A/HRC/47/30
57.
The Special Rapporteur remains concerned at reports of large-scale pushbacks of
migrants from Algeria to the Niger since 2014, 45 which amount to collective expulsions.
These pushbacks are allegedly carried out both through “official” repatriation convoys of
Nigerien migrants by Algerian law enforcement authorities, as well as through unannounced
collective expulsions, close to the border with the Niger, of non-Nigerien migrants, the
majority of whom are from the Economic Community of West African States region, leaving
hundreds stranded in a desert environment. 46 Algeria has reportedly unlawfully expelled
migrants of at least 20 nationalities to Niger, including many women and children, as well as
asylum seekers from African and Middle Eastern countries; in some cases, security personnel
have reportedly separated children from their families during mass arrests, and stripped
migrants of their belongings.47
58.
In 2020, thousands of migrants were expelled collectively from Libya and most of
them were sent to Chad, Egypt and the Sudan.48 Pushbacks included persons apprehended
near the border area, as well as those detained in urban areas throughout the country and held
in detention centres prior to removal, which occurred with no access to asylum or
individualized procedures, often involving dangerous transport through the desert in unsafe
vehicles, and has included nationals of third countries in conditions that create risks of chain
refoulement.49
59.
In Cyprus, pushbacks of migrants and refugees to Lebanon and Turkey were reported,
including those of Lebanese, Palestinian and Syrian origin, without an individualized
assessment of their protection needs or of the risks to them upon return.50 Since March 2020,
Cypriot coastguard forces are said to have summarily pushed back, abandoned, expelled or
returned more than 200 people at sea arriving from Lebanon. 51 Syrian refugees returned by
the Turkish Cypriot administration to Turkey were particularly at risk of chain refoulement
to the Syrian Arab Republic.52
60.
Mexico and Guatemala have reportedly apprehended and returned migrants departing
mostly from Honduras and travelling in so-called “caravans”, without providing them with
access to individualized procedures. In Guatemala, reports indicate that “caravans” faced
discriminatory and stigmatizing attitudes. In September 2020 and January 2021, the
Government of Guatemala declared a state of alarm (estado de prevención) across several
departments, effectively authorizing the use of force to dissolve assemblies, linking migrants
in “caravans” to the spread of COVID-19.53
61.
In Poland, the Border Guard has been found by the European Court of Human Rights
to have implemented a “consistent practice of returning people to Belarus”, a policy which
amounted to collective expulsion, in relation to Russian asylum applicants from Chechnya,
including children, whose repeated applications at the border were not subject to proper
review, and who were removed without proper assessment of substantial chain refoulement
45
46
47
48
49
50
51
52
53
10
Migration Trends from, to and within the Niger: 2016–2019, sect. 3.3 (p. 12) and sect. 3.5 (p. 15),
available at https://publications.iom.int/system/files/pdf/iom-niger-four-year-report.pdf.
See A/HRC/41/38/Add.1.
Ibid.; and Human Rights Watch, “Algeria: migrants, asylum seekers forced out”, 9 October 2020,
available at www.hrw.org/news/2020/10/09/algeria-migrants-asylum-seekers-forced-out.
Amnesty International, “Between life and death, refugees and migrants trapped in Libya’s cycle of
abuse”, pp. 33–34, available at
www.amnesty.org/download/Documents/MDE1930842020ENGLISH.pdf; and OHCHR, press
briefing note on Libya, 28 April 2020, available at
www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25834&LangID=E.
Amnesty International, “Between life and death, refugees and migrants trapped in Libya’s cycle of
abuse”, pp. 33–34.
A/HRC/46/23, para. 40.
Submission by Human Rights Watch.
Submission by KISA and EuroMed Rights.
Submission by Franciscans International.