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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