A/HRC/36/39
including States, in response to a questionnaire sent in December 2016. 24 The Working
Group is grateful to the States, United Nations agencies, non-governmental organizations
and individuals who participated in the process.
50.
The phenomenon of enforced disappearance of migrants is a modern-day reality and
should not be ignored or underestimated. The increasingly precarious movements of
migrants, including through long and perilous journeys associated, among other things,
with the often increasingly rigid migratory policies of States focused on deterrence, have
created a situation which exposes migrants to heightened risks of becoming victims of
human rights violations, including enforced disappearances.
51.
As outlined in the report, there is a direct link between enforced disappearance and
migration, either because individuals migrate as a consequence of the threat or risk of being
subjected to enforced disappearances in their country or because they disappear during their
migratory journey or in the country of destination. This may occur either as a result of
abduction for political or other reasons, or in the context of detention or deportation
processes or as a consequence of smuggling and/or trafficking. However, States and the
international community as a whole do not seem to be devoting the necessary attention to
this issue. In addition, owing to both its nature and its transnational character States are
turning a blind eye and prefer to transfer the blame elsewhere, be it to another State or to a
criminal group.
52.
Where the disappearances of migrants are carried out primarily by non-State actors
but with the direct or indirect involvement of State authorities, those acts would clearly be
characterized as enforced disappearances. There are also other cases in which migrants
disappear as an involuntary but direct consequence of the actions of the State, for instance
in the case of pushback, at land or at sea. While these may not, strictly speaking, be
enforced disappearances, they may nevertheless trigger State responsibility in the context of
the Declaration on the Protection of All Persons from Enforced Disappearance.
53.
Thus, in view of the gravity and complexity of this phenomenon, it is essential that
each State take this problem seriously and urgently strengthen measures to prevent and
combat it at the national level. In addition, given its transnational character, States should
reinforce cooperation with other States as well as with relevant international organizations
at the regional and global levels.
54.
In the light of the foregoing, the Working Group makes the following
recommendations to States.
1.
General
Migration as a consequence of enforced disappearance
55.
States should consider the risk or threat of being
disappearance as a form of persecution falling within the scope
refoulement and grant refugee status to persons who migrate to
while also taking all necessary measures to ensure that they
refoulement.
subjected to enforced
of the principle of nonflee from such conduct,
are not the subject of
Enforced disappearance of migrants
56.
24
8
States should:
The responding States were El Salvador, Germany, Ireland, Japan, Kazakhstan, Mexico, Morocco,
Portugal, Serbia, Sweden and Venezuela (Bolivarian Republic of). Written contributions were also
received from the following organizations: Groupe antiraciste de défense et d’accompagnement des
étrangers et migrants; Fundación para la Justicia y el Estado Democrático de Derecho; Regional
Mixed Migration Secretariat; and Alternative Espace Citoyen. Kimio Yakushiji, on behalf of the
Committee on Enforced Disappearances, also contributed.
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