A/HRC/45/9
between immigration authorities and a company in order to avoid the application of the new
law.54
74.
In addition, some companies have discontinued certain types of activity due to
public outcry or divestment campaigns. For example, several American airline companies
reportedly refused to transport children who have been separated from their families in the
context of the zero-tolerance policy. Some major American banks apparently took a similar
stance by announcing they would cease financing companies that operate private detention
centres. Companies have also come under pressure from trade unions as their employees
have expressed concerns about the use of airlines in deportations involving forced family
separations. An airline in the United Kingdom announced that it would terminate
transportation services for deportations as a campaign was mounted regarding alleged
unlawful removals of long-term United Kingdom residents from Commonwealth countries
(see para. 54 above) and in relation to lesbian, gay, bisexual, transgender and genderdiverse asylum seekers.55
IX. Conclusions and recommendations
Conclusions
75.
Corporate involvement in security aspects of immigration and border
management has increased exponentially in recent decades. While privatization is
neither encouraged nor prohibited by international law, the international human
rights framework is unequivocal that, ultimately, States are accountable for the
impacts companies have on the enjoyment of human rights. States must be
particularly vigilant when they outsource inherent government functions to private
commercial actors that are motivated primarily by profit, fostering situations in
which human rights are subordinated to goals of efficiency, effectiveness and costcutting.
76.
Profound and long-standing concerns have been expressed by United Nations
human rights mechanisms, including this Working Group, and civil society actors
regarding the impact of privatization of immigration detention and more broadly of
the privatization of the delivery of services that may have an impact on the enjoyment
of human rights. The present report highlights the dramatic consequences of States
contracting companies to undertake an array of security services to support State
policies and measures to tighten border controls and prevent entry to irregular or
undocumented migrants. At times, companies are directly responsible for human
rights abuses of migrants, including refugees and asylum seekers, notably in situations
of deprivation of liberty. In other instances, they are complicit in human rights
violations and abuse caused by other actors, such as immigration and border
authorities, primarily through the border security technologies they provide and their
co-framing of migration as a security threat for which the “solution” is security and
military technical and technological tools, which only they can provide.
77.
Everything points to this practice not only continuing, but also growing, as new
markets open up and appetite for constantly updated technologies generates
continued demand for these so-called security solutions. In many countries, notably in
the global North, dominant political and economic interests around enforcing
immigration and border controls have become so tightly interwoven that they will be
hard to unravel. A fundamental evaluation of the way that migration is governed,
including the role that companies play in reinforcing security over humanitarian
approaches and the specific security services they provide in this sector, is urgently
needed in order to address the violations and abuses of the rights of migrants,
including refugees and asylum seekers, that are taking place on a massive scale. Those
countries with several decades of experience of using private security-related
54
55
See submission by the Center for International Human Rights of Northwestern Pritzker School of
Law.
See submission by the Australasian Centre for Corporate Responsibility.
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