A/HRC/44/42
fines. For example, in 2019 Italy passed a decree establishing the maximum fine for search
and rescue ships that enter its territorial waters without permission at €1 million. 46
78.
Restricting access to public funding is yet another measure used to silence civil
society organizations that work with migrants. In 2016, the Ministry of the Interior of
Poland annulled the call for civil society organization proposals to the European Union
Asylum, Migration and Integration Fund, preventing such organizations from accessing
funds that had been earmarked for migration assistance. 47 In Hungary, civil society
organizations that apply to that Fund must agree to allow the Ministry of the Interior to
directly withdraw money from the organization’s bank account at any point during and after
the project implementation period. That requirement seriously dissuades civil society
organizations from applying for those funds. 48 There are reports that civil society
organizations that have accepted government funding for their migrant-related work elect
not to report violations against migrants for fear of losing both the funding and access
necessary to carry out their work. 49 In Australia, government funding for legal assistance,
including interpretation services, for asylum seekers was removed in a drastic manner in
2014.50
4.
Effect of criminalization and restrictions on both civil society organizations that work
with migrants and on migrants themselves
79.
The recent trend towards the securitization of migration, as detailed above, has
forced civil society organizations to adapt some of their practices in order to ensure their
security and operational effectiveness. Some adaptations to the new environment have been
positive; there appears to be renewed interest in building alliances, information-sharing and
building protective capacities. For instance, in 2017, organizations performing search and
rescue operations in the Mediterranean drafted an informal code of conduct to help prevent
future attacks by ensuring best practices among such organizations. 51 Organizations may be
better educating their staff on how to respond if their own rights are threatened.
80.
Many civil society organizations have been forced to create office security
guidelines, set up emergency hotlines, engage in strategic litigation and change fundraising
targets and methods, which has sometimes had an adverse effect on their work. Such
organizations have been more reluctant to rely on volunteers when they cannot ensure the
volunteers’ safety, resulting in a reduction in volunteer support. These adaptations take
time, mental energy and resources and may increase the psychological toll on staff
members and volunteers. Additionally, the funds and energy spent on adapting to the riskier
environment diverts civil society organization services and advocacy assistance away from
migrants.
81.
This increase in attacks and restrictions on civil society organizations that work with
migrants has not emerged in a vacuum, but rather in the context of shrinking civic space
generally. Laws and practices preventing civil society organizations from fulfilling their
human rights and humanitarian missions and the policing of such organizations erode
46
47
48
49
50
51
Emma Wallis, “Larger fines for migrant rescue ships in Italy”, Info Migrants, 6 August 2019.
Available at www.infomigrants.net/en/post/18652/larger-fines-for-migrant-rescue-ships-in-italy.
Lina Vosyliūtė and Carmine Conte, “Crackdown on NGOs assisting refugees and other migrants:
policy option brief”, Research Social Platform on Migration and Asylum, March 2019, p. 12.
Available at
www.resoma.eu/sites/resoma/resoma/files/policy_brief/pdf/POB%20Crackdown%20on%20NGOs_0.
pdf.
Rachel Westerby, “Follow the money: assessing the use of EU Asylum, Migration and Integration
Fund (AMIF) funding at the national level”, UNHCR and European Council on Refugees and Exiles,
January 2018, p. 41. Available at www.ecre.org/wp-content/uploads/2018/01/follow-themoney_AMIF_UNHCR_ECRE_23-11-2018.pdf.
Vosyliūtė and Conte, “Crackdown on NGOs and volunteers helping refugees and other migrants:
policy option brief”, p. 11.
Submission from the Refugee Advice and Casework Service, pp. 1–2.
See www.humanrightsatsea.org/wp-content/uploads/2017/03/20170302-NGO-Code-of-ConductFINAL-SECURED.pdf.
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