A/HRC/47/30
96.
In Bulgaria, the Border Police provides unlimited access to UNHCR and its NGO
partner to persons detained in the border area to ensure access to the territory and protection.
Monitors can also review documentation relating to the procedures implemented in each
individual case.127
97.
Training of police and migration authorities has been recognized by Mexico as key to
resolving deficiencies and to preventing the repetition of failures. 128 National strategies to
mainstream human rights-based procedures at borders are being developed in El Salvador. 129
98.
Albania has invested in communicating messages to counter the stigmatization of
migrants as posing an increased health risk to the country in the context of the COVID-19
pandemic, and in promoting their equal access to health services.130
99.
Since 2018, in support of the European Union member States most affected by
migration movements in the Mediterranean region, Ireland has committed to relocating
persons disembarked from search and rescue missions from Italy and Malta. 131
IV. Conclusions and recommendations
A.
Conclusions
100. Based on an examination of current global practices, the Special Rapporteur
concludes that the practice of pushbacks is widespread, and in many contexts it has
become a routine element of border governance, with a serious negative impact on the
human rights of migrants. The occurrence of pushbacks may be driven by a variety of
causes: some are rooted in States’ denial of their human rights obligations vis-à-vis
migrants, and others result from discriminatory legislation and policies, or from
bilateral or regional cooperation between States that fails to respect the human rights
of migrants.
101. Pushbacks manifest an entrenched prejudice against migrants, resulting in
discriminatory treatment and a denial of access to human rights-based, genderresponsive and child-sensitive reception, screening and individualized assessment of all
the reasons that may militate against a person’s expulsion. Pushbacks can reflect a
genuine lack of preparedness to provide human rights-based entry and reception
support, particularly for countries that face large movements. A lack of awareness of
States’ human rights obligations and their operationalization by border personnel has
also led to pushback practices.
102. Pushbacks are also sometimes carried out as a form of punishment and supposed
deterrence, denying migrants the protections due in law to retaliate for crossing
irregularly, or for attempting to cross an international border. Such practices
exacerbate the vulnerabilities of migrants and are deeply traumatizing. Crossing an
international border in an unauthorized manner should not constitute a crime, and it
does not deprive migrants of their human rights entitlements, including due process
guarantees.
103. Impunity for pushbacks is prevalent. In many countries, access to justice for
migrants is severely compromised by the lack or failure of internal oversight
mechanisms to adequately address and prevent violations. Independent human rights
monitoring at borders is sporadic and cannot in itself prevent violations or abuses
without the cooperation of the State.
104. States’ prerogative to govern migration within their jurisdiction needs to be
conducted in accordance with international law, including international human rights
127
128
129
130
131
18
Submission by Bulgaria.
Submission by Mexico.
Submission by El Salvador.
Submission by Albania.
Submission by Ireland.