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.

Select target paragraph3