A/HRC/45/9
equipped to deal with the emergency situation that the health pandemic presented. In the
Northwest Processing Center, for example, the Government of the United States of
America and the company that owns and operates the centre, the GEO Group, failed to take
adequate steps to address concerns that had been raised by special procedure mandate
holders since 2018,36 exposing migrants detained there to harm.
50.
Migrants held in immigration detention centres are especially vulnerable to COVID19. Persons with disabilities, older persons, pregnant women and lesbian, gay, bisexual,
transgender and gender-diverse persons are at particular risk of complications should they
become infected, due to underlying health conditions or inadequate access to appropriate
routine medical care.37 Overcrowding has meant that basic health protection measures to
prevent the spread of the virus, such as physical distancing and hygiene rules, are not
observed. Furthermore, transportation of migrant detainees between detention centres
reportedly also continued, despite the spread of the virus. These actions, as well as the
failure to act, pose a risk not only to the migrants but also to the employees at this centre
and others like it, those carrying out the transportation services, and the general population.
The companies running these centres have chosen to continue to cut costs in order to
maximize profits while Governments turn a blind eye.
51.
Broader legal and policy developments have also resulted in greater recourse to
immigration detention, including of children, despite repeated concerns. A stark example is
the adoption in 2018 in the United States of the zero-tolerance policy and the consequent
separation of children and their families, 38 and the adoption in 2016 of the Immigration Act
in the United Kingdom of Great Britain and Northern Ireland (see para. 54 below). This and
related measures have allegedly resulted in serious human rights violations and abuses and
simultaneously provided additional business opportunities for companies that have made
financial gains as a result.
52.
In several countries, alternatives to detention also provide a lucrative business
market. Services include various levels of monitoring and supervision of those migrants
released from detention, which may include reporting by telephone, Global Positioning
System tracking through ankle monitors or electronic ankle bracelets, and smartphone
applications. In addition, in one country, as an alternative to secure facilities, the
Government houses asylum seekers in temporary accommodation run by private military
and security companies, which have been accused of providing poor quality
accommodation and of mistreatment. 39
53.
Privately run immigration detention facilities also have an impact on the local
communities in which they are located. The centres are often situated in remote areas or at
times offshore in third countries in communities suffering from marginalization and
economic hardship or poverty. Private military and security companies running these
centres often present themselves as bringing jobs and prosperity to local communities. In
reality, these companies benefit from cheap labour, often provided by migrants, women and
indigenous peoples. This can create dependency by communities on these companies as the
main source of employment, in what may be exploitative relationships with companies
benefiting from multimillion-dollar contracts while paying their local employees very
poorly.40
2.
Returns and removals
54.
Private military and security companies and airlines provide secure transportation
services to move migrants between places of detention and for deportations, forced returns
and so-called voluntary returns of individuals and groups. In general, Governments do not
routinely disclose information about deportations, and often more precise information is
published only in response to “freedom of information” requests, or other non36
37
38
39
40
12
See OTH 31/2020.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25912&LangID=E.
See USA 23/2017, USA 12/2018 and USA 2/2018.
See www.worldpsi.org/sites/default/files/documents/research/final_psi_epsu_psiru_privatisation_of_migration_and_r
efugee_services.pdf; and www.migrantsorganise.org/?p=26878.
As indicated at the expert consultation held in May 2020 (see para. 8 above).
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