Category Archives: OHCHR

by | 23 Oct 2014 · 05:10

OHCHR Releases Recommended Principles and Guidelines on Human Rights at International Borders

The Office of the High Commissioner for Human Rights yesterday issued Recommended Principles and Guidelines on Human Rights at International Borders. OHCHR, along with multiple stakeholders, has been working on the principles and guidelines since 2012.

Excerpts:
“I. Introduction
A. Human rights at international borders
1. International borders are not zones of exclusion or exception for human rights obligations. States are entitled to exercise jurisdiction at their international borders, but they must do so in light of their human rights obligations. This means that the human rights of all persons at international borders must be respected in the pursuit of border control, law enforcement and other State objectives, regardless of which authorities perform border governance measures and where such measures take place.
2. Migration discourse is replete with terminology used to categorize people who migrate, such as “unaccompanied or separated children”, “migrants in irregular situations”, “smuggled migrants” or “victims of trafficking in persons”. In the complex reality of contemporary mobility it can be difficult to neatly separate people into distinct categories as people may simultaneously fit into several categories, or change from one category to another in the course of their journey. Every individual who approaches an international border has different motivations and it is important to remember that under international human rights law, States have obligations towards all persons at international borders, regardless of those motives.
3. States have legitimate interests in implementing border controls, including in order to enhance security, to protect human rights, and to respond to transnational organized crime. The Office of the High Commissioner for Human Rights (OHCHR) has therefore put together these Recommended Principles and Guidelines (“The Guidelines”) with a view to translating the international human rights framework into practical border governance measures. The Guidelines assert a human rights-based approach deriving from the core international human rights instruments and anchored in the interdependence and inalienability of all human rights, seek to establish accountability between duty-bearers and rights-holders, emphasis participation and empowerment, and focus on vulnerability, marginalization and exclusion.
4. Further, underpinning these Guidelines is a recognition that respecting the human rights of all migrants regardless of their nationality, migration status or other circumstances, facilitates effective border governance. Policies aimed not at governing migration but rather at curtailing it at any cost, serve only to exacerbate risks posed to migrants, to create zones of lawlessness and impunity at borders, and, ultimately, to be ineffective. Conversely, approaches to migration governance that adhere to internationally recognized human rights standards, serve to bolster the capacity of States to protect borders at the same time as they uphold State obligations to protect and promote the rights of all migrants. Ultimately then, these Guidelines are recommended to States and other stakeholders not only because they are obliged to put human rights at the forefront of border governance measures, but also because they have an interest in doing so.
[***]
9. These Guidelines shall not be interpreted as restricting, modifying or impairing the provisions of applicable international human rights law, international humanitarian law, international refugee law or other relevant legal instrument or rights granted to persons under domestic law. 1
Footnote 1 – In order to avoid duplication of authoritative guidance, the present Guidelines should be read in conjunction with the guidance provided by the Office of the United Nations High Commissioner for Refugees (UNHCR), including in the context of its 10-Point Plan of Action on Refugee Protection and Mixed Migration which emphasises the need for “protection sensitive entry systems” at international borders to identify, protect against non-refoulement and ensure access to asylum procedures for persons in need of international protection. For trafficked persons, the present Principles and Guidelines should be read in conjunction inter alia with OHCHR’s Recommended Principles and Guidelines on Human Rights and Human Trafficking.
[***]
II. Recommended principles on human rights at international borders
A. The primacy of human rights
1. States shall implement their international legal obligations in good faith and respect, protect and fulfil human rights in the governance of their borders.
2. States shall ensure that human rights are at the centre of the governance of migration at international borders.
3. States shall respect, promote and fulfil human rights wherever they exercise jurisdiction or effective control, including where they exercise authority or control extraterritorially. The privatisation of border governance functions does not defer, avoid or diminish the human rights obligations of the State.
[***]
B. Non-discrimination
8. The principle of non-discrimination shall be at the centre of all border governance measures. [***]
C. Assistance and protection from harm
10. States shall protect and assist migrants at international borders without discrimination. Human rights obligations, including in respect of civil, political, economic, social and cultural rights, must take precedence over law enforcement and migration management objectives.
11. States shall ensure that all border governance measures taken at international borders, including those aimed at addressing irregular migration and combating transnational organized crime, are in accordance with the principle of non-refoulement and the prohibition of arbitrary and collective expulsions.
12. States shall consider the individual circumstances of all migrants at international borders, with appropriate attention being given to migrants who may be at particular risk at international borders who shall be entitled to specific protection and individualized assistance which takes into account their rights and needs.
13. States shall ensure that all migrants who have suffered human rights violations or abuses as a result of border governance measures have equal and effective access to justice, access to effective remedies, adequate, effective and prompt reparation for harm suffered, and access to relevant information concerning violations and reparation mechanism. States shall investigate and, where warranted, prosecute human rights violations and abuses, impose sentences commensurate with the seriousness of the offence, and take measures to ensure non-repetition.
III. Recommended Guidelines on human rights at international borders
Guideline 1: Promotion and protection of human rights [***]
Guideline 2: Legal and policy framework [***]
Guideline 3: Building human rights capacity [***]
Guideline 4: Ensuring human rights in rescue and interception [***]
Guideline 5: Human rights in the context of immediate assistance [***]
Guideline 6: Screening and interviewing [***]
Guideline 7: Identification and referral [***]
Guideline 8: Avoiding detention [***]
Guideline 9: Human rights-based return or removal [***]
Guideline 10: Cooperation and coordination [***]”

