Case No
Country
Mandate(s)
USA 17/2011 Migrants;
16/09/2011 United States
OL
of America
BWA 1/2011
19/09/2011 Botswana
JAL
Summary of the allegation transmitted
Request for information on measures taken to ensure that legislation at state and federal
level ensures the protection of the human rights of migrants. The letter welcomes the
announcement by the Government of the USA on 18 August 2011 of a new policy according to
which deportation proceedings against irregular migrants who do not pose a clear threat to
national security and/or public security, have lengthy criminal record and/or egregious record of
immigration violations, will be suspended and subject to individual review. In this context,
further information is sought on the situation, treatment and status of irregular migrants in the
country, in particular the enactment of comprehensive federal legislation ensuring protection of
the human rights of migrants living in the USA. This is especially important in view of recent
enactment of immigration laws at the state level wnathich run counter to the international human
rights obligations of the USA. In this regard, several states (Alabama, Georgia, Indiana, South
Carolina, Utah) have reportedly enacted laws providing for the investigation and detention of
persons suspected of living or working irregularly in the USA.
Torture;
Alleged rape of young woman while in immigration detention. According to the information
Violence against received, Ms. X, a young woman from the Democratic Republic of the Congo, arrived to
women;
Botswana seeking asylum in December 2008. She was reportedly transferred to the Francistown
Centre for Illegal Immigrants as a matter of procedure, where she was held and allegedly raped in
2010. As a result of the alleged rape, Ms. X became pregnant and gave birth to a baby girl. In
August 2011, Ms. X and her newly-born baby were transferred to the Dukwi Refugee Camp of
UNHCR from where they were allegedly forcibly returned to Francistown Centre upon the
reported order of the head of the Ministry of Defence, Justice and Security in Gaborone. It is
reported that no further information had been released regarding their situation or wellbeing
since.
Reply
A/HRC/19/44
80
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