A/HRC/59/49
D.
Pushback policies and practices
43.
Disappearances, including enforced disappearances, stem from the reported
widespread practice of migrants being returned or removed, either without due process or in
accordance with legal procedures that do not comply with international law. 80
44.
Along the Mediterranean Sea migration routes, pushback practices, 81 combined with
the delay or refusal of coast guard operations to provide timely sea rescue, have led to
violations of the human rights of migrants, including the principle of non-refoulement. 82
Instead, States have reportedly targeted and sometimes criminalized humanitarian actors and
human rights defenders providing emergency rescue.83 The Special Rapporteur notes that in
situations where States are unwilling or unable to provide humanitarian relief themselves,
they must let others provide such services.84
45.
Furthermore, pushback practices and expedited return procedures involve a refusal to
duly and expeditiously register incoming migrants in countries of transit or destination,
thereby removing them from applicable human rights protections. For example, the
systematic refusal to properly and promptly register “arrivals” in Greece was reported to have
allowed State authorities to deny that an “irregular” entry and subsequent unlawful removal
had occurred, resulting in migrant disappearances. 85
46.
The disappearance of migrants is also due to the lack of available
communication channels. During pushbacks, migrants’ mobile phones, money and
identification documents are reportedly often confiscated by State actors, leaving them
unable to contact their relatives, lawyers or humanitarian actors, thereby hindering
their ability to seek assistance, report human rights vio lations or ensure that their
whereabouts are known.86
E.
Immigration detention
47.
Immigration detention is reported to be increasingly used as a border management
strategy to prevent irregular migration and enforce deportations, sometimes resulting in
temporary incommunicado detention with little or no transparent registration systems.
Migrants in such situations lack access to independent monitoring mechanisms and have their
procedural safeguards severely curtailed.
48.
Migrants also go missing while being transferred between detention facilities. For
example, in Malaysia, migrants are reportedly transferred between detention facilities
without being able to inform their families or legal counsel, resulting in situations of enforced
disappearance for limited periods of time. 87 The National Migration Institute carries out
forced relocations from northern Mexico to the south along perilous routes and often to
dangerous locations with a significant presence of organized crime. During such transfers,
which can last for several days, migrants are left incommunicado and are not informed of
their destination or properly registered by the authorities. 88
49.
Finally, it is reported that some migrants have been kept in secret detention before
being deported to third countries. Reportedly, in Greece, migrants were held in unofficial
80
81
82
83
84
85
86
87
88
A/HRC/47/30, para. 62.
Ibid., paras. 53–61.
OHCHR, Lethal Disregard, pp. 10–11; and Council of Europe, “Pushed beyond the limits: Urgent
action needed to stop pushbacks at Europe’s borders” (2022), p. 26.
A/73/314, paras. 25–27; see communication GRC 3/2022.
See A/73/314; and A/HRC/37/34, para. 15.
Amnesty International, “Greece: violence, lies, and pushbacks: Refugees and migrants still denied
safety and asylum at Europe’s borders”, pp. 18–19; see communication GRC 2/2023.
CED/C/GRC/CO/1, para. 28.
See communication MYS 1/2024 and Government reply of 28 May 2024.
Submission by OHCHR Mexico.
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