A/HRC/41/38/Add.1
(f)
Design and implement “firewalls” to separate immigration enforcement
and counter-smuggling activities from public service provision, labour law
enforcement and criminal justice processes to ensure that migrants in irregular
situations, including those in transit, can access these services and assistance provided
by humanitarian actors without fear and repercussions;
(g)
Ensure the transparency, oversight and accountability of readmission
agreements, including bilateral agreements with Algeria, and facilitate independent
monitoring – by the National Human Rights Commission, civil society organizations
and OHCHR – of human rights at the international border and in the context of the
transit, return and reintegration of migrants;
(h)
In the context of forced returns to the Niger or other arrivals, conduct
individual human rights risk assessments upon arrival in order to identify migrants in
vulnerable situations who are victims or at risk of human rights violations, determine
their protection and assistance needs and take measures to prevent violations of their
human rights in returning countries;
(i)
For Nigerien returnee migrants, put in place human rights-based
reintegration programmes and independent mechanisms to monitor their human
rights, design effective human rights protection responses and ensure their access to
complaint mechanisms and remedies;
(j)
Adopt and support the implementation of strategies on migrants in
vulnerable situations, including by creating mechanisms and resources to ensure that
the status of migrants in vulnerable situations can be determined individually, fairly
and reliably, and respecting the principle of non-refoulement, following the guidance
provided by the Global Migration Group Principles and Guidelines, Supported by
Practical Guidance, on the Human Rights Protection of Migrants in Vulnerable
Situations;
(k)
Never detain children based on their migration status but adopt noncustodial care and community responses instead. Unaccompanied children should
only be returned when it has been determined to be in their best interests through an
appropriate procedure before a competent institution that includes their proper
representation;
(l)
Establish accessible complaint mechanisms for migrants, including childfriendly complaint mechanisms for children, as well as legal information and aid in a
language that they understand, ensuring their access to justice for violations of their
human rights;
(m) Ensure prompt, impartial and independent investigations of violations of
the human rights of migrants;
(n)
Promote regular intraregional and interregional channels for migration
and labour mobility, ensure that regular, safe, accessible and affordable channels for
migration are available, decriminalize illegal border crossings and combat the stigma
and discrimination associated with irregular migration;
(o)
Take appropriate legislative, policy and practical measures to ensure
that border management and measures aimed at addressing irregular migration and
combating smuggling activities are in line with international human rights law,
following the guidance provided by the OHCHR Recommended Principles and
Guidelines on Human Rights at International Borders;
(p)
Disseminate the present report and its recommendations among all
concerned national stakeholders.
B.
Recommendations to the Economic Community of West African States
and its member States
73.
The Special Rapporteur recommends that ECOWAS and its member States:
17