A/HRC/45/9
the borders of countries of destination. Companies have not only seized on the
opportunities to enter new and growth markets in relatively unexplored countries and
regions, but have also conducted lobbying to generate these opportunities, for example by
ensuring that their services are referenced in relevant funding instruments of regional
organizations and institutions. Often, measures taken to implement externalization policies
are part of broader bilateral or multilateral agreements, delivered through various branches
of government and regional bodies, making them difficult to track. Advanced technologies,
notably biometric identification technology and systems, are part of the packages donated
to these countries, sometimes for other purposes such as voter registration, but in part
driven by the aim to facilitate identification of arrivals in Europe and deportations. 45
60.
These developments are taking place without due regard to their human rights
implications. Companies do not appear to build in assessment and verification criteria
regarding the recipients of their services, as required by their human rights due diligence
responsibilities. It has been reported, for example, that Turkey contracted a company to
build a wall equipped with high-tech cameras, sensors and advanced technologies, thus
creating additional barriers and risks for women, children, the elderly, persons with
disabilities and others fleeing conflict. 46 It was also reported that equipment and related
training has been provided to members of militia or former militia in at least two countries
with recent or ongoing conflicts where members of these militia are known to have
committed serious human rights violations. In general, companies working to increase the
capacities of countries to apprehend and detain irregular or undocumented migrants may
also be putting migrants at risk in cases where those countries do not have adequate
protection systems in place.
61.
Another way in which Governments have sought to externalize border control is
through carrier sanctions. Carrier sanction legislation requires airline personnel to verify
travel documents at the point of embarkation and to deny boarding to migrants lacking the
necessary documents. Thus, airline companies undertake document checks and passenger
profiling, sometimes in consultation with or under the guidance of government immigration
officers. The airline company may then take the rejected passengers into custody either in
transit or at the point of destination, for example in a privately managed zone at an airport,
while they await return, thus effectively depriving them of their liberty and potentially
denying them a range of other rights, including the right to seek asylum. Airline company
personnel do this in the absence of appropriate training on human rights protections to
which migrants are entitled, including non-discrimination and access to asylum procedures.
The fines imposed on airlines that take on board undocumented migrants are a disincentive
to take all necessary measures to ensure no persons are returned to a country where they
may face serious human rights violations and abuses. Similarly, Governments do not
systematically publish statistics regarding the implementation of carrier sanctions, making
it difficult to monitor. Migrants who are not allowed to board a flight on the basis of carrier
sanction legislation have little recourse to appeal the decision, and may have received no
prior notification. The risk for the airline of complicity in an act of refoulement is therefore
considerable.
VIII. Lack of transparency, oversight, accountability and effective
remedies for victims
A.
Lack of transparency and challenges in accessing information
62.
Like other private military and security business sectors, low levels of transparency47
severely hamper access to information. In most countries, States do not publish up-to-date,
comprehensive and accurate information about these companies and their services, and key
operational and financial details of contracts between Governments and the companies tend
to be regarded as of a private contractual nature and treated as confidential. The way that
45
46
47
14
See submission by Transnational Institute.
See CMW/C/TUR/CO/1; and Khalil Ashawi, “For Syrians fleeing Idlib, Turkish border wall becomes
symbol of their plight”, Reuters, 26 February 2020.
See A/74/244.
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