A/HRC/59/49
development of the region of the Darién Gap, including the adoption of measures to guarantee
the human rights of the migrant population.130
75.
At the national level, Colombia has established its Mecanismo de Búsqueda Urgente
to ensure that judicial authorities immediately take the necessary steps to locate disappeared
persons, including migrants. The Gambia and Switzerland initiated the Euro-African
Dialogue on Migration and Development (Rabat Process), through which a network of
national focal points for missing migrants was established in July 2024. 131 Switzerland, in
cooperation with the Argentine Forensic Anthropology Team, also supports the
establishment of a multi-stakeholder forensic coordination mechanism to clarify the
whereabouts of migrants who go missing along the Africa-Europe western border and to
inform their families.132
76.
The Special Rapporteur stresses the need to expand such mechanisms in order to:
standardize definitions and methodologies for cross-border data collection; improve
comparability; establish independent forensic investigation bodies and robust reporting
mechanisms in migration centres and transit points for collecting comprehensive and timely
data; and ensure effective safeguards for human rights defenders as well as for migrants who
face reprisals for their involvement in the search for their loved ones. Emerging technologies
are often deployed at borders to enhance surveillance techniques without adequate risk
assessment and safeguards.133 Such technologies are also used by migrants themselves to
share video footage of their location and live geo-coordinates, which has proven useful in
determining their fate and whereabouts. 134 The Special Rapporteur encourages States and
humanitarian and civil society actors to further mobilize these technologies, with a focus on
human rights protection, to document and clarify cases of migrant disappearance.
VIII. Conclusions and recommendations to prevent, investigate
and sanction migrant disappearances
77.
The Special Rapporteur cannot overemphasize the urgency of preventing and
investigating all deaths and disappearances, including cases of enforced disappearance,
in the context of migration, especially in the light of the increasing militarization,
securitization and criminalization of migration. The protection of the right to life,
regardless of migration status, is a central tenet of the international human rights
system: efforts to save the lives of migrants and to protect their human rights must be
rapidly scaled up. Recognizing both the particular vulnerability and agency of migrants
themselves and their relatives is the basis for guaranteeing a victim-focused approach
while addressing the root causes underlying migrant disappearances, including
enforced disappearance.
78.
The transnational nature of migrant disappearances makes efforts towards
prevention, search, investigation and sanctioning of perpetrators complex. However,
such complexity does not exempt States from fulfilling positive human rights
obligations, nor from accountability.135 In order to protect migrants and provide them
with effective redress, it is imperative that countries of origin, transit and destination
live up to their joint responsibility and develop, in cooperation with humanitarian
actors, civil society and victims, an effective framework for international cooperation,
without delay, to prevent and address such disappearances. In this regard, the Special
Rapporteur emphasizes the need for States to follow the recommendations and
measures in achieving the objectives of the Global Compact for Safe, Orderly and
130
131
132
133
134
135
Submission by Colombia.
See https://www.rabat-process.org/en/activities/technical-meetings/kick-off-meeting-of-the-networkof-national-focal-points-for-missing-migrants.
See submission by Switzerland.
OHCHR and University of Essex, “Digital border governance: a human rights-based approach”
(2023); and A/72/335, para. 12.
A/HRC/50/31, para. 24; and A/HRC/54/22/Add.5, para. 53.
A/HRC/47/30, para. 38.
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