A/HRC/50/31 lawyers, journalists and other observers by declaring a state of emergency, and by subsequently amending the Act on the Protection of the State Border.52 37. The Special Rapporteur is extremely concerned by the accumulated impact of these measures on the human rights of migrants, including refugees arriving at the borders of these States. He has been engaging with concerned States through communications53 and issued a public statement.54 The practical implementation of restrictions have reportedly led to the death of at least 19 migrants within the Polish-Belarusian border zone,55 with many more risking serious illness and injury due to prolonged stays in an inhospitable environment in the forests, without adequate assistance, and exposed to freezing temperatures. 56 Nongovernmental organizations have also recorded instances of violence from Lithuanian and Polish border guards during pushbacks, as well as from Belarusian border guards, who forced migrants towards the border. 57 Those summarily returned to Belarus reportedly faced illtreatment and detention as well as onward removal to countries of origin without an individualized assessment and in breach of the principle of non-refoulement. The shuffling of migrants across the borderline by Belarusian border guards has also led to several cases of family separation.58 38. In Slovenia, amendments to the Foreigners Act that came into effect in May 2021 enable the suspension of the right to asylum “in case of a migrant emergency”. In addition, the Special Rapporteur notes with concern that parliament has failed to remedy the malpractice of removing migrants from the country without a return decision. 59 39. Some countries of destination have argued that their policies are the result of the deliberate encouragement and facilitation of human mobility by other countries for political motives.60 In this regard, the Special Rapporteur condemns the use of migrants as a political tool in violation of their human rights and, at the same time, reaffirms that, despite those allegations, the right to seek asylum must remain in effect under all circumstances. 2. The impact of pandemic-related measures on border and immigration governance 40. As documented by the Special Rapporteur, the public emergency arising from the COVID-19 pandemic has disproportionately impacted on the rights of migrants through border closures and emergency measures.61 Migrants continued to face restrictions on their rights, including to liberty of movement, when left stranded or stuck at international borders or forced to leave States. 41. Numerous reports indicate the arbitrary and collective expulsion of over 1.6 million migrants from the United States since March 2020, justified on the grounds of the health emergency caused by the pandemic. The expulsion orders are issued on the grounds of Title 42 of the United States Code, enabling immigration authorities to block entry into the United States and to expel non-citizens without adequate procedural protections, and often depriving them of their right to seek asylum and to be protected against refoulement.62 These policies have been continuously renewed since first enacted by the Trump administration in 2020 and 52 53 54 55 56 57 58 59 60 61 62 See Helsinki Foundation for Human Rights submission. In relation to the detention and obstruction of the work of three journalists, the Supreme Court of Poland ruled in January 2022 that such blanket restrictions on staying in the entire area of the border zone were unconstitutional and could not provide legitimate grounds for criminal prosecution. See also OHCHR, “Press briefing notes on Poland/Belarus border”, 21 December 2021. See communications POL 5/2021 and BLR 7/2021. See https://www.ohchr.org/en/press-releases/2021/10/belarus-and-poland-stop-sacrificing-migrantlives-political-dispute-un. See Helsinki Foundation for Human Rights submission. See statement by the Council of Europe Commissioner for Human Rights, 19 November 2021, available at https://www.coe.int/en/web/commissioner/-/commissioner-calls-for-immediate-access-ofinternational-and-national-human-rights-actors-and-media-to-poland-s-border-with-belarus-in-orderto-end-hu. See Médecins sans frontières submission No. 1. Ibid. See submission by the Human Rights Ombudsman of Slovenia and A/HRC/47/30, para. 66. See submission by Greece and reply by Poland to communication POL 5/2021. See A/76/257. See submission by UCLA Law School. 9