A/HRC/41/38/Add.1
(a)
Ensure that ECOWAS nationals victims of collective expulsions from
Algeria to the Niger have access to justice and remedies, including reparations, by
facilitating their access to information, consular services and effective legal
representation, for example through the establishment of consular services in Agadez
Region;
(b)
Facilitate the provision of documentation to all nationals of ECOWAS
member States as a means of ensuring the implementation of the ECOWAS and West
African Economic and Monetary Union principles of freedom of movement of
persons;
(c)
Ensure that any regional migration strategy is in line with international
human rights norms and standards and puts protection of the rights of migrant
persons at its centre.
C.
Recommendation to the European Union and its member States
74.
The Special Rapporteur recommends that the European Union and its member
States:
(a)
Integrate rigorous human rights, due diligence, monitoring and
oversight mechanisms into all external agreements and initiatives and prioritize
projects in the Niger that will improve the human rights of migrants;
(b)
Fully recognize the push and pull factors of irregular migration, and the
responsibility of the European Union in managing and mitigating them;
(c)
Take a global leadership role whenever needed in relation to
humanitarian and human rights crises and reduce the market for smugglers by
increasing, in cooperation with other States, resettlement opportunities;
(d)
Ensure that all European Union programmes, policies and technical
assistance to the Niger concerning migration furthers the realization of human rights
for all migrants, including those that are neither refugees, asylum seekers or assisted
voluntary return applicants, in compliance with international human rights norms
and standards;
(e)
Expand safe and regular entry channels for migrants and refugees to
Europe, including by expanding access to asylum, refugee resettlement (including
through private sponsorship), humanitarian admission, including for survivors of
trafficking, family reunification, access to educational visas and labour mobility at all
skill levels;
(f)
Effectively advocate with the Libyan authorities for the opening of safe
spaces for migrants and refugees and alternatives to detention, as well as improved
access for the United Nations, humanitarian NGOs and other relevant actors to
provide life-saving assistance and monitoring of all places of detention.
D.
Recommendations to other States concerned
75.
The Special Rapporteur recommends that the Government of Algeria stop with
immediate effect the collective expulsions of migrant persons to the Niger and their
intimidation, harassment, detention and ill-treatment based on racial discrimination,
and ensure access of migrants to justice and remedies, including reparations, for
violations of their human rights.
76.
The Special Rapporteur recommends that the Libyan authorities:
(a)
Release all migrants and refugees detained arbitrarily, prioritizing
persons in vulnerable situations, including children, and persons in need of
international refugee protection;
(b)
18
End the practice of mandatory or automatic detention of migrants.