A/HRC/59/49
remote buildings guarded by individuals believed to be State agents and later taken to the
Evros River to be pushed back into Turkïye.89
F.
Family separations
50.
Systematic family separations in administrative detention or during interception
operations at sea, refusal of State authorities to inform family members of the whereabouts
of their relatives, or inability to determine their whereabouts, including of children, because
they were not registered at the time of separation, are practices that effectively disappear
migrants for short to extended periods of time.90 Family separations are further aggravated
by the lack of or the delayed registration of newborn children in countries of transit. 91
51.
In some reported cases in the United States, detained migrant families are subjected
to family separation when one or more family members, including children, are not released
but instead transferred into Immigration and Customs Enforcement custody to continue the
removal process. Individuals are often detained incommunicado and without their families
being able to locate them.92
G.
Exploitation and human trafficking
52.
Cases of disappearances at the hands of non-State actors have also been reported in
the context of labour migration and forced labour. For example, migrants from the
Asia-Pacific region have been coerced into human trafficking networks after falling victim
to online scams. In these contexts, migrants have been subjected to abductions or held in
incommunicado detention and forced to work in scam operations. 93
53.
A high number of disappearances are attributed to smuggling and trafficking networks
operating along the main migratory routes and profiting from the particular vulnerability of
migrants stemming from the dependency of migrants on their services due to the lack of safe
and regular migratory pathways.94 Migrant women and children are reportedly removed from
shelters where they were housed after lodging asylum applications and forced into
prostitution by human trafficking networks.95 These dynamics subject women and children
disproportionally to disappearance and enforced disappearance when conducted with State
support or acquiescence.
H.
Impunity
54.
Impunity, including the systemic denial of accountability and transparency by national
investigative and judicial authorities, represents a key factor that perpetuates cycles of
disappearances, including enforced disappearance. For instance, in Mexico, 17 municipal
police officers were involved in the enforced disappearances of 196 migrants whose remains
were found in 48 graves. To date, no police officer has been convicted of these crimes. 96
Quasi-generalized regimes of impunity, collusion in human rights violations by State and
non-State actors and corruption deter migrants from reporting disappearances, including
enforced disappearance, owing to mistrust in State institutions and in their ability to conduct
effective searches, provide redress and protect victims of disappearance from retaliation. 97
89
90
91
92
93
94
95
96
97
12
CED/C/GRC/CO/1, para. 30.
Submission by OHCHR Mexico; and submission by World Organization against Torture.
Submission by the World Organization against Torture.
Submission by Al Otro Lado.
See https://bangkok.ohchr.org/news/2022/online-scam-operations-and-trafficking-forced-criminalitysoutheast-asia.
A/72/335, paras. 42–43; see submissions by Ecuador, Guatemala, and Morocco.
See communication PAN 1/2023 and Government reply of 22 December 2023.
See communication MEX 5/2021 and Government reply of 15 November 2021.
A/HRC/36/39/Add.2, para. 77.