Photo: Gémes Sándor/SzomSzed, Wikimedia Commons
Civil society calls for an appropriate response from the Human Rights Council by establishing an independent international monitoring mechanism to undertake a global investigation into deaths, enforced disappearances, torture and other grave human rights violations faced by people in transit across international borders.
The undersigned civil society organisations and groups write to express our deep concern about policies and practices of migration governance that lead to deaths, torture and other grave human rights violations at and around international borders and to call on the Human Rights Council to take appropriate action by establishing an independent international monitoring mechanism to investigate these violations including root causes of violations in the governance of international migration, and contribute to accountability and redress for victims and their families.
The Missing Migrants Project recorded 55,980 reported deaths of people in migration worldwide from 2014 to May 2023. This number is widely understood to be a significant underestimate. In some regions migrant deaths have reached record highs. These deaths are often not effectively investigated.
The UN Special Rapporteur on the human rights of migrants has repeatedly raised serious concerns about abusive and violent border governance tactics, which include state of emergency measures, the legitimization of pushback and pullback practices through the introduction of legislation and government executive orders, inadequate State-led search and rescue operations and obstacles imposed on non-State search and rescue operators.
As further noted by the former UN Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance, many of the migration policies that contribute to deaths and other grave violations of refugee and migrant rights disproportionately affect individuals from certain national origin, ethnic, racial and religious groups. In many cases these policies involve or are built on structural racism.
The widespread practices of externalization of migration controls by predominantly wealthy countries, who seek to pressure and partner with countries of origin and transit to prevent migrants and asylum seekers from leaving their territories and reaching their borders, also significantly contribute to deaths, torture and other serious violations, particularly against individuals/people of certain national origins, ethnicity, race or religion obstructing their right to leave and to seek asylum through safe routes and forcing people into dangerous journeys.
The report of the Special Rapporteur on the human rights of migrants on the human rights impact of pushbacks of migrants on land and at sea (A/HRC/47/ 30) documents a deeply concerning global pattern of routine human rights violations at international borders concluding:
The practice of “pushbacks” is widespread and exists along most migration routes. Pushbacks manifest an entrenched prejudice against migrants and demonstrate a denial of States’ international obligations to protect the human rights of migrants at international borders.
The depth of concern and worsening situation following this report led the Special Rapporteur to follow up with a report on human rights violations at international borders: trends, prevention and accountability (A/HRC/50/31), in which they concluded:
that pushbacks remain de facto general policy in many States and continue to seriously impede the enjoyment of the human rights of migrants who cross international borders. The full spectrum of such violations often remains hidden, due to State-led attempts to dismiss or cover up allegations of wrongdoing.
Both reports echo the pattern of human rights violations at international borders that the previous High Commissioners repeatedly drew the Human Rights Council’s attention to. In September 2019 the then High Commissioner used the phrase “lethal disregard” to describe the use of policies and practices that systematically put people’s lives and wellbeing at risk, including children. The work of the Special Rapporteur, the High Commissioner and their Office, and many of the undersigned civil society organisations and groups show that this pattern of violations and abuses is not limited to one corridor or region.
The serious, systematic and widespread nature of human rights violations and abuses at and around international borders has been reported to the Human Rights Council on multiple occasions in the reports of the Special Rapporteur and has prompted several other Special Procedures to focus reports on migration, including the Special Rapporteur on torture, the Special Rapporteur on human rights defenders (twice), the Independent Expert on human rights and international solidarity, the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Working Group on the use of mercenaries. Despite this, grave human rights violations persist unabated and with impunity.
The Human Rights Council has acknowledged guidance from the Office of the High Commissioner for Human Rights including Recommended Principles and Guidelines on Human Rights at International Borders and the Principles and Guidelines on Human Rights of Migrants in Vulnerable Situations. The Human Rights Council has adopted a Presidential Statement on protection at sea (2014) and resolutions on migrants in transit (2015), migrants and refugees in large movements (2016) and situations of vulnerability (2021). The Council also called upon States to “ensure accountability and reparations for human rights violations at borders and to adopt a racial justice approach, including by adopting policies to address structural racism in the management of international migration flows” (2022).
Despite this, grave human rights violations persist unabated and with impunity.
A new and stronger response drawing on and complementing the work of the Special Rapporteur is needed.
In light of the scale, severity, and global nature of this failure to respect, protect and fulfil the human rights of all regardless of migration status, we call on your governments to ensure an appropriate response from the Human Rights Council by establishing an independent international monitoring mechanism to undertake a global investigation into deaths, enforced disappearances, torture and other grave human rights violations faced by people in transit across international borders including as a result of pushbacks and collective expulsions, and to contribute to accountability and redress for victims and their families.
This independent monitoring mechanism would contribute to prevention and accountability by reporting on its findings and providing recommendations on robust follow up action at national, regional and international levels including addressing root causes of violations and the role of racial discrimination in the management of international migration, to ensure remedy for victims and to end these practices and the climate of impunity surrounding grave human rights violations at borders and in transit.
Sincerely,
At the 55th session of the Human Rights Council, the High Commissioner for Human Rights held an interactive dialogue on the situation of Haiti with the participation of the Designated Expert, William O’Neil.
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