A/HRC/45/9
determine research priorities on the basis of which public funding is channelled to corporate
entities in programmes dedicated to financing “research and development” projects.
Moreover, through their participation in committees, forums and other bodies, they also
ensure that their favoured technical requirements are integrated within policies, calls for
proposals, tenders, bids and project specifications. This is a win-win situation for these
companies, as they are awarded funding to undertake research to pilot their equipment and
technologies and then benefit from subsequent contracts when Governments and regional
organizations roll them out.26
35.
This process has also contributed to the positioning of industry representatives as
legitimate and unrivalled experts on border security who claim to deliver productivity,
efficiency and effectiveness. Through this expertise, these companies frame the response to
migration as one necessarily characterized by emergencies, crises and perceived threats,
feeding and reinforcing the exclusionary, hard-line immigration narratives of a number of
Governments. On this basis, they push for security, and often militarized, “solutions”
through new and dual-use technologies.
36.
Moreover, these companies have considerable in-house and external lobbying
capacity, enabling a wider sphere of direct and indirect influence. In several countries, and
in institutions of regional organizations, corporate representatives and public officials
responsible for developing and implementing migration policies have regular interaction,
for example during industry days, commercial fairs and corporate conferences. Companies
also use their access to media outlets to influence the narrative, and at times, produce
papers with recommendations to guide policy directions. This is facilitated by companies’
executive hiring decisions, with government officials often recruited to leadership positions
in these companies. One glaring example is that of a senior government official who was
instrumental in further tightening national security-focused migration policies that resulted
in increased use of immigration detention, before joining the board of a company operating
immigration detention centres.27
37.
In Europe and North America, where most of the companies providing security
services for immigration detention and border control are concentrated, industry lobby
organizations representing arms and security companies have developed. Profit making
provides a strong incentive to push for repressive immigration laws and practices, such as
further criminalization of migration and increased use of immigration detention. Owing to
their size and economic power, these companies exert significant influence over regulatory
and policy decisions in different ways, ranging from discussions in the corridors of power
to campaign contributions to relevant parliamentary or other decision-making bodies or
individuals. 28 For example, since 2009, the United States Congress has authorized
appropriation bills that require the relevant authorities to maintain a quota of beds
(currently 34,000) in immigration detention centres on a daily basis, irrespective of the
actual number needed, reportedly following significant lobbying and financial contributions
by companies running such centres.29
38.
Over the years, such companies’ influence has become pervasive and entrenched.
Many States have become dependent on private military and security companies for a wide
range of aspects of immigration and border management. This has resulted in a regressive
shift of expertise away from States and towards the private sector. The increasing reliance
on technological “solutions” that are constantly updated in line with new innovations has
also made the companies behind them indispensable to the practical development and
implementation of State security-centric migration policies. This has not only paved the
way for the massive growth of the border security industry, but also ensured a steady
26
27
28
29
See submissions by Lemberg-Pedersen and Rübner Hansen, Transnational Institute and porCausa
Foundation.
See submission by the Center for International Human Rights of Northwestern Pritzker School of
Law.
Ibid., and submissions by Transnational Institute and porCausa Foundation.
References are made throughout the present report to urgent appeals and allegation letters sent by
special procedures of the Human Rights Council. All such communications are available from
https://spcommreports.ohchr.org/TmSearch/Results. In the present case, see USA 18/2018. See also
submissions by Transnational Institute, Transnational Legal Clinic of the University of Pennsylvania
Carey School of Law, Detention Watch Network and Project South.
9
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