Comments on legislation and policy

In this page, the UN Special Rapporteur shares all comments provided by the mandate to States on national laws, regulations and policies. The mandate regularly provides comments on the adequacy of normative and policy developments with international standards on the human rights of migrants.

Below is a list of letters concerning national norms sent or joined by the UN special rapporteur and the responses from Government to these communications.

Recent communications

Peru

• Regarding Legislative Decrees 1582, 1573 and 1574, which modify, respectively, the Legislative Decree on Migration, the Criminal Code approved by Legislative Decree 635, and the New Criminal Procedure Code approved by Legislative Decree 957, and on the impact of these modifications on the human rights of migrants (PER 7/2023).

European Union

• Concerning the New Pact on Migration and Asylum of the EU (hereinafter the Pact), and other relevant legislative proposals contained in the new Migration and Asylum Package which may have negative impact on the human rights of migrants, including children and those with vulnerabilities (OTH 144/2023).

Chile

• In relation to the processing of draft laws, mainly those contained in bulletins n°15.261-25 and n°15.439-06 which modify law n°21.325, on Migration and Foreigners and law n°20.430, which establishes provisions on the protection of refugees, due to their possible impact on the human rights of migrants, asylum seekers and refugees (CHL 1/2023).
• Government response: 03 Jul 2023.

United Kingdom of Great Britain and Northern Ireland

• Concerning the introduction of the “Illegal Migration Bill” (hereinafter “the Bill”), and the impact it would have, if adopted, on the human rights of migrants, including those in need of international protection (GBR 9/2023).

Japan

• Concerning the new amendment bill to the Immigration Control and Refugee Recognition Act (JPN 1/2023).
• Government Response: 11 Oct 2023.

Peru

• Comments on the unified bill of 7 draft laws and legislative amendments, which promote the modification of articles 10, 45, 61 and 63 of Legislative Decree 1350, known as the Legislative Decree on Migration (PER 6/2022).

United Kingdom of Great Britain and Northern Ireland

• Concerning the Policy Paper, Memorandum of Understanding (the MOU) concluded between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Rwanda for the provision of an asylum partnership arrangement to strengthen shared international commitments on the protection of refugees and migrants", published on 14 April 2022 and its compliance with the State’s obligations under international human rights law (GBR 9/2022).

Spain

• Considering amendments to the 2015 Citizen Security Law that would affect the rights of people of African descent (ESP 5/2022).
• Government Response: 18 Jul 2022.

Serbia

• Concerning a draft law on Seasonal and Other Occasional Employment in Specific Business Activities ("Draft Law") proposed by your Excellency's Government that if adopted, may impinge on the exercise of the right to freedom of association, including the right to form and join a trade union and collective bargaining, the right to freedom of peaceful assembly, specifically the right to strike, and the right to freedom of opinion and expression in the labour sector (SRB 3/2022).
• Government Response: 13 May 2022.

United Kingdom of Great Britain and Northern Ireland

• Concerns in relation to the impact of the Nationality and Borders Bill on the human rights of victims of trafficking, and the State’s obligations under international law to prevent trafficking in persons, and to assist and protect all victims of trafficking, without discrimination (GBR 11/2021).
• Government Response: 08 Apr 2022.

Greece

• Concerning the recently adopted Law 4686/2020 (hereinafter: the Law on NGOs) and Joint Ministerial Decision 10616/2020 (hereinafter: the JMD), which introduced new onerous legal requirements and conditions for registrations of non-profit organizations (NGOs) that work with migrants and refugees. This might severely hamper the work of independent NGOs, especially smaller organizations that that do not have the financial means to comply with all the reporting requirements (GRC 1/2021).
• Government Response: 06 Oct 2021.

Japan

• Concerning the amendment bill to the Immigration Control and Refugee Recognition Act (the Act) (JPN 3/2021).
• Government Response: 17 Jun 2021.

Honduras

• In relation to a motion presented on 15 October before the National Congress of Honduras, and the possible impact on the work of human rights defenders in the context of the current context of the migration crisis in Central and North America (HND 6/2019).
• Government Response: 12 Feb 2020.

United States of America

• Concerns regarding the Migrant Protection Protocols (MPP) (USA 4/2019)
• Government Response: 30 Apr 2019.

Ireland

• Concerning the Atypical Working Scheme (AWS) for Sea fishers, launched in 2016 to respond to allegations of trafficking in persons and severe forms of labour exploitation against migrant fishermen in the country and its alleged shortcomings according to international law standards (IRL 1/2019).
• Government Responses: 12 April 2019 and 08 May 2019

India

• Concerning the adoption, on 8 January 2019, by the Lok Sabha (House of the People) of the Citizenship (Amendment) Bill 2016 (IND 2/2019).

European Union

• Concerns regarding current discussions on the reform of the European migration and asylum system (OTH 64/2018).

United States of America

• Concerning Immigration and Customs Enforcement (ICE) Directive 11032.3, eliminating a presumption against immigration detention of pregnant women (USA 8/2018).

France

• Regarding the adoption of Bill No. 714 "for controlled immigration and an effective right of asylum", which is expected to be examined by the National Assembly from 16 April 2018. Some of the measures included in the bill would make access to asylum and an effective remedy more difficult, increase the maximum duration of detention, and contain provisions for the suspension or denial of material reception conditions (OL FRA 4/2018).
• Government Response: 03 Jul 2018

Hungary

• Concerning the package of draft legislation on organizations supporting migration that has been recently submitted to the Hungarian National Assembly, also known as the ‘Stop Soros Legislative Package’ (HUN 1/2018).