A/HRC/62/35 I. Introduction 1. In his report to the General Assembly in 2025,1 the Special Rapporteur on the human rights of migrants warned of the growing practice of outsourcing asylum and migration processes, which entails serious risks of human rights violations and abuses. These practices form part of a broader deterrence-based approach that restricts access to protection, increases the risk of violations and reinforces existing gender inequalities and discrimination. In light of the scale and complexity of externalization measures and the proliferation of new agreements, the Special Rapporteur decided to continue working on this subject. 2. Externalization is the process of shifting functions that are normally carried out by a State within its own territory so that they take place, in part or in whole, outside its territory.2 Member States that externalize migration processes are referred to as “externalizing States”, while those cooperating with them are referred to as “third States”. Externalization measures, often framed as forms of cooperation or partnership, should be distinguished from migration cooperation aimed at facilitating safe and regular migration, ensuring access to protection, and strengthening collective responses to migration and asylum governance, including through genuine responsibility-sharing. 3 In practice, externalization agreements aim to prevent migrants and refugees from reaching externalizing States or to remove them to third States – practices that may be difficult to reconcile with the principle of good faith. Accordingly, externalization may be understood as forms of migration cooperation that aim at, or result in, shifting responsibility for migration and asylum processes away from externalizing States.4 3. The Special Rapporteur has addressed specific externalization measures in his communications 5 and submissions to courts. 6 In the present report, he draws on these recommendations and offers a more holistic assessment. The Special Rapporteur welcomes the written submissions received from Member States, national human rights institutions, international organizations, including United Nations agencies, civil society organizations and academia.7 Additional publicly available sources were also consulted in preparing the report. 4. Building on the Special Rapporteur’s report to the General Assembly on the externalization of migration governance and its effect on the human rights of migrants,8 the present report discusses recent externalization measures and the specific features of this trend, including human rights risks and impacts on specific groups. The Special Rapporteur also expands on human rights responsibilities and on measures to foster transparency and accountability. The final section provides conclusions and recommendations. 1 2 3 4 5 6 7 8 2 A/80/302. See also A/80/632, para. 24; A/HRC/61/31, para. 15; and joint general recommendation No. 39 (2025) of the Committee on the Elimination of Racial Discrimination and general comment No. 8 (2025) of the Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families on thematic guidelines for eradicating xenophobia towards migrants and others perceived as such, paras. 55–57. Refugee Law Initiative, “Refugee law initiative declaration on externalisation and asylum”, International Journal of Refugee Law, vol. 34, No. 1 (March 2022), pp. 114–119. Submissions from Brazil and Montenegro. The Office of the United Nations High Commissioner for Refugees (UNHCR) relies on a narrower understanding of externalization. See UNHCR, “International agreements for the transfer of refugees and asylum-seekers”, 7 August 2025, available at https://www.refworld.org/policy/legalguidance/unhcr/2025/en/150357, para. 5. See https://spcommreports.ohchr.org/TmSearch/Mandates?m=33. See https://www.ohchr.org/en/special-procedures/sr-migrants/submissions-courts-and-other-bodies. Submissions received in response to the call for inputs are available at https://www.ohchr.org/en/calls-for-input/2026/call-input-externalization-migration-governance-newtrends-and-specific. A/80/302. GE.26-06322