A/HRC/47/30
in vulnerable situations at international borders are identified and appropriately
referred;
(h)
Ensure that the use of force and firearms by border authorities is strictly
regulated in accordance with international standards, and that any allegation of misuse
is promptly investigated and appropriately sanctioned;
(i)
Acknowledge the role of civil society organizations and human rights
defenders in addressing and monitoring instances of pushback and provide support to
them, including to women’s organizations and women human rights defenders working
with migrants, and ensure they do not face legal and practical obstacles in carrying out
their work;
(j)
Ensure due process guarantees for all migrants under the State’s
jurisdiction or effective control regardless of their status, by ensuring access to an
individual examination, and to effective remedy and appeal before a judicial authority;
provide access to gender-responsive legal and interpretation services; and suspend
removal while an appeal is pending;
(k)
Put in place appropriate administrative and legislative mechanisms to
ensure access to rights and services to all migrants, and legal status to those who are
unable to return, including on grounds relating to the principle of non-refoulement;
(l)
Refrain from implementing any measures that adversely affect the best
interests of children, whether they travel unaccompanied or in the company of adults;
children’s best interests should take precedence over migration management objectives;
(m) Cooperate internationally to protect the lives and safety of migrants at
land and at sea; ensure that migrants rescued at sea are promptly brought to a port
recognized by the international community as safe, and are given access to
individualized procedures and adequate care; and refrain from entering into
international agreements that would result in human rights violations;
(n)
Promptly and thoroughly investigate allegations of human rights
violations and abuses at international borders; and establish effective independent
monitoring mechanisms and ensure access to all migration-related facilities and
procedures to monitor their compliance with international human rights laws and
standards;
(o)
Protect and fulfil the rights of migrants who have suffered human rights
violations or abuses as a result of border governance measures; and take proactive steps
to follow up on and investigate pushback allegations in a prompt, effective and
transparent manner, to remove suspected perpetrators from duty and to prosecute
them where appropriate;
(p)
Provide effective access to mechanisms for migrants who have suffered
human rights violations or abuses as a result of border governance measures to seek
remedies and redress, including by establishing accessible and adequate complaint and
reparation procedures, and refraining from raising territorial or other restrictions that
effectively prevent applicants from accessing justice;
(q)
Ensure that border governance measures taken in the context of the
COVID-19 pandemic meet international human rights standards.
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