A/HRC/47/30 United States to return to Mexico and stay there while their claims are evaluated. 70 The Special Rapporteur deplores the fact that migrants enrolled in the programme have faced kidnapping, rape, torture, murder and other violent attacks while forced to wait in Mexico. 71 70. The United States authorities also employ the so-called “metering” policy, which limits the number of asylum seekers processed at official border ports of entry, resulting in tens of thousands being forced to wait, often for months, in dangerous regions at the border where they are at risk of violence and exploitation.72 71. Since 2015, a special regime has applied in the Spanish enclaves of Ceuta and Melilla that allows officials to carry out “border rejections” of foreign nationals trying to enter Spain irregularly from Morocco. 73 Along perimeter fences around the enclaves, Spain has introduced the concepts of a “physical” border and an “operational” border: those who cross the former but not the latter are deemed not to have entered Spanish territory, and can thus be pushed back in so-called “hot returns” (devoluciones en caliente). 74 The Special Rapporteur expresses serious concerns about barriers placed by Spain to accessing asylum in practice, in light of the creation of zones of exception at the border, and about information alleging that migrants from sub-Saharan Africa may be subjected to discrimination and prevented from exiting Morocco on the grounds of their appearance, and that they effectively lack access to Spain.75 4. Pushbacks at sea, including through delays in search and rescue and in disembarkation 72. Australia has reportedly removed over 800 migrants on 38 vessels since 2013 and has engaged in “turnbacks” of vessels in various ways. Migrants have reportedly been turned back on their original vessels that might have been repaired or refuelled by Australia; they have been transferred to lifeboats or wooden “fishing” boats purchased by Australia; occasionally, they have been detained aboard Customs or Navy vessels before being returned.76 73. In January 2021, the Human Rights Committee found Italy responsible for failing to promptly respond to a distress call and dispatch a vessel to rescue over 200 migrants, including 60 children, at sea, who died as a result of the delay.77 The continued cooperation of Italy with Libya and the Libyan Coast Guard78 has effectively resulted in the circumvention of the prohibition of refoulement and collective expulsion. Since 2016, more than 60,000 migrants have been disembarked in Libya following interception at sea, sometimes by instructing private vessels to proceed to Libya,79 despite the fact that Libya is not considered to be a safe port for disembarkation for migrants 80 due to well-documented risks of human 70 71 72 73 74 75 76 77 78 79 80 See USA 4/2019, available at https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24381. N.B.: The United States Department of Homeland Security has announced the suspension of new enrolments in the Migrant Protection Protocols programme. See the Department of Homeland Security statement of 20 January 2021, available at www.dhs.gov/news/2021/01/20/dhs-statementsuspension-new-enrollments-migrant-protection-protocols-program. Human Rights First, “Publicly reported cases of violent attacks on individuals returned to Mexico under the ‘Migrant Protection Protocols’, as compiled by Human Rights First”, available at www.humanrightsfirst.org/sites/default/files/PubliclyReportedMPPAttacks12.15.2020FINAL.pdf. Submission by Human Rights First. Submission by Amnesty International. Submission by Statewatch. Submission by Save the Children. Submission by the Refugee Council of Australia. CCPR/C/130/D/3042/2017. Under a Memorandum of Understanding of 2017, on cooperation in the development sector to combat illegal immigration, human trafficking and contraband and on reinforcing border security between Libya and Italy; see the submission by Sea-Watch. Submission by Amnesty International. S/2021/62, para. 107; and “UNHCR position on the designations of Libya as a safe third country and as a place of safety for the purpose of disembarkation following rescue at sea”, September 2020, available at www.refworld.org/publisher,UNHCR,,,5f1edee24,0.html. 13