A/HRC/59/49/Add.2
V. Conclusions and recommendations
A.
Conclusions
51.
The visit of the Special Rapporteur took place amid fast-changing dynamics of
human mobility in Panama and the region. The Special Rapporteur observed the
significant decrease in the number of migrants and refugees travelling north through
the Darién region. He also noted the gradual increase in reverse movements from the
north and the arrival of deportation flights from the United States, which added new
dimensions to the already complex realities of domestic and regional mixed
movements.
52.
The Special Rapporteur recognizes efforts made by Panama to address the
humanitarian needs of people on the move through a controlled corridor and to
register, retrieve and identify migrant victims of disappearance. The Special
Rapporteur nevertheless notes with concern the limitations of a security-oriented
approach to migration and border governance and its negative impact on the human
rights of migrants and refugees.
53.
The Special Rapporteur is saddened by testimonies shared by migrants and
refugees about the crimes and violence, including sexual and gender-based violence,
that they experienced in the jungle and the pervasive culture of impunity. In view of a
significant decrease in the number of migrants and refugees transiting through the
jungle, migrants and refugees may be targeted further and face heightened risks. The
same would apply to local women and girls.
54.
Noting the commitment made by the asylum authorities to improving the
system, the Special Rapporteur stresses that all countries have a responsibility to
ensure robust and fair asylum procedures. This responsibility includes the provision
of adequate protection and support to asylum-seekers and refugees, regardless of their
intended destination. Self-identification as a country of transit does not justify a
deficient asylum system.
55.
It is imperative that countries uphold their international obligations to prevent
refoulement and ensure the rights and safety of all individuals seeking asylum within
their borders. Such obligations are extremely relevant in the context of Panama
receiving deportation flights from the United States.
56.
The suspension of foreign aid by the United States has had a negative impact on
the capacity of the State and of the relevant United Nations entities and civil society
organizations to deliver services and carry out protection work. Concerns were raised
with the Special Rapporteur in relation to funding shortfalls and the negative impact
that they could have, leading to serious gaps in services and protection.
B.
Recommendations
57.
The phenomenon of mixed movements is a shared and common challenge
among States in the region. The Special Rapporteur recommends that Panama
collaborate closely with Colombia and Costa Rica, and other stakeholders, to ensure
the protection of the human rights of migrants and refugees and their safe passage
through the country. The State authorities should consult and collaborate with
provincial, municipal and local authorities and communities.
58.
The Special Rapporteur encourages Panama to address the limitations of its
security-oriented approach to migration and border governance and enhance
protection of the human rights of migrants and refugees.
59.
Regarding the violence and crimes committed against migrants in the jungle in
the Darién region, the Special Rapporteur urges Panama to intensify efforts to
investigate and punish perpetrators, particularly perpetrators of sexual and
gender-based violence. Given the prevalence of these crimes, Panama should consider
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