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83. States should encourage greater harmony, tolerance and respect for
migrants, asylum-seekers and refugees within the wider society, with a view to
eliminating acts of racism, xenophobia and other forms of related intolerance
directed against migrants.
84.
In particular, States should:
(a) Develop or strengthen programmes, including ensuring civil society
participation, meant to tackle xenophobia in public speech and the media and
discrimination and intolerance against migrants and their families;
(b) Ensure that effective remedies are available to victims of racism,
racial discrimination, xenophobia and related intolerance and monitor the
responses of the judicial system to allegations of xenophobia and hate crimes
against migrants, with due regard for age and gender considerations;
(c) Implement intercultural policies aimed to raise children in an
environment that accepts and values differences, discouraging racism and
xenophobia and fostering children’s participation in the design and
implementation of such policies;
(d) Strengthen awareness-raising programmes to combat prejudice
against migrant communities and increase awareness-raising efforts to prevent
abusive practices by employers, regardless of immigration status.
D.
Finding alternatives to immigration detention
85. States that continue to punish irregular migration with imprisonment
should revise and reform their immigration laws and decriminalize irregular
migration. States should not deprive migrants of their right to liberty because
of their migratory status.
86. The causes and circumstances leading to the deprivation of the liberty of
migrants should be defined by laws that should provide adequate and effective
remedies, including judicial review, in order to avoid arbitrary detention and
guarantee access to legal services.
87. In cases where, exceptionally, detention of migrants is justified, this should
not be made in facilities for criminals. Migration-related detention centres
should not bear similarities to prison-like conditions. In connection with
immigration detention facilities, States should bear in mind that:
(a)
Authorities in charge of these facilities should not be security forces;
(b) States should hold private security firms that are hired to police
immigration detention facilities accountable for upholding the rule of law and
compliance with human rights;
(c) Officials working in immigration detention facilities should be
trained in human rights, cultural sensitivities, age and gender considerations
and the particular needs of vulnerable populations;
(d) Disciplinary rules should be markedly different from those in place
in prison facilities;
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