A/HRC/47/30 E. Challenges and obstacles faced by State and non-State actors at international borders 82. The complex nature of border governance requires that personnel in contact with migrants at international borders be equipped with specific knowledge on human rights law and standards, procedural safeguards, and age-sensitive and gender-responsive screening and referral protocols, in order to protect the human rights of migrants. 102 83. Most Member States have faced specific challenges due to the COVID-19 pandemic, according to the information expressed in their submissions. These include increased efforts invested in maintaining high hygiene standards, in following the relevant health protocols aimed at containing the spread of the virus, and in protecting the residents and personnel working at reception facilities. 103 The pandemic also caused temporary interruptions in procedures, such as asylum interviews, leading to delays in the processing of asylum applications.104 84. Search and rescue and disembarkation were delayed or compromised by quarantine requirements, in addition to routine health screenings.105 Some States have introduced tests to detect the presence of the COVID-19 virus as part of the general health screening on arrival.106 In some contexts, national search and rescue capacities were reportedly challenged by boats being turned back, or being forced by neighbouring States to drift in international or territorial waters.107 Challenges faced by non-State actors 85. The Special Rapporteur notes with concern that threats, intimidation and harassment and restrictive policies and practices against human rights defenders, including women human rights defenders, working to protect the rights of migrants, have not subsided. 86. In the United States, humanitarian actors risk five years in prison for “harbouring” undocumented migrants. Defenders of migrant rights are harassed and treated as national security threats.108 In a number of countries in Europe, the obstacles faced by civil society are having a significant impact on the conduct of their legitimate activities.109 87. NGO ships and crew involved in search and rescue have faced over 50 criminal or administrative proceedings initiated by Germany, Greece, Italy, Malta, the Netherlands and Spain since 2016. 110 The Special Rapporteur notes with concern that those actions have resulted, in practical terms, in a marked decrease of adequate search and rescue capacities in the Mediterranean. 111 In Greece, NGOs are investigated and prosecuted by authorities on grounds of “espionage”, “violation of State secrets”, “membership of a criminal organization” and “violations of the migration law”.112 88. In France, supporting migrants at the border does not benefit from humanitarian exemption in the same way as in-country support, where the inclusion of exemptions from “facilitating” irregular stay has been constitutionally reinforced on the grounds of the 102 103 104 105 106 107 108 109 110 111 112 16 Submission by Greece. Submission by Croatia. Submission by Finland. Submission by Malta. Submissions by Canada and Italy. Submission by Turkey. See USA 2/2020, available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25061. See Parliamentary Assembly of the Council of Europe resolution 2356 (2020) on the rights and obligations of NGOs assisting refugees and migrants in Europe. European Union Agency for Fundamental Rights, “December 2020 update: NGO ships involved in search and rescue in the Mediterranean and legal proceedings against them”, 18 December 2020, available at https://fra.europa.eu/en/publication/2020/december-2020-update-ngo-ships-involvedsearch-and-rescue-mediterranean-and-legal. Ibid. Submission by Mare Liberum.