A/65/295 the most vulnerable. Having departed from their countries of origin, these migrants encounter several obstacles owing to differences in language, customs and culture, a lack of awareness of their rights, and economic and social difficulties. As a result, migrants are particularly exposed to human rights violations and abuse, including racial discrimination and xenophobia. 29. Despite the growing recognition that migration is an essential and inevitable component of the economic and social life of every State, and that orderly and properly managed migration can be beneficial for both individuals and society as a whole, the Special Rapporteur noted with regret the deeply marked tendencies to characterize migration as a problem and threat to the cohesion of a given society, national identity or security. In that context, he stated that some political parties had been particularly efficient at manipulating and fostering xenophobic feelings among the population for political gain. 30. Referring to the recent tragic events of xenophobic violence targeting migrants in Italy (see paras. 37-38) and in South Africa, 5 the Special Rapporteur pointed out that migrants are easy targets for manifestations of racism and xenophobia. He stressed that irregular migrants, considered as criminals by some States, are even more vulnerable. Owing to their lack of legal status and their reluctance to access justice or liaise with any authority, irregular migrants are placed at considerable risk of abuse, discrimination and xenophobic attacks, some of which may be fatal. Moreover, irregular migrants will in most cases not report such incidents to the police; they will not seek any kind of redress, and remain hidden in order not to be deported. 31. The Special Rapporteur strongly reaffirmed that migrants, like any other human beings, regardless of their migration status, are entitled to have their human rights protected by the State where they reside. Both regular and irregular migrants should therefore enjoy, inter alia, freedom of expression or association; freedom from racial discrimination in the areas of education or health; the right to equal treatment before the tribunals and all other organs administering justice; and a guarantee of their physical integrity by the State concerned. 32. While acknowledging the sovereign right of each State to formulate and apply its own legal framework and policies for migration, the Special Rapporteur recalled that those policies must be consistent with applicable international human rights instruments, norms and standards, and designed in a way to ensure that they are free from racism and xenophobia. In that regard, he referred to the relevant provisions of the Durban Declaration and Programme of Action and the outcome document of the Durban Review Conference, which strongly condemn the manifestations and acts of racism, racial discrimination, xenophobia and related intolerance against migrants. 33. Faced with rising xenophobic fears and unease among their populations, States have in the last decade responded to growing migration flows with greater control at their borders and stricter immigration policies. The Special Rapporteur, however, stated that, in the long run, finding the means to create conditions conducive to greater harmony, tolerance and respect between migrants and the rest of society would prove more beneficial to all stakeholders than the implementation of stricter immigration policies. While the means to do so may vary, the Special Rapporteur emphasized that it is necessary to give prominence to migration policies which are __________________ 5 10-48481 See A/HRC/14/43/Add.1, paras. 117-131. 9