A/73/178/Rev.1
witnesses, obtain legal assistance and gain access to the courts to defend their rights,
which, moreover, helps to fight impunity. 31
35. The Committee on the Protection of the Rights of All Migrant Workers and
Members of Their Families has affirmed that the establishment of “firewalls” to
protect such workers in their interaction with public authorities is one of the measures
that should be taken by States. 32 Furthermore, joint general comment No. 3 (2017) of
the Committee on the Protection of the Rights of All Migrant Workers and Members
of Their Families and No. 22 (2017) of the Committee on the Rights of the Child on
the general principles regarding the human rights of children in the context of
international migration notes that “States parties should implement a ‘firewall’ and
prohibit the sharing and use for immigration enforcement of the personal data
collected for other purposes, such as protection, remedy, civil regist ration and access
to services”. 33
36. In terms of labour protection, the International Labour Organization (ILO) has
noted that “firewall” protections are needed between the authorities responsible for
labour inspections and the immigration authorities, to ensure that migrant workers
who suffer abuse have access to effective remedies and redress, including financial
compensation. 34
37. The United Nations High Commissioner for Human Rights (UNHCR) has also
recommended that States include explicit guarantees for the protection of personal
data in information-sharing agreements concluded between States, as well as between
agencies within the same State. These guarantees should include establishing
“firewalls” between immigration authorities and public services. 35
1.
Laws, policies and practices that foster firewall protections
38. Despite the fact that the current global context — characterized primarily by a
security-centred approach and the criminalization of irregular immigr ation — is
largely at odds with the existence of “firewalls” between public services and
immigration authorities, it is possible to identify some good practices, most of which
tend to occur at the local and regional levels. 36 These are the levels at which a greater
number of public services are provided, and which are generally not responsible for
immigration enforcement or the implementation of immigration legislation. Of note
in that regard are measures designed to encourage or ensure migrants ’ access to public
services and their participation in the community, as well as the laws and practices
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31
32
33
34
35
36
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The European Union Agency for Fundamental Rights, Apprehension of migrants in an irregular
situation, 2013.
A/69/48, para. 16.
Para. 17. At the European regional level, see also the European Union Agency for Fundamental
Rights, Apprehension of migrants in an irregular situation, 2013 and ECRI, General Policy
Recommendation No. 16, 2016, p. 15.
International Labour Organization (ILO), Committee of Experts on the Application of
Conventions and Recommendations, Promoting fair migration — General Survey concerning the
migrant workers instruments, report III (1B), 2016, paras. 480–482.
Office of the United Nations High Commissioner for Refugees (UNHC R), Recommended
Principles and Guidelines on Human Rights at International Borders . See also
A/HRC/37/34/Add.1.
For example, see United Nations Children’s Fund (UNICEF), Beyond borders: how to make the
global compacts on migration and refugees work for uprooted children , 2017, p. 26, where it is
noted that “in cities including Geneva, Munich and Seoul, the solution has been to establish
‘firewalls’ that keep information from being shared between service providers and immigration
authorities”.
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