A/HRC/31/35
human rights impact of migrant smuggling;77 immigration detention in transit and
alternatives to detention;78 and violence against migrants and fatalities in transit.79
V. Recommendations
66.
The High Commissioner recommends that effective measures be put in place to
address the human rights protection gap for migrants in transit, including those who
move in large movements. States should sign, ratify and implement all core
international human rights instruments and other relevant standards of international
refugee law, criminal law, labour law and the law of the sea and ensure that all
relevant laws, regulations and administrative practices protect, respect and fulfil the
human rights of all migrants in transit without discrimination. In addition, States are
encouraged to ensure that migrants have access to regular, safe and affordable
channels for migration as well as access to humanitarian assistance and protection in
order to reduce opportunities for abuse and violations of the human rights of
migrants in transit. The situation of children and other groups that can be
discriminated against on multiple grounds (such as women at risk) should receive
particular scrutiny.
67.
The High Commissioner recommends that States and other stakeholders as
relevant, should:
(a)
Enable the access of all migrants in transit to justice and to effective
remedies, including in cases of violence and abuse, whether inflicted by officials or by
private individuals, groups or institutions;
(b)
Establish, operate and maintain adequate and effective rescue services at
all international borders, including search and rescue at sea services in coastal States;
(c)
Ensure that returns from all areas where the State exercises jurisdiction
or effective control, including extraterritorially, are only carried out in accordance
with international law and with due procedural guarantees. States should make every
effort to secure the sustainability of returns;
(d)
Develop mechanisms to assess the individual situation of migrants in
transit, without discrimination, and to prevent their expulsion until such an
assessment has been completed in order to, inter alia, uphold the principles of nonrefoulement and the prohibition of collective expulsion;
(e)
Ensure that migrants in transit who are victims of violence, physical and
mental abuse and exploitation are referred to the appropriate services, including
medical and psychosocial services; and provide migrants, in particular girls and
77
78
79
More research is needed on the complex dynamics linking migrants’ decisions, smugglers’ practices
and policy responses. See Jacob Townsend and Christel Oomen, Before the Boat: Understanding the
Migrant Journey, (Brussels, Migration Policy Institute, 2015), p. 13. Available from
www.migrationpolicy.org/node/15288.
The Global Detention Project has highlighted a severe lack of information about the number of
migrants and asylum seekers in detention across Europe. See Global Detention Project, The
Uncounted: Detention of Migrants and Asylum Seekers in Europe, 2015.
UNODC observed that data and information is particularly required on the root causes of violence
against migrants and their families and on patterns of migration. See UNODC and International
Federation of Red Cross and Red Crescent Societies, Combating violence against migrants: Criminal
justice measures to prevent, investigate, prosecute and punish violence against migrants, migrant
workers and their families and to protect victims (Vienna, 2015).
17
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