A/HRC/50/31
B.
Recommendations
76.
The Special Rapporteur reiterates his call upon States and all relevant
stakeholders to make use of the OHCHR Recommended Principles and Guidelines on
Human Rights at International Borders.
77.
The Special Rapporteur stresses that States should increase their efforts to
develop a human rights-based, gender-responsive, age- and child-sensitive approach to
migration and border governance that ensures that the human rights of migrants,
including those in irregular situations, are always the first consideration.
78.
The Special Rapporteur urges Member States to put an end to pushback
practices, to suspend, cancel and revoke, as necessary, initiatives to legalize pushbacks,
and to respect fully the prohibition of collective expulsion and uphold the principle of
non-refoulement.
79.
The Special Rapporteur reminds States of their duty to provide prompt,
adequate and effective search and rescue services for migrants in distress on land and
at sea. Life-saving assistance should be a fundamental element of national border
governance strategies to protect the lives of people crossing international borders and
prevent migrant deaths and injuries. Any search and rescue unit receiving information
about a distress incident should take immediate action if in a position to assist.
80.
The Special Rapporteur calls on States not to impose any penalty or restriction
on search and rescue services and life-saving humanitarian assistance taken by civil
society organizations and other private actors on land and at sea, nor to render their
work more difficult through the imposition of bureaucratic obstacles. In the context of
search and rescue at sea, States should designate truly safe ports of disembarkation.
81.
The Special Rapporteur urges States to refrain from entering into international
agreements that would result in human rights violations; to suspend, cancel and revoke,
as necessary, bilateral and multilateral return and readmission agreements, including
those based on the safe third country concept, which risk violating the prohibition of
collective expulsion and the principle of non-refoulement. States should ensure that any
such agreement fully respects procedural guarantees to provide an individualized
assessment on whether the third country concerned is safe for each migrant subject to
return and readmission, and migrant applicants must have the opportunity to challenge
whether that country is safe or not in their particular circumstances, so that it does not
lead to violations of the human rights of returned migrants. The Special Rapporteur
reiterates his call on States to establish effective independent monitoring mechanisms.
He notes that arrangements should ensure that monitoring mechanisms are allowed
access to all migration-related facilities and procedures to monitor their compliance
with international human rights laws and standards, building on best practices and
monitoring methodologies. The participation of civil society organizations without
obstacles should be encouraged, and civil society monitors should be protected from
threats or retribution for their involvement in independent border monitoring.
82.
The Special Rapporteur encourages Member States to seize the opportunity of
the first International Migration Review Forum and renew their commitments relating
to border management, saving lives and preventing migrant deaths and injuries, and
facilitating safe and dignified return and readmission, inter alia, as contained in the
Global Compact for Migration.
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