 
Click here or here for Principles and Guidelines.

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by | 17 Oct 2014 · 07:44

OHCHR to Issue Recommended Principles and Guidelines on Human Rights at International Borders (22 Oct-Brussels; 23 Oct-New York)

The Office of the High Commissioner for Human Rights next week will launch Recommended Principles and Guidelines on Human Rights at International Borders. The Guidelines will be released and discussed at events in Brussels on 22 October 2014 and New York on 23 October.

From OHCHR: “These Guidelines are offered by OHCHR to states and other relevant stakeholders to develop human-rights respecting border governance measures; and thus improve the respect, protection and fulfilment of migrants at international borders.”

“OHCHR has been working on these principles and guidelines since 2012, together with multiple stakeholders. They accompany the report of the Secretary-General on the Protection of Migrants (A/69/277) (also available here) and will be provided to the 69th session of the General Assembly (GA).”

“International borders are not zones of exclusion or exception of human rights obligations. States have the duty to comply with their human rights obligations and all of the safeguards and checks and balances that are embedded in national legislation. States are bound by these duties wherever they exercise their jurisdiction; including where their migration governance operations take place.”

“Policies curtailing migration often result in the diversion of migrants into irregular channels where vulnerabilities are exacerbated. Conversely, rights-based approaches to border and migration governance that adhere to internationally recognized standards bolster the capacity of the international community to mount effective and sustainable challenges to abusive migration and transnational organized crime. Developing a set of principles and guidelines on human rights at international borders would offer tools to translate the international human rights framework into practical measures for border governance, ensuring that measures taken to address migration (including irregular migration), migrant smuggling, and other cross-border phenomena do not violate human rights.”

Click here (Brussels event) and here (New York side event) for more information on the release of the Guidelines.

The Guidelines will be made available here on 21 October 2014: http://www.ohchr.org/EN/Issues/Migration/Pages/WSReportGA69.aspx.

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by | 05 Dec 2012 · 05:52

UN Special Rapporteur on HR of Migrants expresses concern over plight of irregular migrants in Greece; calls for EU assistance; Frontex patrolling Greece-Italy sea border

The UN Special Rapporteur on the human rights of migrants, Prof. François Crépeau, has completed  a nine-day official visit to Greece, the fourth and last country visit in connection with a “a one-year comprehensive study to examine the rights of migrants in the Euro-Mediterranean region, focusing in particular on the management of the external borders of the European Union.”  The Special Rapporteur will present a thematic report on the human rights of migrants at the borders of the European Union to the UN Human Rights Council in May/ June 2013.  In addition to the visit to Greece, he previously conducted official visits to EU offices in Brussels, Tunisia, Turkey, and Italy.

