A/58/275
39. The Special Rapporteur considers that the efforts to conclude bilateral and
multilateral agreements to facilitate the movement of people and their return, when
necessary, are also relevant in this regard. The deportation procedure can in fact be
particularly time-consuming where there is no diplomatic representation of the
country of citizenship of the alien, the country of destination is unable or unwilling
to finance the deportation, or the State of origin or another country refuses to accept
the migrant. In these cases, migrants awaiting deportation can remain in
administrative detention for prolonged periods of time. Bilateral and multilateral
efforts such as those mentioned above should provide for guarantees against
arbitrary deportation and against possible violations or abuses upon deportation to
countries of origin or third countries.
40. The Special Rapporteur notes that immigration and other officials dealing with
migration matters must be properly trained in immigration law and the human
consequences of detention, particularly where the grounds for detention are broad.
Moreover, oversight of the application of immigration laws is needed. Gathering
together separate, and at times conflicting, provisions contained in several
administrative regulations or instructions and laws and clarifying and compiling
these in one legislative text could help to provide better legal guidance to the
relevant authorities. It would also have the effect of reducing the degree of
discretion afforded to authorities.
41. The Special Rapporteur has documented numerous incidents that occurred in
the process of deportation, some resulting in the death of the migrants involved. In
this connection, the Special Rapporteur stresses that officials dealing with
deportations must be trained to carry out their duties in a way that respects the rights
and dignity of the persons involved. It should be stressed that migrants subjected to
deportation procedures have most of the time only committed administrative
infractions, but there is often a tendency to treat them like dangerous criminals.
42. The Special Rapporteur also emphasizes that special care must be taken with
respect to children and women in the process of deportation, in order not to expose
them to further risks. The Special Rapporteur has in fact documented incidents of
women and children who were victims of violence and retaliation at the hands of
police upon return to their countries of origin, cases of unaccompanied children who
fell prey to traffickers in the process of repatriation, as well as cases of
undocumented children who were arbitrarily returned to countries other than their
own. Often, children who are not returned to the care of their families or
communities see no choice but to seek ways to migrate again.
6.
Reintegration
43. The Special Rapporteur stresses the importance of ensuring the reintegration of
migrants who return to their countries, either voluntarily or involuntarily.
Reintegration programmes should take into account the social and human aspect of
migration, including the psychological effects of uprooting, the difficulties of
reinsertion in the labour market, and problems linked to the existence of debts in the
country of origin.
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