A/HRC/59/49 access to individualized assessment of protection needs, has resulted in and contributed to migrant disappearances. 59 For instance, Libya cannot be considered a safe port of disembarkation for migrants rescued in the Mediterranean Sea. 60 Nevertheless, some member States of the European Union, particularly authorities in Italy and Malta, have strengthened their cooperation with the Libyan authorities since 2017. 61 This approach has reportedly contributed to maritime operations of the Libyan coast guard resulting in the return of migrants to Libya, where they routinely face the risk of disappearance, including enforced disappearance, among other human rights violations.62 33. Deportations, including deportation flights, carried out under agreements with third countries, represent another form of cooperation that increases the risk of migrants being subjected to disappearance, including enforced disappearance. During the period of deportation, migrants are often untraceable because their whereabouts are not registered and/or communicated to relatives and legal representation. Following an agreement between El Salvador and the United States of America, there have been deportations of this kind involving the deportation of Salvadoran and Venezuelan nationals to the Centro de Confinamiento del Terrorismo (known as CECOT) in El Salvador. These actions, which appear to directly contravene judicial orders against unlawful deportation, 63 amount to short-term enforced disappearance owing to the concealment of the whereabouts of the migrants during their transfer, which triggers the responsibility of States ordering the deprivation of liberty.64 34. Finally, increased border militarization has led to the excessive use of force by State actors in the context of border management, which is frequently combined with a failure to identify those who die in such circumstances. Deaths and disappearances are reportedly caused by active border patrol tactics, including high-speed motor vehicle pursuits, the use of aggressive methods to apprehend migrants who are travelling on foot and the use of lethal force during apprehension attempts.65 On 24 June 2022, approximately 2,000 refugees and migrants attempted to cross the border between Morocco and the Spanish enclave of Melilla. When they reached the border post, Moroccan and Spanish police forces allegedly used excessive force to prevent migrants from entering Spanish territory. As a result, 40 migrants died and 77 remain missing to date.66 B. Lack of safe and regular migration pathways 35. Because of the lack or limited number of safe and regular migration pathways, migrants are often compelled to take unsafe irregular and often perilous migration routes, putting them at heightened risk of disappearance, including enforced disappearance. 67 36. Discriminatory policies that make it difficult for certain nationalities to obtain visas constitute structural factors that influence the decision of migrants to choose more hazardous migration routes in order to avoid detection and escape immigration enforcement. Over the past 25 years, regular and safe migration pathways for individuals from developing countries and fragile States have been increasingly restricted.68 As regular travel has become more difficult, migrants have resorted to irregular and more dangerous routes, 69 oftentimes falling 59 60 61 62 63 64 65 66 67 68 69 A/HRC/WG.6/34/ITA/2, para. 69. A/HRC/50/31, para. 65. A/HRC/47/30, para. 73. OHCHR, Lethal Disregard, pp. v and 9–11. See communications USA 15/2025 and SLV 1/2025. CED/C/11, para. 4. Reineke and Martínez, “Excessive Use of Force and Migrant Death and Disappearance in Southern Arizona” (2024), p. 247. See communication ESP 7/2022 and Government replies of 22 February 2023, 15 July, 4 August and 14 October 2022. See submission by IOM. See IOM, “A decade of documenting migrant deaths: Data analysis and reflection on deaths during migration documented by IOM’s Missing Migrants Project, 2014–2023” (2024), p. 23. Ibid. 9

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