A/HRC/41/38/Add.1 (f) Design and implement “firewalls” to separate immigration enforcement and counter-smuggling activities from public service provision, labour law enforcement and criminal justice processes to ensure that migrants in irregular situations, including those in transit, can access these services and assistance provided by humanitarian actors without fear and repercussions; (g) Ensure the transparency, oversight and accountability of readmission agreements, including bilateral agreements with Algeria, and facilitate independent monitoring – by the National Human Rights Commission, civil society organizations and OHCHR – of human rights at the international border and in the context of the transit, return and reintegration of migrants; (h) In the context of forced returns to the Niger or other arrivals, conduct individual human rights risk assessments upon arrival in order to identify migrants in vulnerable situations who are victims or at risk of human rights violations, determine their protection and assistance needs and take measures to prevent violations of their human rights in returning countries; (i) For Nigerien returnee migrants, put in place human rights-based reintegration programmes and independent mechanisms to monitor their human rights, design effective human rights protection responses and ensure their access to complaint mechanisms and remedies; (j) Adopt and support the implementation of strategies on migrants in vulnerable situations, including by creating mechanisms and resources to ensure that the status of migrants in vulnerable situations can be determined individually, fairly and reliably, and respecting the principle of non-refoulement, following the guidance provided by the Global Migration Group Principles and Guidelines, Supported by Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable Situations; (k) Never detain children based on their migration status but adopt noncustodial care and community responses instead. Unaccompanied children should only be returned when it has been determined to be in their best interests through an appropriate procedure before a competent institution that includes their proper representation; (l) Establish accessible complaint mechanisms for migrants, including childfriendly complaint mechanisms for children, as well as legal information and aid in a language that they understand, ensuring their access to justice for violations of their human rights; (m) Ensure prompt, impartial and independent investigations of violations of the human rights of migrants; (n) Promote regular intraregional and interregional channels for migration and labour mobility, ensure that regular, safe, accessible and affordable channels for migration are available, decriminalize illegal border crossings and combat the stigma and discrimination associated with irregular migration; (o) Take appropriate legislative, policy and practical measures to ensure that border management and measures aimed at addressing irregular migration and combating smuggling activities are in line with international human rights law, following the guidance provided by the OHCHR Recommended Principles and Guidelines on Human Rights at International Borders; (p) Disseminate the present report and its recommendations among all concerned national stakeholders. B. Recommendations to the Economic Community of West African States and its member States 73. The Special Rapporteur recommends that ECOWAS and its member States: 17

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