A/80/302
(d) Discontinue existing externalization agreements with countries that
unable or unwilling to uphold their human rights obligations;
(e) Abide at all times with the principles of non-refoulement and
prohibition of collective expulsion, including at borders and on the high seas;
(f) Refrain from any measure that would amount to or lead to arbitrary
detention, torture and ill-treatment, arbitrary deprivation of life, enforced
disappearance and racial discrimination, and ensure that people are able to
enjoy socioeconomic rights and the right to leave any country, including one’s
own;
(g) Refrain from the transfer, including through pullbacks,
readmission of migrants to third States without individualized assessment;
or
(h) Ensure that any arrangement for the transfer of migrants, refugees or
asylum-seekers contains legally binding guarantees of adequate treatment, a fair
and effective asylum procedure and international protection and solutions,
where relevant, as well as safeguards to ensure dignity and sustainability in line
with international human rights and refugee law;
(i) Uphold due process guarantees, including by ensuring access to an
individualized examination and the right to an effective remedy with suspensive
effect ensuring protection from removal during the time when the appeal body
considers the case;
(j) Ensure that all cooperation arrangements uphold and strengthen the
effectiveness of the search and rescue regime, including with respect to
disembarkation in a place of safety, in accordance with international human
rights and refugee law and the international law of the sea;
(k) Stop all forms of support, in particular financial and technical
support, including the provision of equipment and surveillance and other
technology, to States and other actors engaging in human rights violations;
(l) Suspend all cooperation arrangements facilitating technology transfer
and technical assistance for digital border governance purposes in which human
rights are not explicitly guaranteed;
(m) Ensure that all agreements include provisions for effective humanrights-based support for migrants and refugees in third States, including
integration assistance, as well as resettlement opportunities and access to legal
pathways from third States;
(n) Assess systematically whether project activities implemented by
international organizations and NGOs comply with human rights standards;
(o) Before entering into agreements, ensure that partners, including
non-State actors, such as international organizations, NGOs and private actors,
have a demonstrated human rights record and a commitment to due diligence
and the “do no harm” principle, and systematically assess compliance with these
principles throughout contract implementation by exercising adequate
oversight;
(p) Enter only into agreements that are made publicly available and
subject to parliamentary scrutiny, and publish all agreements that are currently
in effect, including informal ones;
(q) Ensure that human rights impact assessments are conducted in
advance and in systematic manner, including the identification of mitigating
measures, and make such assessments public;
22/23
25-12609