A/72/173
(f) Laws, policies and practices that criminalize undocumented migration
are abolished and replaced by legislation and regulations that qualify undocumented
entry as an administrative rather than a criminal offence
(g) International cooperation is reduced with regard to immigration policies
of externalization, according to which migrants are prevented from moving on and
obliged to remain in countries of transit in which their rights are not respected, and
all international cooperation on immigration policies includes the strengthening of
the national human rights systems and institutions of co untries of origin and transit
(h) Returns are decided after following a strict procedure in which the
migrant is duly represented, has access to appropriate legal assistance and
interpretation services and has an effective opportunity to explain why a re turn
would not be in respect of his or her rights
(i) Reintegration programmes are provided for migrants who are returned to
their countries of origin
(j) Disaggregated data on all aspects of border management, including
return of migrants, is collected and analysed
Goal 4.
End the use of detention as a border management and deterrence tool
against migrants
Rationale
57. It is a worrying trend that immigration detention is extensively used as a
border management and deterrence tool against migrants and too often as a means to
prevent their access to justice. In line with international human rights law, freedom
must be the default position and detention the exception, used only as a measure of
last resort. Detention must be reasonable, necessary, proportionate, decided on a
case-by-case basis and enforced for the shortest possible period of time.
Administrative detention can be justified only if an individual presents a danger to
the public or risks absconding when his or her presence is necessary in further
proceedings, and such determinations must be made individually and on the basis of
evidence. Furthermore, when detention becomes a routine measure of border
enforcement, it may be, per se, arbitrary insofar as it is neither an exceptional
measure of last resort nor based upon a meaningful individualized assessment of
risk.
58. The increasing practice of migration detention is not automatically
accompanied by assurances of legal guarantees and basic human rights protection
for detainees. The access of migrants to justice is severely hampered by a failure to
guarantee appropriate detention safeguards for vulnerable individuals and access to
proper legal representation, legal aid, consular services, interpretation and
translation services and effective remedies.
59. The impact of prolonged detention, coupled with the frequently inhumane
detention conditions (namely, overcrowding, unsanitary personal hygiene facilities
and kitchens and insufficient access to health care, family members, lawyers,
international or civil society organizations and physical and recreational activities),
has a devastating effect on the physical and mental health of migrants. Long periods
of immigration detention can also lead to sustained barriers to the ability of
migrants to claim their economic and social rights, even after having been released.
60. Unaccompanied migrant children and families with children must never be
detained for reasons relating to their administrative immigration status. The
detention of children, even for short periods, can have severe psychological
consequences for their development. The Committee on the Rights of the Child and
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