A/HRC/62/35
II. Activities of the Special Rapporteur
5.
Between October 2025 and May 2026, the Special Rapporteur requested visits to
Azerbaijan, Ireland, Malaysia, Mauritius, Thailand and the United States of America and to
the European Union. He also reiterated his interest in visiting Canada, New Zealand,
Portugal, South Africa and Spain. The Special Rapporteur conducted an official visit to Brazil
from 16 to 27 March 2026;9 his report will be presented in June 2027.
6.
Since the presentation of his report to the General Assembly in October 2025, 10 the
Special Rapporteur has continued to address externalization through communications to
Governments and regional organizations 11 as well as through his participation in public
conferences. In March 2026, he took part in the regional hearing of the Inter-American
Commission on Human Rights on the situation of persons deported, expelled or transferred
in the context of human mobility in the region.12 He addressed the Council of Europe Steering
Committee for Human Rights on the Safe Third Country Concept and participated in the
annual meeting of the Global Alliance of National Human Rights Institutions. In addition, as
a member of the Platform of Independent Experts on Refugee Rights, in November 2025 he
participated in the fourteenth World Conference of the International Association of Refugee
and Migration Judges, in Nairobi.
7.
The Special Rapporteur participated in the second International Migration Review
Forum, which took place from 5 to 8 May 2026 in New York.
III. Recent trends of externalization
8.
Since the finalization of his report to the General Assembly on the externalization of
migration governance and its effect on the human rights of migrants,13 new externalization
agreements and arrangements have emerged and the implementation of recently concluded
agreements has provided further detail. The Special Rapporteur groups the externalization
measures into three categories: (a) prevention of arrival; (b) extraterritorial processing of
asylum claims; and (c) removal to third countries.14
A.
Prevention of arrival
9.
This form of externalization seeks to prevent migrants from reaching the territory of
the externalizing State.15 Within such frameworks, third States intercept, divert or otherwise
impede onward movement, including by preventing departure, restricting transit, or returning
migrants to their countries of transit or origin. Such measures raise serious risks of
refoulement, including chain refoulement, and of collective expulsion and the absence of
individualized assessment, and may engage the international human rights obligations of
externalizing States, including through complicity or where they exercise jurisdiction or
effective control extraterritorially. To support these measures, externalizing States provide
financial assistance, training, equipment and broader capacity-building to migration and
border authorities in third States.16 Increasingly, this includes the deployment of surveillance
technologies, such as biometric systems, drones and border-monitoring tools, facilitating the
9
10
11
12
13
14
15
16
GE.26-06322
See https://www.ohchr.org/en/press-releases/2026/03/brazil-un-expert-welcomes-strong-migrationlegal-framework-calls-more.
A/80/302.
See https://spcommreports.ohchr.org/Tmsearch/TMDocuments.
See https://www.ohchr.org/sites/default/files/documents/issues/migration/unsr-migrants-iachrregional-hearing-11-03-26.pdf.
A/80/302.
Ibid., para. 6.
Ibid., para. 7. See also the submission from Ombudsman’s Office of Colombia.
The United States of America has provided large amounts of funding to Mexico to improve Mexican
border control with Guatemala and Belize; see
https://www.congress.gov/crs_external_products/IF/PDF/IF10215/IF10215.30.pdf.
3