Background

Pursuant to Human Rights Council Resolution 43/6, the Special Rapporteur on the Human Rights of Migrants is mandated "To examine ways and means to overcome the obstacles existing to the full and effective protection of the human rights of migrants, recognizing the particular vulnerability of women, children and those undocumented or in an irregular situation (paragraph 1 (a), A/HRC/RES/43/6)".

In his last report to the Human Rights Council (A/HRC/47/30), the Special Rapporteur urged States to put an end to pushback practices, to respect fully the prohibition of collective expulsion and to uphold the principle of non-refoulement. Further, he provided a set of recommendations towards the development of a human rights-based, gender-responsive, age- and child-sensitive approach to migration and border governance, that ensures the human rights of migrants, including those in an irregular situation, are always the first consideration. To further the engagement with Member States in this area, the Special Rapporteur has decided to dedicate his forthcoming report to the 50th session of the Human Rights Council to examine recent developments and examples that illustrate effective ways to prevent human rights violations at international borders, both on land and at sea.

Objectives

Through the report, the Special Rapporteur also intends to assess the human rights impact of border management measures, including temporary ones introduced in the context of the COVID-19 pandemic or as part of a state of emergency. In addition, the Special Rapporteur aims to showcase attempts to enhance accountability for human rights violations at international borders, including through international and regional bodies and courts, and developing border governance and border monitoring standards. Finally, the Special Rapporteur will examine recent developments with regards to the use of "safe third country" concepts and bilateral and multilateral re-admission agreements as part of border entry and asylum procedures.

Key questions and types of input/comments sought

The Special Rapporteur is particularly interested in receiving inputs on any or all of the following issues:

1. Please provide information on any recently adopted domestic legislation amending border entry, asylum and other international protection procedures for non-nationals since May 2021. Grateful if you could kindly submit the original text of the relevant provisions of the legislation or policy(ies), accompanied by an English translation if it is in a language other than English, French or Spanish.

2. Please provide information on recent or current border management legislation/policies/measures, (including those temporary measures as part of a state of emergency), with the view to control, reduce or prevent migrant arrivals in your country.

3. Please provide information on how the "safe third country" concept is applied and if there is any "safe third country" list in your country with the view to expedite border immigration and asylum procedures, as well as on any bilateral and multilateral agreement on collective/automatic re-admission of migrants of specific nationalities.

4. Please provide information on any progress made in developing independent border monitoring mechanism(s) at the national level.

The Special Rapporteur would be grateful for submissions from Member States, civil society, academia, NHRIs and other stakeholders.

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