A/HRC/47/30
principle of fraternité.113 In Switzerland, authorities have prosecuted individuals who help
people in an irregular situation to access protection, shelter and means of livelihood, on
“facilitation” charges.114
89.
Independent border monitoring is a key activity that can increase human rights
compliance during border governance operations. However, international borders have
become “operational areas”, “militarized zones” and “restricted areas”, where observers,
including civil society stakeholders, are rarely allowed access.
90.
In this regard, the Special Rapporteur welcomes the proposal by the European
Commission, in its New Pact on Migration and Asylum, to establish independent national
mechanisms to monitor human rights at the borders of the European Union, 115 and notes the
particular relevance of building independent monitoring capacity in European Union member
States in the context of simultaneous proposals envisaging the increased use of fast-tracked
asylum procedures and return procedures for certain categories of asylum seekers.
F.
Promising practices and measures
91.
Many States have domestic legislation codifying the principle of non-refoulement;
some have given it constitutional protection. 116 The prohibition of indirect (chain)
refoulement has been codified in some national laws.117 In many States, domestic legislation
sets out standard operating procedures to be applied at borders to provide protection-sensitive
entry screening, vulnerability assessments and determination of protection needs. 118
92.
Some other States guarantee access to refugee protection at the constitutional level,
including protection from unlawful removal, 119 or are in the process of drafting national
asylum laws on the basis of the Convention relating to the Status of Refugees (the 1951
Convention), to enhance national capacities to manage the arrival of refugees and asylum
seekers.120
93.
States have taken steps to evaluate their migration policies in light of the recent
commitments made in the Global Compact for Safe, Orderly and Regular Migration. Djibouti,
for example, has commissioned a full assessment of its policies, informing a new national
strategy on migration. In 2019, it established a national coordination office for migration.121
94.
Access to asylum at border checkpoints has been secured in some countries’
legislation.122 In Switzerland, for example, border police authorities are required to ensure
access to the asylum procedure to anyone who, even from a distance, indicates that they are
in need of international protection. Such measures can prevent entry refusal and guarantee
individualized assessment.123
95.
Some States guarantee access to asylum procedures and take advantage of electronic
registration and referral to process applications without delay. 124 Remote interviewing has
enabled better management of delays and ensured personal health and safety during the
COVID-19 pandemic.125 States have also made efforts to reduce administrative procedures to
the minimum, investing instead in promoting digital technologies and procedures. 126
113
114
115
116
117
118
119
120
121
122
123
124
125
126
Amnesty International, Punishing Compassion: Solidarity on Trial in Fortress Europe (2020),
available at www.amnesty.org/download/Documents/EUR0118282020ENGLISH.PDF.
Ibid.
Submission by the European Commission.
Submissions by Austria and Finland.
Submissions by Albania, Denmark and Switzerland.
Submission by Greece.
Submission by Algeria.
Submission by Egypt.
Submission by Djibouti.
Submissions by the Russian Federation and Switzerland.
Submission by Switzerland.
Submission by Finland.
Submissions by Finland and Malta.
Submission by Azerbaijan.
17