A/HRC/31/35 III. Human rights concerns A. Dangerous interception practices 19. Dangerous interception practices have frequently led to human rights violations, including injury or death of migrants in transit. All persons, regardless of where they are, their legal status, nationality or mode of travel, are entitled to protection of their right to life.19 States should scrupulously avoid dangerous interception measures, including arbitrary or collective expulsions. 20 20. In May 2015, four Special Rapporteurs expressed their serious concern about the push-back policy implemented by the Governments of Thailand, Indonesia and Malaysia against irregular migrants in the Bay of Bengal, highlighting their particular concern about the impact of the policy and the lack of rescue on the health and personal safety of migrants while at sea.21 Similar concerns have been expressed about the turn-back policy operated by Australia to return boats to Indonesia, allegedly in unsafe conditions. 22 21. The 1979 International Convention on Maritime Search and Rescue requires States parties to ensure that assistance is provided to any person in distress at sea, regardless of the nationality or status of the person or the circumstances in which the person is found and to provide for his or her initial medical or other needs and deliver him or her to a place of safety. OHCHR has recommended that States should agree on what constitutes a situation of distress, nearest place of safety and safe ports, with a view to enhancing human rights protection for migrants.23 22. At land borders, the erection of fences, walls and other physical barriers to entry have raised concerns about the human rights impact of such measures. The Council of Europe Commissioner for Human Rights has expressed concern about the increased use of razor-wire fences, border controls and restrictions to free movement in several countries in Europe.24 23. Physical barriers to the movement of migrants in transit have been accompanied by a wide range of restrictive measures to restrict or deny access to territory, asylum procedures and other screening and identification procedures by migrants in transit, as well as accelerated or even summary returns. OHCHR has provided guidance to States to ensure the accountability of private transport companies and other private actors that are implementing entry restriction measures. 25 19 20 21 22 23 24 25 See Universal Declaration of Human Rights, art. 3; and International Covenant on Civil and Political Rights, art. 6 (1). OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders (see footnote 5), guideline 4.5. See https://spdb.ohchr.org/hrdb/30th/public_-_UA_Malaysia_21.05.15_(2.2015).pdf. Amnesty International, By Hook or by Crook: Australia’s Abuse of Asylum Seekers at Sea, (London, 2015). OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders, guideline 4.13. See Council of Europe, “Europe should lead by example by treating migrants and asylum seekers humanely and fairly,” Statement by the Commissioner for Human Rights, 13 November 2015. OHCHR, Recommended Principles and Guidelines on Human Rights at International Borders, guideline 4.6. See also the contribution to the present study from the Identity Project (http://papersplease.org). 7