or even
physical attacks. Some of these attacks stem from anti-migrant groups who are incited by
toxic narratives painting civil society organizations that work with migrants as traffickers or
national security threats; some may come from traffickers themselves who have a financial
interest in migrants remaining vulnerable. In places where such organizations also feel
under threat from government authorities, many such instances of harassment or attacks
from private individuals go unreported to law enforcement.
3.
Administrative and financial barriers faced by civil society organizations that work
with migrants
76.
In addition to criminalization and campaigns of intimidation against civil society
organizations that work with migrants and migrant human rights defenders, some countries
have begun to erect administrative barriers obstructing the work of persons and groups
providing services to migrants. In some cases, civil society organizations that work with
migrants have been given just a few days to register with the relevant ministry or risk being
banned from operations. 42 Some States have also imposed rules requiring civil society
organizations to report migrants in an irregular situation to the authorities when such
migrants seek humanitarian assistance, thus casting a chill over their services. 43 Numerous
civil society organizations have had their rescue ships seized and impounded on unfounded
allegations that the crew was smuggling migrants.44 In one country, the Government banned
the use of a hotline that was set up in detention centres by a civil society organization that
provided legal assistance to migrants and asylum seekers. In addition, some Governments
have tried to prevent workers in detention facilities from speaking out about the abuses that
occur in the centres.45
77.
Civil society organizations that work with migrants also face significant financial
challenges. As the Special Rapporteur witnessed during his official visit in 2019, Hungary
imposed a special tax of 25 per cent on financial support provided for any activities that
support or promote immigration. In some countries, criminal or administrative penalties for
the work of civil society organizations that work with migrants now also include large
39
40
41
42
43
44
45
14
Scarlet Kim, Esha Bhandari and Mitra Ebadolahi, “The U.S. Government tracked, detained, and
interrogated journalists. We’re suing on their behalf”, American Civil Liberties Union, 20 November
2019.
Front Line Defenders, Programa de Asuntos Migratorios de la Universidad Iberoamericana TijuanaCiudad de México and Red TDT, “Defenders beyond borders: migrant rights defenders under attack
in Central America, Mexico & the United States”, September 2019.
Submission from the Refugee Advice and Casework Service, p. 1. Available at
www.ohchr.org/Documents/Issues/SRMigrants/submissions/CallFreedomAssociationMigrations/RA
CS.pdf.
Civic Space Watch, “Greece gives NGOs 10 days to register or face ban”, 28 November 2019.
Ferstman, “Using criminal law to restrict the work of NGOs supporting refugees and other migrants
in the Council of Europe Member States”, para. 105.
European Union Agency for Fundamental Rights, “2019 update: NGO ships involved in search and
rescue in the Mediterranean and criminal investigations”, 19 June 2019.
Submission from the Refugee and Immigrant Center for Education and Legal Services, pp. 4–5.
Available at www.ohchr.org/Documents/Issues/SRMigrants/submissions/CallFreedom
AssociationMigrations/RAICES.pdf.