A/HRC/45/9
should take legal and policy measures to favour the use of alternatives to detention,
with deprivation of liberty as a last resort.56
85.
States must introduce measures to ensure accountability of companies and their
personnel for human rights violations and abuses against migrants caused directly or
indirectly by their business activities. This should include enabling legislation and
other concrete mechanisms, including in relation to investigation, prosecution and
punishment of company personnel, and measures to ensure non-repetition.
86.
Given the heightened risk of gross human rights abuses associated with the
provision of private military and security services in immigration and border
management, companies in this sector need to exercise heightened human rights due
diligence to avoid causing, contributing or becoming directly linked to adverse human
rights impacts. This due diligence process should take place at all stages of their
operations in order to capture potential and actual human rights impacts. For
example, in order to avoid the risk of complicity in the return of migrants to situations
in which they will suffer human rights harm, airlines and companies providing secure
transportation services should conduct thorough checks to ensure that all migrants
under their supervision will not face risks of human rights violations or abuses when
returned. Such companies should refuse to transport migrants until they have
benefited from a proper individualized assessment of their human rights protection
needs. Another crucial part of the human rights due diligence process is adequate
vetting and training of security personnel.
87.
Companies in this sector should be obliged to publicly disclose accessible, clear
and non-ambiguous information with regard to their contracts and operations, to the
same extent as public entities with similar functions.
88.
Where companies identify that they have caused or contributed to adverse
human rights impacts, they should fully disclose information pertaining to those
impacts, and provide or cooperate in their remediation through legitimate processes.
In instances in which these impacts amount to gross human rights violations and
abuses, including crimes, they should fully cooperate with judicial mechanisms
leading to accountability and effective remedies for victims.
89.
Multi-stakeholder initiatives, such as the International Code of Conduct
Association and the Montreux Document Forum, should consider how to overcome
current gaps in their founding texts that fail to capture explicitly companies providing
private military and security services in immigration and border management. This is
of particular importance given the magnitude of this sector, the risks associated with
privatization of immigration detention and border control functions, and the absence
of an international legally binding human rights instrument for the regulation,
monitoring and oversight of the activities of private military and security companies.
56
For more detailed recommendations regarding privatized immigration detention, see A/72/286.
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