A/HRC/33/51
A/HRC/19/58/Add.2, para. 69). In addition, the routes taken by most undocumented
migrants are often dangerous.
64.
The Working Group will also enquire as to how enforced disappearances may result
from the greater vulnerability experienced by migrants stemming from the fact that they are
“invisible” to some extent (those who enter in an irregular manner are not recorded, while
many of those who enter in a regular manner often remain unaccounted for).31
65.
Finally, migrants are often the object of multiple forms of discrimination based on
grounds such as their race, national origin, language, religion, gender, age, sexual
orientation etc. Those multiple forms of discrimination may accumulate or intersect to
constitute a unique and distinct form of discrimination, or intersectional discrimination (see,
for example, E/CN.4/2005/85).
66.
The study will thus assess to what extent those factors can specifically increase risks
of migrants being subjected to enforced disappearances.
(ii)
State migratory and counter-terrorism policies
67.
Many States’ migration policies adopted in the last decades, as well as the
militarization of borders, have led to an expansion of trafficking and smuggling of
migrants. In order to avoid the restrictive measures adopted by the States, many migrants
choose clandestine and less safe roads, which are not surveilled by State authorities and are
often controlled by illegal groups with the cooperation or acquiescence of State agents. The
discourse and language used to address the issue of migration and, in particular, to qualify
migrants, notably those with irregular status — often associating them with security threats
and criminality — places them in a situation of increased vulnerability, thus exposing them
further to violence and to becoming victims of human rights violations (see, for example,
A/HRC/20/24, paras. 8 and 13).32 The Working Group will analyse if and how those
policies contribute to the specific phenomenon of enforced disappearances of migrants.
(iii)
Obstacles in the search for the truth and justice
68.
The transnational nature of migration certainly complicates the efforts of the
families of migrants who wish to obtain information concerning a disappeared relative. In
many instances, it is reported that there is no established protocol for family members to
denounce a disappearance abroad, in the country where the crime occurred. Similarly, there
are no forensic data banks to register DNA for the disappeared or evidence contributing to
the research of remains. If such mechanisms exist, they are often said to be ineffective, not
ensuring that family members living abroad may access them.
69.
In addition to those problems, the Working Group will also examine broader
obstacles that may complicate the search for the truth, such as language and cultural
barriers, lack of cooperation from the country of origin, corruption, lack of financial means,
the impossibility of travelling to the country where the disappearance occurred, the lack of
access to effective legal services etc.
31
32
See Council of Europe, “Missing persons and victims of enforced disappearance in Europe”, Issue
Paper (March 2016), p. 23. Available at
https://wcd.coe.int/ViewDoc.jsp?p=&Ref=CommDH/IssuePaper(2016)1&Language=lanEnglish&dir
ect=true. See also Council of Europe, “The human rights of irregular migrants in Europe”, Issue Paper
(December 2007), p. 7. Available at https://wcd.coe.int/ViewDoc.jsp?p=&id=1237553&direct=true.
See also OEA/Ser.L/V/II Doc48/13, p. 42.
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