A/HRC/59/49
prey to smugglers and/or human trafficking networks. 70 For instance, in 2023, visa
restrictions that prevent individuals from the Bolivarian Republic of Venezuela, Brazil and
Ecuador from flying directly to Mexico resulted in a significant increase in the number of
migrants crossing the Darién Gap, many of whom are reported missing.71
37.
Without pathways for admission, migrants are forced onto ever more dangerous
migration routes, exposing them into life-threatening geographical locations. Reportedly, the
conditions of removal of individuals by Algerian authorities at the border of Niger expose
migrants to an increased risk of disappearing in the desert as the nearest town is far from the
drop-off site.72
38.
Drowning is a major factor in migrant disappearance,73 with migrant women, girls and
boys at a greater risk of drowning or of hypothermia. 74 Migrants travelling from African
countries across the central Mediterranean Sea route are reported to use dangerous, makeshift
boats and to embark despite poor weather conditions. In a number of instances, lacking water,
food and adequate navigational equipment, boatloads of migrants have run into distress and
disappearance at sea.75
39.
The ever-increasing number of migrants going missing in extreme geographical
locations also result from the increasing impact of climate change. Rising temperatures and
severe hazards, including heat waves and flooding, along with a lack of secure housing, are
leading to an increase in migrant deaths and disappearances.76
C.
Stigmatization and discrimination
40.
Migrants, notably those in irregular situations, are disproportionately vulnerable to
stigmatization and discrimination, and often have limited or no access to human rights or
basic services.77 Some migrants face discrimination during the migration process on the basis
of migratory or socioeconomic status or other personal characteristics, such as religion, race,
colour, ethnic or national origin, age, sex, sexual orientation or gender identity, depriving
them of access to already challenging regular legal pathways to migration. Ethnic, racial or
other profiling of migrants further results in the disproportionate use of both criminal and
administrative detention.78
41.
For example, organizations have documented concerns with the mandatory use of the
“Customs and Border Protection (CBP) One” application for people seeing international
protection in the United States, in particular that Black asylum-seekers have been unable to
upload photographs in the app, which is required to confirm appointments, resulting in them
being unable to register themselves.79
42.
Lesbian, gay, bisexual, transgender, intersex and queer migrants and migrants from
other sexual and gender minorities face distinct and frequently higher risks of being subjected
to disappearance or are being forced to migrate due to threats of being disappeared.
70
71
72
73
74
75
76
77
78
79
10
See A/HRC/59/69/Add.1 and A/HRC/59/69/Add.2 (forthcoming).
See https://www.ohchr.org/en/stories/2023/09/darien-gap-risky-path-search-safer-life.
See https://www.ohchr.org/en/2018/05/press-briefing-note-algeria-and-libya; and
https://www.iom.int/news/un-migration-agency-greatly-concerned-reports-migrants-stranded-algerianiger-border.
IOM, “A decade of documenting migrant deaths”, pp. 13–16; and A/HRC/47/30, para. 52.
Ibid.
OHCHR, Lethal Disregard, p. 9.
A/HRC/38/21, paras. 15–16; and
https://www.ohchr.org/sites/default/files/Documents/Issues/Migration/OHCHR_slow_onset_of_Clim
ate_Change_ENweb.pdf, para. 112.
A/79/590, para. 26.
A/65/222, paras. 31–34; and A/HRC/36/39/Add.2, para. 53.
See https://www.amnesty.org/en/latest/news/2024/05/cbp-one-mobile-application-violates-the-rightsof-people-seeking-asylum-in-the-united-states/, pp. 35–65.