A/HRC/14/30/Add.3
70.
The Special Rapporteur heard allegations of disproportionate scrutiny and instances
of psychological mistreatment of persons entering the United Kingdom with valid
documentation. For example, a non-national holding a valid post-study work permit54
reported having been given a “warning” on her national passport when re-entering the
United Kingdom after spending a couple of months abroad and having been informed that
next time she leaves the United Kingdom her permit will expire, despite the fact it has still
about a year of validity. The Special Rapporteur regrets that this kind of situation fuels a
climate of mistrust and intolerance at entry checkpoints.
71.
The Special Rapporteur also received information about interrogation and excessive
delays at airports, which in some instances have caused financial or other harm to persons
in transit or entering the country, sometimes for short-term visits. According to those who
report having been affected, these practices are based on race, colour, descent or national or
ethnic origin and, in some instances, on pregnancy status.
72.
The Special Rapporteur regrets that these allegations contrast with principles of
human dignity and appear inconsistent with the jus cogens prohibition of discrimination. As
noted by the Special Rapporteur on the promotion and protection of human rights and
fundamental freedoms while countering terrorism, profiling may violate the right to
equality and non-discrimination when intelligence and law enforcement agents use profiles
that reflect unexamined generalizations. This will likely be the case if profiling is based on
ethnic or national origin (racial profiling) or religion (religious profiling), or if profiling
solely or disproportionately affects a specific part of the population.55 Profiling may also be
prohibited where it is based on a person’s country of origin if this is used as a proxy for
racial or religious profiling.56
VI.
Conclusions and recommendations
73.
The United Kingdom has shown genuine efforts to deliver a migration policy
which determines the conditions of admission, stay and removal of non-nationals
while aiming at complying with human rights obligations. Migration management
aims at contributing to meet world security challenges and immigration and asylumseeking standards and currently focuses on the forcible return of persons in irregular
situations, strengthening the screening of asylum-seekers and enhancing international
cooperation with countries affected by conflict as a means of reducing immigration
flows. Despite progress made, in the Special Rapporteur’s view, a number of
challenges remain and he accordingly wishes to make the following recommendations.
74.
In relation to the protection of migrant workers, the Special Rapporteur
recommends that the Government:
(a)
Consider ratifying the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families and the ILO
Convention No. 143 concerning Migrations in Abusive Conditions and the Promotion
of Equality of Opportunity and Treatment of Migrant Workers, adopted by the ILO
in 1975, with the aim of further strengthening efforts to protect all migrant workers,
regardless of their immigration status, from abusive practices;
54
55
56
18
A visa type allowing former graduate students to seek a job and work regularly in the territory of the
United Kingdom for a post-studies period of two years.
See A/HRC/4/26, paras. 36, 40–42. See also Alex Conte, Human Rights in the Prevention and
Punishment of Terrorism. Commonwealth Approaches: The United Kingdom, Canada, Australia and
New Zealand (Berlin and New York, Springer Verlag, 2010), pp. 657–661; 713.
A/HRC/4/26, para. 36.
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