A/HRC/44/42 efforts to organize have resulted in several political advances at the local and the national levels. For example, they were responsible for the municipal “sanctuary” policies that prevent local law enforcement officials from questioning people about their migration status and holding migrants in an irregular situation until the federal immigration officials come to detain them. In Uganda, the Refugee Act of 2006, which recognized the right of refugees to work, move around the country and live in the community, rather than in camps, was greatly influenced by the advocacy of migrant organizations. 6 37. Reportedly, so-called migrant caravans transiting through Central America and Mexico have prioritized both their own protection and good relations with the communities through which they pass. In Thailand, the Fishers’ Rights Network organized more than 2,000 migrant fishers, leading to, inter alia, an increase in the minimum wage for fishers; the distribution of fully stocked medicine and first-aid kits on boats; emergency training for workers; and assistance to workers in ensuring that employers adhered to payment and benefit obligations. Similarly, the Southern Seafood Workers’ Group in Thailand successfully resolved immigration issues with the Department of Employment and the Immigration Department in Songkhla Province for migrants who faced problems relating to work permits.7 Often migrants bring valuable experience in activism and collective action from their home country; their participation can thus be extremely valuable in strengthening the realization of rights for all community members or workers, not only migrants. 1. Legal barriers 38. In countries on the different continents, legislation and policies interfere with migrants’ freedom of association. Some of the laws that apply generally to a State’s population have a disproportionate impact on migrants. For example, many States that require mandatory registration for any group or association also allow government discretion in determining whether to accept such registration. Where migrants may be seen as an undesirable segment of society, such discretion allows the authorities to refuse to register the group, thus leaving migrant groups with the choice of disbanding or operating illegally. 39. Migrants may also find it difficult to produce the required documentation for registration. For instance, in some countries, founding an association may require the presentation of a number of travel documents from the country of issue, which may be difficult for asylum seekers or undocumented migrants to obtain. High registration fees for forming an organization can also dissuade migrants from organizing, as many migrant workers and refugees come to their new country with minimal financial resources. 40. The danger of operating an association without formal registration is particularly acute for migrants who, in addition to facing fines or criminal penalties for operating an unregistered organization, may also face the risk of losing their legal status, thus increasing the risk of deportation. Even where failure to register an organization may not result in criminal penalties or fines, such lack of formal recognition may make already onerous administrative tasks nearly impossible, such as opening a bank account to receive or disburse funds. 41. Generally, where a State enforces a restrictive law on associations, migrant groups may feel the constraints most acutely as they are less likely to benefit from the social safety nets or have the political connections needed to continue their work where not sanctioned by the Government. Moreover, in hostile operating environments, migrant-led organizations may find it particularly difficult to access funding from donors owing to the concern that migrant-led groups are too vulnerable to be sustainable in the long term. 42. In many parts of the world, migrants face discriminatory legislation specifically aimed at restricting association rights for non-citizens. Several countries’ constitutions limit freedom of association to citizens only, 8 while other States have laws that explicitly permit 6 7 8 6 Vanessa Akello, “Uganda’s progressive Refugee Act becomes operational”, UNHCR, 22 June 2009. International Labor Rights Forum, Time for a Sea Change: Why union rights for migrant workers are needed to prevent forced labor in the Thai seafood industry (Washington, D.C., March 2020). See, e.g., the Constitution of Malaysia, art. 10.