A/HRC/36/39
(a)
Gather, compile and systematize all the information in relation to all
individuals who go missing in, or transiting through, their countries. This information
should also be systematically shared with bordering countries as well as with relevant
international and/or regional organizations;
(b)
Intensify cooperation — bilateral and multilateral — with other States and
international organizations in the areas of identification, search, data collection, prevention,
investigation and prosecution.
2.
Prevention
57.
In accordance with article 8 of the Declaration, States should prohibit, in both in
legislation and practice:
(a)
The expulsion, return (refoulement) or extradition of migrants to another
State where there are substantial grounds to believe that they would be in danger of
enforced disappearance. Any return must be the subject of careful individual assessment
and follow due process, including the right to challenge the decision to expel/return. For the
purpose of determining whether there are grounds for such challenges, the competent
authorities should take into account all relevant considerations, including, where applicable,
the existence in the State concerned of a consistent pattern of gross, flagrant or mass
violations of human rights, in accordance with article 8 (2) of the Declaration;
(b)
The pushback of migrants to any country where they would be in danger of
enforced disappearance.
58.
In this connection, States should also:
(a)
Carefully consider, when designing them, the impact that migration
regulations, policies and practices may have, and in particular assess the possible
consequence of compelling migrants to resort to smuggling networks and thereby falling
prey to trafficking networks, thus contributing to heightened risks of becoming victims of
human rights violations, including enforced disappearances;
(b)
Better monitor newly identified migratory routes — both by land and by sea
— with a view to saving lives and upholding human rights in order to avoid as much as
possible the disappearances of migrants during their journey;
(c)
Take all possible measures to sanction criminal organizations which abuse or
exploit migrants, notably trafficking networks, and adequately investigate any allegation of
involvement, collusion or acquiescence of State authorities in these criminal acts, which
may end in the disappearance of migrants;
(d)
Strive to end immigration detention and never detain migrant children based
on their status or that of their parents. If detention of adult migrants is absolutely necessary
as a measure of last resort, proportionate and justified in law, States should hold migrants
deprived of liberty in an officially recognized place of detention and make sure that their
detention is formally registered, including with accurate information on their detention and
place or places of detention, and independently monitored;
(e)
In all circumstances allow migrant detainees to communicate with their
relatives and lawyers or representatives, and always inform them of their right to
communicate with the consular authorities of their country of origin;
(f)
Formally document — and monitor, when possible — all returns of migrants
and ensure that they are carried out in accordance with international standards in order to
avoid disappearances during those processes, including temporary disappearances;
(g)
When deprived of liberty, release all migrants in a manner permitting reliable
verification that they have actually been released and, further, have been released in
conditions in which their physical integrity and ability to fully exercise fully their rights are
assured.
9
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