A/80/302 responsibility-sharing, as supported by various international instruments. 6 The primary aim of externalization is to shift responsibility for migrants and refugees to other States and is at variance with the principle of good faith. 7 3. The Special Rapporteur on the human rights of migrants has addressed specific externalization measures in his public communications. 8 In the present report, he seeks to build on the existing body of recommendations and offer a comprehensive assessment of externalization practices through the lens of human rights protection, transparency and accountability. By discussing risks to the human rights of migrants associated with externalization practices, the Special Rapporteur aims to clarify key questions related to State extraterritorial jurisdiction and responsibility under international law. 4. The Special Rapporteur welcomes the written submissions received that informed the content of the present report. 9 In addition, the Special Rapporteur organized several informal consultations with academics and NGOs and consulted publicly available reports and academic research. 5. In the thematic part of the report, he describes externalization policies and measures, identifies the human rights of migrants that are at greatest risk of being violated in the context of externalization, addresses transparency and accountability in the context of externalization and examines the issue of legal responsibility for human rights violations associated with externalization measures. The final section contains conclusions and recommendations. II. Externalization policies and measures 6. In the present report, the Special Rapporteur provides a non-exhaustive overview of externalization policies and measures, grouping them into three categories: (a) prevention of arrival; (b) extraterritorial asylum processing; and (c) readmission or expulsion to third States. 10 Although they are addressed as separate categories, in practice, they may be used in combination with additional measures. The Special Rapporteur will continue to monitor and report on such practices. A. Prevention of arrival 7. This form of externalization involves a policy under which “border control no longer takes place at the physical borders.” 11 Externalizing States employ a range of measures to prevent migrants from arriving in their territory, including preventing departure from and transit through third States and entry into their territories. These __________________ 6 7 8 9 10 11 4/23 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, arts. 64–65 and 67; Global Compact for Safe, Orderly and Regular Migration and Global Compact on Refugees; and A/HRC/50/31, para. 47. Although UNHCR has expressed its concern at externalization practices, specifically highlighting their potential to violate international law, it notes that States can cooperate in ways that are consistent with their international legal obligations, including through lawful transfer arrangements that guarantee access to international protection and responsibility-sharing (see submission by UNHCR). Emilie McDonnell, “Externalisation as a breach of the good faith principle”, Externalizing Asylum, June 2024. See https://spcommreports.ohchr.org/TmSearch/Mandates?m=33. The submissions received are available at www.ohchr.org/en/calls-for-input/2025/call-inputsexternalization-migration-and-impact-human-rights-migrants. For related categories, see Council of Europe, Commissioner for Human Rights, “Externalised asylum and migration policies and their human rights impact”, 2025. A/HRC/23/46, 2013, para. 55 25-12609