A/HRC/45/9
United Nations
General Assembly
Distr.: General
9 July 2020
Original: English
Human Rights Council
Forty-fifth session
14 September–2 October 2020
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development
Impact of the use of private military and security services in
immigration and border management on the protection of
the rights of all migrants
Report of the Working Group on the use of mercenaries as a means of
violating human rights and impeding the exercise of the right of peoples
to self-determination
Summary
The present report covers the activities of the Working Group on the use of
mercenaries as a means of violating human rights and impeding the exercise of the right of
peoples to self-determination since its previous report to the Council (A/HRC/42/42). It
also highlights the impact on the protection of the human rights of all migrants of the
increased use of private military and security services in immigration and border
management.
In the report, the Working Group outlines the overall context in which these services
are provided and the relevant normative framework. It examines four main categories of
services: provision of research and technical expertise; border security technologies and
monitoring services; immigration detention, returns and removals; and the implementation
of “externalization” policies. It shines a light on the impact of these services on the human
rights of all migrants. It then looks at the lack of transparency, oversight and accountability
of companies operating in this sector, and the impact on effective remedies for victims of
violations and abuses by these companies.
It concludes that, at times, companies are directly responsible for human rights
abuses of migrants, notably in situations of deprivation of liberty; while in other instances,
they are complicit in widespread human rights violations and abuse caused by other actors,
such as immigration and border authorities.
The Working Group ends its report with recommendations addressed primarily to
States and private military and security companies, aimed at triggering a fundamental
evaluation of the role that companies play in reinforcing security over humanitarian
approaches to immigration and border management, as well as the specific security services
they provide in this sector.
GE.20-09154(E)
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