One point of particular interest in the Special Rapporteur’s end-of-mission statement is that Frontex sea patrols in Greece are not along being used to patrol the external sea border of the EU (Greece-Turkey), but are also being used to patrol the sea border between Greece and Italy to prevent irregular migrants from leaving Greece.  (Is this within Frontex’s mandate?)  According to the end-of mission statement, Frontex Joint Operation Poseidon Sea “which used to cover the sea border between Greece and Turkey, was extended in 2012 to also cover the west coast of Greece, where migrants trying to reach Italy by boats operated by smugglers are intercepted and returned to Greece.”

The Special Rapporteur also notes “[t]he enhanced border controls at the Greek-Turkish land border under operation ‘Aspida’ (‘Shield’) initiated in August 2012, which included the deployment of approximately 1800 border police officers, coupled with the construction of a fence and the Frontex operation ‘Poseidon Land’ have resulted in a renewed influx of irregular migrants via the islands of the eastern Aegean Sea, with boats arriving on the different islands almost daily.”

Here are additional excerpts from the end-of-mission statement:

“[W]hile most EU countries have stopped returning asylum seekers to Greece under the Dublin II Regulation due to a decision of the European Court of Human Rights (M.S.S. vs Belgium and Greece), I was informed that there are still some returns to Greece based on this Regulation.”

“As the large number of irregular migrants stuck in Greece is mainly a result of EU policies and practices, there is a strong need for solidarity and responsibility-sharing within the EU in order to ensure full respect of the human rights of all these migrants.”

“While the role of the EU in managing the migration flows in Greece is crucial, the Greek government also needs to significantly step up its efforts in order to ensure that the rights of all migrants within its territory are fully respected.”

“I am deeply concerned about the widespread xenophobic violence and attacks against migrants in Greece, and I strongly condemn the inadequate response by the law enforcement agencies to curb this violence, and to punish those responsible.”

“I also deeply regret the Greek government’s new policy of systematically detaining everyone they detect irregularly entering the Greek territory, including unaccompanied children and families. I also regret the ‘sweep operations’ in the context of operation ‘Xenios Zeus’, which have led to widespread detention of migrants in different parts of the country, many of whom have lived and worked in Greece for years.”

Among the several preliminary recommendations to Greece and the EU was the recommendation that the EU “[e]nsure that the full protection of the human rights of all migrants, regardless of their status, is the primary consideration for its support to the Greek efforts in managing the migration flow entering the EU territory, including in relation to the activities undertaken by Frontex at the Greek borders.”

Click here for complete End-of-Mission Statement.

Click here for my previous post on the Special Rapporteur’s visits to other countries.

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by | 27 Jan 2012 · 05:39

Pillay: Extreme Concern Regarding Ill-Treatment of Detainees in Libya, Including Large Number of Sub-Saharan Africans

UN High Commissioner for Human Rights Navi Pillay addressed the UN Security Council on 25 January regarding the situation in Libya.  Pillay expressed extreme concern regarding the conditions of detention in Libya faced by thousands of detainees, including a large number of Sub-Saharan African nationals, and called for all detention centres to be brought under the control of the Ministry of Justice and the General Prosecutor’s Office.

Amnesty International and MSF have both just released additional reports documenting ongoing torture of detainees in Libya.

Excerpts from Pillay’s statement:

“The Interim Government still does not exercise effective control over the revolutionary brigades and this has human rights repercussions in a number of areas. …

A related area that I am extremely concerned about is the conditions of detention and treatment of detainees held by various revolutionary brigades. The ICRC visited over 8,500 detainees in approximately 60 places of detention between March and December 2011. The majority of detainees are accused of being Gaddafi loyalists and include a large number of sub-Saharan African nationals. The lack of oversight by the central authorities creates an environment conducive to torture and ill-treatment. My staff have received alarming reports that this is happening in places of detention that they have visited.

It is therefore urgent that all detention centres are brought under the control of the Ministry of Justice and the General Prosecutor’s Office. Moreover, a structure and process for judicial screening of detainees should be put in place immediately so that those detainees held without any legal basis can be released while others receive a fair trial. … However, detainees continue to be held in unacceptable circumstances outside any legal framework or the protection of the state….”

