A/72/287
that legislation in one country allows for the removal of citizenship of foreign -born
nationals who hold no other nationality. 36
Measures targeting refugees and asylum seekers
30. The Special Rapporteur was informed that, responding to fears concerning the
link between terrorism and the influx of refugees, many countries have enacted
overly restrictive migration policies and xenophobic measures targeting asylum
seekers and refugees. One Eastern European country has tried to keep refugees and
asylum seekers out of the country by proclaiming a “state of emergency due to mass
migration”. 37 The Government has empowered the police and military to support the
asylum authority in instituting expedited border procedures in so -called “transit
zones”. At the same time, judicial review of asylum decisions has been limited. In
addition, new amendments to the country’s Criminal Code have led to the
criminalization of refugees and migrants who enter the country irregularly through
its southern border. The amendments allow for the imposition of a wide range of
penalties, including criminal convictions, prison sentences and mandatory
expulsion. 38
31. Across several Western European countries, the Special Rapporteur observed
situations in which Governments failed to fully comply with the international law
principle of non-refoulement. Some countries have deported individuals identified as
threats to national security, even though they face a serious risk of persecution when
returning to their countries of origin. A deportation order in one country was issued
despite the fact that the country’s own protection appeal body had determined that the
deported person was likely to experience torture if returned to his country of origin. 39
32. The Special Rapporteur was informed that, in May 2016, the Government of
one East African country planned the closure of a large refugee camp. Citing
national security concerns as partly informing the decision, the Government
announced that refugees living in the camp would be returned to their home
countries. The decision was later revoked, as the country’s High Court found that
the closure of the camp was illegal on the grounds that it would discriminate against
refugees belonging to one particular ethnic minority. 40
33. The Special Rapporteur also notes with concern that prejudice and fear have
manifested in inhumane policies towards Muslim refugees in the Asia -Pacific
region. He concurs with the Special Rapporteur on the human rights of migrants,
who criticized the practice of detaining refugees in offsh ore immigration detention
facilities and regional processing centres. In particular, he expressed concern at the
securitization of migration and border control, the punitive approach towards
irregular migration and the wide range of human rights violations that have been
documented in such facilities. 41
3.
Overly broad counter-terrorism legislation
34. The Special Rapporteur is concerned that, contrary to the principle of legality
and the rule of law, many States have adopted legislation with vague and overly
broad definitions of terrorism. 42 The penal and criminal codes of some European
__________________
36
37
38
39
40
41
42
17-13397
See from https://perma.cc/7VAG-Y4AW.
See https://goo.gl/9rtivf.
Amnesty International, “Dangerously disproportionate”, pp. 21 -22.
Ibid., pp. 64-68.
See https://perma.cc/F2CN-S2AS.
A/HRC/35/25/Add.3, para. 33.
Human Rights Watch, “Overreach: how new global counterterrorism measures jeopardize rights”,
2017.
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