A/HRC/59/49
consular services for family members of disappeared relatives abroad and, for those who flee
political persecution, inability to contact their home country’s consulate.105
60.
Another obstacle to adequate and thorough investigations is the reported practice of
State authorities of labelling the cause of death as “natural” in cases of hypothermia and
drowning related deaths during border crossings or pushback operations, thereby obscuring
the involvement of other factors, including intentional acts by State actors, and thus
perpetuating impunity in such cases. 106
61.
The lack of information in different languages necessary to report disappearances,
including enforced disappearances, particularly in languages of indigenous communities,
results in limited access to justice, legal support and effective participation in search
operations and investigations.107
B.
Obstacles to adequate treatment of human remains
62.
Migrant disappearances are compounded by the impossibility or unwillingness of
authorities to carry out adequate and prompt identification procedures. This may be due to
the geographical inaccessibility of sites where migrants disappear or to insufficient forensic
capacity resulting from limited financial and logistical resources, including the complexity
of identification processes owing to the transnational nature of such disappearances.
63.
For example, forensic systems in the United States are decentralized and
unregulated. 108 In the State of Texas, the decentralization of reporting and forensic
mechanisms reportedly resulted in missing persons reports not being relayed to forensic
authorities in Arizona. 109 Oftentimes, local and federal law enforcement agencies either
refuse to search for disappeared migrants or delay searches until human remains are highly
decomposed. Cremation of unidentified corpses or the burial of human remains in mass and
unmarked graves are a significant additional challenge for identification procedures. 110
64.
When human remains of disappeared or deceased migrants are located, they are not
properly preserved because of the lack of specific protocols, mechanisms and public policies
for the preservation, identification and repatriation of migrants’ remains. The involvement of
forensic experts is reportedly rare owing to lack of clear procedural protocols. The recording
of post-mortem data and the collection and archiving of personal belongings are carried out
haphazardly, often without DNA sampling. 111 The lack of a centralized database for
unidentified corpses, combined with procedural requirements that families of disappeared
migrants are structurally unable to fulfil, further complicates identification and repatriation
procedures.112
65.
The erroneous or careless identification of human remains perpetuate the suffering of
family members. In Honduras, families have received the remains of their loved ones who
disappeared in Mexico, only to learn, after an independent DNA comparison, that the remains
received did not belong to a member of their family.113
105
106
107
108
109
110
111
112
113
14
A/HRC/50/52, para. 8.
D. Kerwin and D. E. Martínez, “Forced migration, deterrence, and solutions to the non-natural
disaster of migrant deaths along the US-Mexico border and beyond”, Journal on Migration and
Human Security, vol. 12, No. 3 (2024), p. 141.
Submission by Fundación para la Justicia y el Estado Democrático de Derecho, 9.
C. C. Siegert and others, “The Texas landscape: accounting for migrant mortality and the challenges
of a justice of the peace medicolegal system”, Journal on Migration and Human Security, vol. 12,
No. 3 (2024), p. 261.
Maria Jimenez, Humanitarian Crisis: Migrant Deaths at the U.S.-Mexico Border (2009).
A/HRC/50/34, para. 85.
Ibid.
See submission by de: border migration justice collective.
A/HRC/54/22/Add.2, para. 71.