A/HRC/47/30
risks. 54 The Polish Commissioner for Human Rights has documented similar cases since
2015.55
1.
Use of force in pushback operations
62.
The Special Rapporteur reiterates his concerns that some pushbacks have also
involved the use of force, in violation of international norms and standards, such as beatings,
electric shocks, forced river crossings, the stripping off of clothes, in some cases in adverse
weather conditions, forced stress positions, gender-insensitive body searches and spraypainting the heads of migrants with crosses – treatment that appeared to be designed to
subject migrants to torture and other cruel, inhuman or degrading treatment. 56 In other cases,
migrants arriving in larger groups have been targeted by indiscriminate use of chemical
irritants, water cannons and kinetic impact projectiles by law enforcement authorities as a
strategy for preventing entry and breaking up and dispersing groups. 57 Such incidents have
deplorably resulted in serious injuries and even the loss of life. An incident in June 2020,
during which Iranian authorities violently pushed back a group of Afghan migrants through
a border river, resulted in the death of at least 10 individuals, including one child, and in the
disappearance of 15 others.58
2.
Bilateral and multilateral agreements
63.
The Special Rapporteur welcomes the fact that States are entering into bilateral and
multilateral agreements to provide joint responses to migration-related challenges. These
cannot, however, be used as a strategy to bypass human rights obligations or to rubber-stamp
migrant removals without individual safeguards.
64.
Decisions to return migrants to a “safe” country – not necessarily the migrant’s
country of origin – on the basis of readmission agreements can risk violating the prohibition
of collective expulsions or the principle of non-refoulement if such decisions do not contain
an individualized assessment of each migrant’s situation.59 Diplomatic assurances providing
guarantees between sending and receiving States are inadequate to genuinely address
individual refoulement risks.60
65.
Since 2004, an agreement between the Government of Canada and the Government
of the United States of America – the Safe Third Country Agreement – has restricted access
to territory and asylum. Except in cases where one of the few exceptions apply,61 individuals
54
55
56
57
58
59
60
61
European Court of Human Rights, M.K. and others v. Poland (applications Nos. 40503/17, 42902/17
and 43643/17).
The submission of the Commissioner for Human Rights of Poland also noted that non-governmental
organizations were denied access to the premises where such procedures were conducted.
See the joint statement by Special Rapporteurs, 19 June 2020, available at
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25976. See also CRO 1/2020,
available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25355,
and the response by Croatia, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadFile?gId=35470; and the submission by
Croatia.
See, for example, the Secretary-General’s press conference of 16 September 2015 (as pertains to
Hungary), available at www.un.org/sg/en/content/sg/statement/2015-09-16/secretary-generals-pressconference-full-transcript; “UNHCR disappointed by scenes of violence at Idomeni”, 11 April 2016,
available at www.unhcr.org/news/latest/2016/4/570bb49d6/unhcr-disappointed-scenes-violenceidomeni; and the statement by the Special Rapporteur on the human rights of migrants (on Greece),
23 March 2020, available at
www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25736&LangID=E.
See IRN 15/2020, available at
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=25360.
A/HRC/37/50, para. 44.
Ibid., paras. 45–48.
Submission by Canada. Exceptions include persons with a family member in Canada, unaccompanied
minors, persons who hold a valid travel document issued by Canada, and persons who are from a
visa-exempt country for Canada but require a visa to enter the United States of America, as well as
11