A/80/302 under agreements with third States also carry a risk of migrants being subjected to enforced disappearance. Migrants are often untraceable because their whereabouts are not registered or communicated to relatives and legal representatives. 81 I. Socioeconomic rights 39. Individuals subject to externalization measures may risk facing poverty and destitution in the third State. 82 There have been reported cases of a lack of access to necessities, such as drinking water, a sufficient food supply and sanitary facilities. 83 In addition, people whose asylum claims have been processed in offshore locations and who are awaiting resettlement in a third State might face obstacles when attempting to enjoy basic socioeconomic rights, including the right to adequate healthcare. 40. Under the International Covenant on Economic, Social and Cultural Rights, States are required to ensure a basic level of the rights enshrined therein for everyone under their jurisdiction, including non-nationals, regardless of their legal status. 84 Key rights include the right to enjoy the highest attainable standard of physical and mental health (art. 12 (1)), the right to education (art. 13 (1)) and the right to an adequate standard of living (art. 11 (1)), which includes sufficient food, clothing and housing. In addition, the right to social security (art. 9) gives rise to a minimum core obligation to guarantee every person within a State’s jurisdiction, in particular disadvantaged and marginalized individuals and groups, access to a minimum level of social assistance that would enable them to acquire at least essential health care, basic shelter and housing, water and sanitation, foodstuff and the most basic forms of education. 85 J. Racial discrimination 41. Migrants risk suffering from racial discrimination as a result of externalization measures. There have been reported cases of racist hate speech in third States targeting migrants and acts of racial discrimination. 86 Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence is prohibited by the International Covenant on Civil and Political Rights (art. 20 (2)). The International Convention on the Elimination of All Forms of Racial Discrimination prohibits racial discrimination (art. 1 (1)) and propaganda based on ideas of superiority of one group of persons of one colour or ethnic origin that promote racial hatred and discrimination (art. 4). IV. Transparency and accountability 42. Human rights violations may be enabled by the opaque manner in which externalization agreements are negotiated and the lack of independent oversight mechanisms and accountability. Transparency and accountability in public action are crucial elements of the rule of law and good governance; they serve as a framework __________________ 81 82 83 84 85 86 25-12609 See A/HRC/59/49, para. 23; and communications USA 14/2025 and SLV 1/2025. Annick Pijnenburg, “Migration deals seen through the lens of the ICESCR”, International Journal of Refugee Law, vol. 35, No. 2 (June 2023), pp. 151–170. Communications OTH 129/2024 and TUN 6/2024 and the replies thereto. Committee on Economic, Social and Cultural Rights, general comment No. 20 (2009), para. 30. Committee on Economic, Social and Cultural Rights, general comment No. 19 (2007), para. 59 (a). Communications TUN 3/2003, OTH 129/2024 and TUN 6/2024 and the replies thereto . 15/23