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. 11

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