A/HRC/4/24
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measures adopted by some States that restrict the human rights and fundamental freedoms of
migrants”. In his 2006 report (E/CN.4/2006/73, para. 78), the Special Rapporteur noted that
because of his recent appointment and time restrictions, he would address it in the following
year’s reports.
8.
By note verbale sent on 8 and 9 September 2006, the Special Rapporteur submitted a
questionnaire to all United Nations Member States, which addressed questions relating to five
main themes: border control and measures to reduce/address irregular migration; expulsion;
conditions for admission/stay; rights of migrants and the protection of migrants.
9.
To date, the Special Rapporteur has received 26 responses to the questionnaire. The
Special Rapporteur would like to thank all the Governments that responded for demonstrating
their support and cooperation to his mandate. These States are: Algeria, Argentina, Australia,
Azerbaijan, Belarus, Bosnia and Herzegovina, Canada, Costa Rica, Ecuador, Germany, Greece,
Japan, Kuwait, Lebanon, Malta, Mauritius, Mexico, Moldova, Morocco, the Russian Federation,
Singapore, Spain, Syrian Arab Republic, Trinidad and Tobago, Turkey and Venezuela.
10.
In this report, responses from Azerbaijan, Kuwait, Lebanon, Morocco and the Russian
Federation could not be included due to the delay with official translation. Responses from
Trinidad and Tobago were also not included in the report due to the delay of submission. The
Special Rapporteur regrets this and will endeavour to include the responses in his next report.
11.
The following paragraphs attempt to reflect the responses received. The Special
Rapporteur would like to encourage the States that have not yet submitted a response to the
questionnaire to do so, since they will be reflected in his next report.
B. Border control
Measures to reduce/address irregular migration
Question: Please give details regarding rules and regulations applicable to law enforcement
officials charged with border control, in particular, concerning situations in which the use of
force may be authorized, weapons and other control materials that may be used (guns, rubber
bullets, tear gas, etc.) as well as any existing regulations regarding the conditions in which these
may be used. Please provide information on existing mechanisms to investigate and prosecute
incidents of abuse.
Responses
12.
In its reply, Argentina states that the national security forces which are designated by law
to be auxiliary police officers can use force but with limited capacity.
13.
In Belarus, border control officials or the armed forces are authorized to use force in
self-defence or to prevent crossing illegally into the country. Force may also be used in the
protection of citizens, self-defence of military personnel or family members whose life is under
threat.
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