A/HRC/45/9
management and security now a lucrative source of contracts. While the biggest markets
have traditionally been concentrated in countries of destination as part of policies to stem
migration, demand for such services in countries of transit and/or departure is steadily
growing, spurred by externalization and other measures. 12
22.
In recent years, a growing number of States have contracted national or local
construction and infrastructure companies to erect physical barriers in the form of walls,
fences, often fitted with razor wire, and watchtowers along their land borders. Border
guards are deployed at various points along these physical structures, and in some locations,
private security guards are also present. In addition, guards tasked with preventing entry by
land, air and sea are equipped with physical assets, such as maritime patrol vessels, drones,
helicopters and airplanes, purchased from large defence companies and national, and
sometimes transnational, shipbuilders.13 As explained below, high-tech tools are deployed
in support of this physical infrastructure and equipment. These businesses have thus
become de facto part of the policies of securitization of borders and criminalization of
migrants.
23.
The market is dominated by a few large transnational companies, many of which
have complex forms of ownership, such as conglomerates and joint ventures, with frequent
acquisitions and branching off or subcontracting. 14 This manner of functioning enables
these companies to maximize profits by providing services through multiple subsidiaries
across several markets. Some of those companies enjoy partial State ownership facilitating
an alignment of company strategies and priorities with the State’s agenda. Financial
investors, such as private equity companies, also profit from this market by buying and
selling companies delivering these services. 15 Overall, the considerable and growing
corporate involvement in this sector has led to a commodification of immigration and
border management services, with such services being seen primarily as economic, profitmaking activities rather than as an essential function of the State to ensure security and
appropriate protection, as guaranteed by international law, for all those on its territory.
VI. Normative framework
24.
The international human rights framework sets out clear obligations for States to
respect, protect and fulfil the human rights of all people, including migrants, under their
jurisdiction, and responsibilities for companies to respect these rights. International human
rights law instruments provide guarantees concerning the full range of human rights that are
at risk as a result of the services provided by private military and security companies in
immigration and border management and in relation to which States assume obligations and
commit to take domestic measures and adopt national legislation reflecting those
obligations.
25.
All migrants, regardless of their status, are entitled to equal protection of their rights
under international human rights law. Specific groups are entitled to protections established
under international human rights law and other bodies of international law. Refugees and
asylum seekers must benefit from specific protection guaranteed by the Convention relating
to the Status of Refugees (1951) and the Protocol relating to the Status of Refugees (1967).
Migrant workers and members of their families, and children, are entitled to specific
protection under specific Conventions. 16 Within the framework of these instruments, States
have a duty to protect the rights of all migrants, including against any form of
discrimination, and are expected to undertake individual assessments of the circumstances
of each person in order to ensure the appropriate protection of their rights.
26.
The right to leave any country and the right to freedom of movement and residence
within the borders of each State is articulated in the Universal Declaration of Human Rights
12
13
14
15
16
6
See submission by Transnational Institute (all submissions will be available at
www.ohchr.org/EN/Issues/Mercenaries/WGMercenaries/Pages/Callroleprivatemilitary.aspx).
See submission by Transnational Institute.
See submission by Lemberg-Pedersen and Rübner Hansen.
Ibid., and submission by Kumar.
The International Convention on the Protection of the Rights of All Migrant Workers and Members of
Their Families, and the Convention on the Rights of the Child.
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