A/HRC/50/31 IV. Conclusions and recommendations A. Conclusions 70. The Special Rapporteur concludes, based on an examination of developments since early 2021 in the context of border governance affecting the human rights of migrants, that pushbacks remain de facto general policy in many States and continue to seriously impede the enjoyment of the human rights of migrants who cross international borders. The full spectrum of such violations often remains hidden, due to State-led attempts to dismiss or cover up allegations of wrongdoing. Steps taken to legalize pushbacks in some States are squarely incompatible with the prohibition of collective expulsions and the principle of non-refoulement. Decisions to return migrants to a safe third country on the mere basis of readmission agreements risk violating the prohibition of collective expulsions or the principle of non-refoulement if such decisions do not contain an individualized assessment of the situation and individual protection needs of each migrant. 71. Despite the above, some progress has been made towards preventing systemic human rights violations at borders, and towards fulfilling the rights of migrants who have suffered human rights violations or abuses as a result of border governance measures. Such progress has been primarily achieved through national and regional courts, and has not been followed by resolute changes in government policy and border governance strategies. 72. The Special Rapporteur notes that reports of pushbacks, including accounts by authoritative international and national organizations tasked with preventing torture and ill-treatment, are often dismissed by State authorities and are not investigated promptly, thoroughly and independently. Private search and rescue service providers and humanitarian aid workers are frequently barred from border areas despite the lack of legitimate reasons for such measures, and contrary to the State’s basic moral duty to ensure every person’s right to life is secured in these, often inhospitable areas. Journalists, civil society organizations and human rights defenders, including those involved in border monitoring, continue to face retribution for their work, and for raising the alarm about deadly and life-threatening border governance practices, including examples of externalization to shift or avoid international protection obligations. The need for the development of truly independent national border monitoring arrangements remains pressing. 73. The Special Rapporteur notes with concern that some States have taken action to provide immunity to law enforcement officers for pushbacks, which may lead to the normalization of abusive and violent border governance tactics and continuing impunity for violations of the human rights of migrants. As shown, if pushbacks become a routine element of border governance there will be severe, long-term consequences for the health and well-being of migrants. 74. The Special Rapporteur is concerned that States continue to employ border governance measures that exacerbate situations of vulnerability, including those based on multiple and intersecting forms of discrimination, such as on the basis of race, ethnicity, nationality and migration status. All efforts should be directed at ensuring that migrants are not criminalized, punished or discriminated against simply for migrating. 75. The Special Rapporteur reiterates his support for the development of effective independent monitoring mechanisms in national law and at the European Union level through the pending New Pact on Migration and Asylum. He stresses that the involvement of expert organizations in the development and delivery of border monitoring is fundamental to ensure the independence and efficiency of those processes and to improve access to justice and accountability for violations of the human rights of migrants at borders. He calls upon States to promote the inclusion of national human rights institutions and a wide spectrum of civil society actors to ensure the legitimacy and accessibility of border monitoring. 17