A/HRC/50/31
unprecedented arrival of refugees fleeing Ukraine. At the time of submission of the present
report, at least 4.39 million refugees have fled Ukraine since the Russian Federation invaded
the country on 24 February 2022. In early March, European Union member States agreed to
activate Council Directive 2001/55/EC of 20 July 2001, for the first time, in order to respond
to the needs of those displaced in a coordinated manner.10 The Special Rapporteur welcomes
this initiative and expresses appreciation also to host countries that are not members of the
European Union for announcing solidarity measures that facilitate the immediate and safe
reception of thousands of refugees fleeing Ukraine.11
21.
The Special Rapporteur recalls States’ commitments to protecting lives and to
cooperating internationally to respond to the needs and rights of migrants, including refugees
who face situations of vulnerability, which may arise from the circumstances in which they
travel or the conditions they face in countries of origin, transit and destination, by assisting
them and protecting their human rights. 12 He stresses that efforts to respond to the
humanitarian emergency should be carried out in full respect of the fundamental rights and
freedoms of all persons affected by armed conflict, regardless of race, ethnicity, nationality
or migration status, and without discrimination of any kind.13
22.
The Special Rapporteur also takes note of promising practices in providing emergency
resettlement to Afghan nationals, following the Taliban takeover of the administration of
Afghanistan in mid-2021. Fifteen European Union member States agreed to help close to
40,000 Afghan refugees by providing a safe journey to the European Union as well as
resettlement and humanitarian admission.14 Since September 2021, Brazil has also opened up
new opportunities for the granting of humanitarian visas and residency permits to persons
fleeing conflict and environmental disaster, particularly from Afghanistan and Haiti. 15 Over
300 visas had been issued by Brazil to persons fleeing Afghanistan as of December 2021.16
23.
In addition, the Special Rapporteur notes with appreciation national proposals aimed
at combating pushbacks at the external borders of the European Union.17
2.
Ongoing concerns about the exacerbation of situations of vulnerability for migrants
at international borders
24.
However, the Special Rapporteur remains concerned at the extent of preventable loss
of life and human suffering at international borders, both on land and at sea, which have been
reported from across the globe, and bear witness to the effects of the continuing spread of
dehumanizing border governance tactics, including the use of new and emerging
technologies at borders without adequate risk assessment and relevant safeguards.18 These
tactics also rely on militarized borders, extraterritorial border control and deterrence
measures. 19 Pushbacks, expedited return procedures, limited access to asylum and other
human rights protections, lack of State-led humanitarian assistance, and the criminalization
of irregularly arriving migrants – as well as human rights defenders – increase the
9
10
11
12
13
14
15
16
17
18
19
See Office of the United Nations High Commissioner for Refugees (UNHCR), “Ukraine Refugee
Situation”, Operational Data Portal.
See https://www.consilium.europa.eu/en/meetings/jha/2022/03/03-04/.
See, e. g., the announcement of Canada on 3 March 2022, available at
https://www.canada.ca/en/immigration-refugees-citizenship/news/2022/03/canada-to-welcome-thosefleeing-the-war-in-ukraine.html; details on the response of the Republic of Moldova, available at
https://data2.unhcr.org/fr/documents/details/91445; the announcement of Norway on 4 March 2022,
available at https://www.regjeringen.no/en/aktuelt/temporary-collective-protection-forukrainians/id2903140/; and the announcement of Switzerland on 7 March 2022, available at
https://www.sem.admin.ch/sem/fr/home/sem/medien/mm.msg-id-87494.html.
Global Compact for Migration, para. 23.
See OHCHR, “Ukraine: UN experts concerned by reports of discrimination against people of African
descent at border”, 3 March 2022.
See Ylva Johansson, “The efforts by Member States to help Afghans in need shows #MigrationEU in
action”, 13 December 2021, blog post on European Commission website.
See submission by Cáritas Brasileira.
See submission No. 2 by the Federal University of Uberlandia.
See https://www.lachambre.be/FLWB/PDF/55/2277/55K2277001.pdf.
A/75/590, para. 58, and A/HRC/48/31, para. 59.
See, e.g., submission by Turkey.
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