A/HRC/59/49/Add.2
B.
Reverse movement
45.
While migration movement from south to north through the Darién region is
decreasing, communities living at the border with Costa Rica have started witnessing the
return of migrants who were travelling to the United States, Mexico and other countries in
Central America. This reverse movement of individuals is gradually increasing. While most
seek alternate and safe routes, some migrants and refugees on the move have travelled back
to Colombia through the Darién region. Women and girls in reverse movements are often
more exposed to risks such as trafficking in persons and smuggling, sexual exploitation and
abuse.
46.
During the visit, the Special Rapporteur was informed that hundreds of migrants and
refugees were in Paso Canoas, a city on the border between Costa Rica and Panama, having
reportedly been refused entry by the Panamanian authorities. A small group of individuals
that had crossed the border irregularly was later identified by the national police and the
National Border Service at a subsequent checkpoint, and returned to the Costa Rican side of
the border. The lack of legal pathways has forced individuals to use alternative, and often
more perilous, routes to enter Panama to avoid detection by the migration authorities.
47.
To address the phenomenon of reverse movement, Panama and Costa Rica recently
established a protocol for the return of persons by bus from the temporary stay centre for
migrants in Costa Rica to one of the migrant reception centres in the Darién region.
Reportedly, these individuals would subsequently be deported to their countries of origin.
In the absence of diplomatic relations between Panama and the Bolivarian Republic of
Venezuela, migrants and refugees from the latter would be deported to Colombia via a
maritime route. This agreement appears to be part of an expanded version of the
memorandum of understanding with the United States. It is believed that an airstrip in
Nicanor, in the Darién region, would be used for repatriation and/or deportation flights.
C.
Deportation flights
48.
In the meantime, since 12 February 2025, Panama has started receiving flights,
transporting third-country nationals, from the United States. Between 12 and 15 February,
Panama received three deportation flights with 299 such individuals, including women and
children. These individuals were first confined to a hotel in Panama City. During the visit,
the Special Rapporteur received very little information on these individuals and their
situation. Their profile and legal status were unclear, and the time frame for deportations
under the expanded memorandum of understanding was unknown. The Special Rapporteur
raised concerns in relation to the lack of procedural safeguards, including independent
monitoring in the deportation process, and the inadequate material conditions in the
facilities to be used to detain migrants prior to their deportation.
49.
Overall, the Special Rapporteur raised concerns about uncertainty regarding the
following issues: due process and procedural safeguards of such arrangements; the legal
and migration status of these individuals; the legal basis for their detention; their access to
information about their rights, in a language that they understand; safeguards in place to
ensure their right to challenge the lawfulness of their detention; their access to asylum
procedures; and safeguards to uphold the principle of non-refoulement, including
individualized assessment of protection needs.
50.
According to updates received after the visit, the Special Rapporteur learned that
among the 299 individuals, those agreed to be repatriated stayed at the hotel in Panama City
prior to their repatriation, while those who expressed fear about returning were brought to
the migrant reception centre in San Vicente and detained there. On 8 March 2025, Panama
released 112 individuals from the centre, giving them 30 days to leave the country, with the
possibility of applying for a temporary humanitarian permit to extending their stay to up to
90 days.
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