A/HRC/62/35 slavery, prohibited under article 8 of the International Covenant on Civil and Political Rights. In Libya, migrants, asylum-seekers and refugees are frequently trafficked, sold or transferred between actors and compelled to perform labour under coercion, including in detention facilities and private households and at informal worksites.61 Also, in other countries with which the European Union has established migration control cooperation, migrants are at heightened risk of exploitation, including trafficking for sexual exploitation, forced labour and domestic servitude.62 25. Second, externalization measures risk separating families, potentially violating the obligation to protect the family, and the prohibition of arbitrary interference with one’s privacy, family or home, under articles 23 and 17 of the International Covenant on Civil and Political Rights respectively. Cases have been reported of migrants being deported from the United States to third countries, resulting in separation from their children and spouses residing there.63 Concerns also arise regarding the recent Memorandum of Understanding between Australia and Nauru, which risks separating individuals subject to its arrangements from their family members in Australia, particularly where they have lived in the Australian community for extended periods.64 26. Third, the use of digital technologies in the context of externalization (see para. 9 above) poses additional human rights risks. For instance, surveillance technologies, including drones and border monitoring systems, may facilitate violations of several rights, including the right to leave any country and the prohibition of refoulement. 65 The collection of personal data for border management purposes may give rise to violations of the right to privacy and of data protection standards. Under the right to privacy, protected by article 17 of the International Covenant on Civil and Political Rights, the collection, storage and processing of personal data must be regulated by law and accompanied by safeguards against arbitrary or unlawful interference, including protection against misuse. Personal data should not be used for purposes incompatible with the Covenant.66 More detailed data protection standards – such as collection limitation, data quality, purpose specification, use limitation, security safeguards, openness, individual participation and accountability – are reflected in international standards.67 27. Finally, and more broadly, the Special Rapporteur is concerned that externalization frameworks are prone to human rights violations due to their arbitrary and deterrent nature. In some cases, individuals with protection status or long residence have been removed to third States, creating protection gaps. Those affected may face legal and social limbo, with limited access to livelihoods and heightened vulnerability to exploitation. The threat of transfer and precarious conditions may also pressure individuals to leave despite their protection needs. V. Impact on specific groups and intersectional discrimination 28. Externalization measures have particularly severe impacts on persons in vulnerable situations and entail heightened risks for groups exposed to intersectional discrimination. A. Children 29. Externalization measures render migrant and asylum-seeking children particularly vulnerable to violence, abuse and violations of their rights, thereby significantly affecting 61 62 63 64 65 66 67 GE.26-06322 Ibid. See https://www.ohchr.org/en/press-releases/2026/03/egypt-un-experts-raise-alarm-over-violationsagainst-refugees-and-migrants. Submission from Human Rights First. Submission from Australian Human Rights Commission. OHCHR and University of Essex, “Digital border governance: a human rights based approach”, September 2023. Human Rights Committee, general comment No. 16 (1988), para. 10. Organisation for Economic Co-operation and Development, Guidelines on the Protection of Privacy and Transborder Flows of Personal Data, 2002. 9