A/HRC/18/54 36. By late July 2011, concerns were reported in relation to lengthy delays in the registration and processing of migrants at the border in Tunisia and Egypt, as well as continuing concerns about inadequate living conditions for the migrants who remained in these locations.31 Agencies reported that migrants had been forced to sleep outside in the bitter cold, as available shelter at the border was filled to capacity. Recent reports indicate that smaller numbers of migrant workers, many from sub-Saharan Africa, continue also to be stranded inside the Libyan Arab Jamahiriya, living in the open with limited access to food, water and health services.32 37. Agencies have reported concerns that some countries operate a mandatory detention policy for irregular migrant arrivals by sea from North Africa, leading in some cases to prolonged detention. Concerns have also been expressed about the situation of unaccompanied migrant children in reception facilities, particularly where there is overcrowding and where conditions are otherwise inadequate.33 38. While no reports of mass or collective expulsions have been received at any of the borders to which migrants and asylum-seekers are arriving, isolated incidents of refoulement have been reported, particularly at land borders, and there are ongoing concerns that border guards may lack the necessary training and technical tools to be able to identify accurately protection needs in the context of mixed flows. 39. The Universal Declaration of Human Rights (art. 25) and the International Covenant on Economic, Social and Cultural Rights provide that everyone is entitled to enjoy the right to an adequate standard of living (art. 11), the right to health (art. 12)34 and to education (article 13, and article 26 of the Declaration). The Committee on Economic, Social and Cultural Rights has clarified that the prohibition of non-discrimination also includes discrimination against non-nationals on the grounds of nationality.35 40. In line with the requirements of non-discrimination, reception arrangements to meet the immediate material and psychosocial needs of migrants, such as accommodation, food, clothing and medical services, should be provided to all persons, regardless of status, until referral is possible to the appropriate services and procedures. Reception centres that house children should include appropriate facilities for education, as well as play. 1. Detention 41. Under international human rights law, and because of the drastic impact of detention on the individual human being, the deprivation of liberty should in all cases be a measure of last resort and the result of an individual determination. The right to liberty and security of person is a fundamental human right enjoyed by everyone, regardless of legal status. Articles 3 and 9 of the Universal Declaration of Human Rights and article 9 of the International Covenant on Civil and Political Rights provide accordingly that everyone has 31 32 33 34 35 International Federation of Human Rights submission, 28 July 2011. IOM reported in mid-July that some 1,000 Chadian migrants were still stranded near the southern Libyan town of Gatroun. Reuters, “IOM: Thousands of migrants still stranded in Libya”, 16 July 2011. Caritas Italiana submission, 4 August 2011. In paragraph 34 of its general comment No. 14, the Committee on Economic, Social and Cultural Rights referred to the obligation of States to respect the right to health by, inter alia, refraining from denying or limiting equal access for all persons, including asylum-seekers and illegal immigrants, to preventive, curative and palliative health services. In its general comment No. 20, the Committee affirmed that “the Covenant rights apply to everyone, including non-nationals, such as refugees, asylum seekers, stateless persons, migrant workers and victims of international trafficking, regardless of legal status or documentation.” 11