A/HRC/45/9
immigration and border management services should lead the way in evaluating the
current model and its impact on the human rights and dignity of migrants.
Recommendations
78.
States have a duty to respect, promote and fulfil the human rights of migrants
without discrimination. They retain this obligation towards all migrants who fall
within their jurisdiction or effective control, including extraterritorially, where
applicable, irrespective of whether they have outsourced certain immigration
detention and border control functions to a private actor. In order to fulfil their
obligations in this regard, States must urgently strengthen their legal and regulatory
frameworks governing the provision of private military and security services, paying
particular attention to companies to whom they have contracted inherent State
functions and those whose activities take place in high-risk environments, where the
risk of serious human rights impacts is elevated. Specific regulations and related
monitoring mechanisms should be crafted for those companies providing such services
in immigration and border management.
79.
States should use all tools at their disposal to enforce human rights standards,
including licensing or authorization mechanisms and contracts. Contracts between
public agencies and companies regarding immigration and border management
functions should include sufficiently detailed provisions on human rights compliance
in line with international standards, regular reporting requirements and robust
human rights monitoring provisions, and effective means for addressing contractor
non-compliance, including contract termination and ensuring that the company is not
rehired.
80.
States should undertake regular and comprehensive reviews of advanced
technologies purchased from and maintained by companies for immigration and
border management, with the aim of assessing their human rights compliance. Where
the use of certain technologies is found to have contributed to or directly caused
human rights violations and abuses, States should discontinue or revise their use to
ensure they are used in line with their international law obligations only. They should
communicate the findings to companies with requirements regarding modifications of
their products and services, or notification of the discontinuation of the use of the
technologies.
81.
States must publicly disclose detailed and appropriate levels of information on
immigration detention and border control functions outsourced to business entities.
They should strengthen national oversight mechanisms and ensure that they, along
with national human rights institutions and independent civil society organizations,
are mandated and able to monitor human rights compliance of privatized
immigration and border security services, including ensuring access to all places
where migrants are deprived of their liberty, and adequate access to relevant public
research and policy forums.
82.
States should introduce checks and balances to limit undue influence of these
companies on national, regional and international policymaking on migration
governance.
83.
Regarding the collection, storage and use of biometric and other data on
migrants, States must require companies to ensure that the systems they provide and
manage are regulated by law and comply with international standards and best
practice on data protection and privacy. Such data should be, inter alia, proportionate
to a legitimate aim, obtained lawfully, accurate and up-to-date, stored securely for a
limited time and disposed of safely and securely.
84.
States should terminate the practice of outsourcing the overall operation of
immigration detention facilities to private military and security companies, and
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