Click here for Pillay’s Statement.

Click here for AI Statement.

Click here for MSF Statement.

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by | 23 Jun 2011 · 16:18

Hirsi v Italy: UNHCR’s Oral Intervention Before ECtHR Grand Chamber

UNHCR released the text of its oral submission as a third party intervener before the ECtHR Grand Chamber in Hirsi and others v Italy, Requête no 27765/09.  The oral submission was made by Madeline Garlick, Head of Policy and Legal Support Unit, Bureau for Europe.

Note UNHCR’s disagreement with the Government of Italy’s position on the extraterritorial applicability of Article 4 of Protocol 4’s prohibition of collective expulsion:  “Although it is of primary importance to this case, UNHCR today will not address Article 4 of Protocol 4 of the European Convention on Human Rights, since the Office of the United Nations High Commissioner for Human Rights covers it comprehensively in its written submission. UNHCR supports and shares the views expressed in that submission, holding that the prohibition of collective expulsion is at stake in this case including in relation to extraterritorial acts.”

Click here for the full text of UNHCR’s oral submission.

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by | 18 Jun 2011 · 06:59

HRC Adopts Resolution on Migrants and Asylum Seekers Fleeing North Africa; Calls for Inquiry Into Allegations of Failures to Rescue Boats in Distress

The UN Human Rights Council, 17th Session, on Friday, 17 June, adopted a resolution (A/HRC/17/L.13) on Migrants and Asylum Seekers Fleeing from Events in North Africa.  The Resolution recalls states’ obligations under human rights, humanitarian, and refugee law, including the obligation of non-refoulement and called for ships patrolling the Mediterranean Sea to provide assistance to non-seaworthy boats leaving North Africa.

The Resolution also calls for “a comprehensive inquiry into the very troubling allegations that sinking vessels carrying migrants and asylum seekers fleeing the events in North Africa were abandoned to their fate despite the alleged ability of European ships in the vicinity to rescue them, and welcomes the call made by the Council of Europe in this regard on 9 May 2011.”  [NB – this quoted text is taken from a 15 June version of the Resolution and may not reflect the final approved language. frenzen]

The Resolution was adopted by a vote of 32 in favour, 14 against, and no abstentions:

In favour (32): Angola; Argentina; Bahrain; Bangladesh; Brazil; Burkina Faso; Cameroon; Chile; China; Cuba; Djibouti; Ecuador; Gabon; Ghana; Guatemala; Jordan; Kyrgyzstan; Malaysia; Maldives; Mauritania; Mauritius; Mexico; Nigeria; Pakistan; Qatar; Russian Federation; Saudi Arabia; Senegal; Thailand; Uganda; Uruguay and Zambia.

Against (14): Belgium; France; Hungary; Japan; Norway; Poland; Republic of Korea; Republic of Moldova; Slovakia; Spain; Switzerland; Ukraine; United Kingdom and United States.

Excerpts from the Afternoon 17 June summary of the HRC meeting:

“OSITADINMA ANAEDU (Nigeria), introducing draft resolution L.13, said the African Group recognized that due to the recent crisis situation in North Africa, migrants had suffered great hardship. Migrants were fleeing, not flowing out of North Africa. People were running away because their lives were at risk. Other root causes for migration did not apply in this case.  This resolution had been difficult to establish. Nigeria thanked all partners for their efforts in developing the draft resolution. The information emanating from North Africa was such that while neighboring countries did quite a lot in accommodating migrants, there were substantial difficulties in traveling from North Africa. Some people had even died at sea. Nigeria took note that some countries did provide assistance through their offices of migration or other mechanisms. The hardship suffered by migrants should be investigated in order to clarify the problems that arose and ensure this situation was not repeated. Nigeria believed that the Special Rapporteur, working with the High Commissioner, would be able to provide information about how to deal with such a situation in the future. The African Group would appreciate if the draft resolution would be approved by consensus.

[***]

ANDRAS DEKANY (Hungary), speaking on behalf of the European Union in an explanation of the vote before the vote, noted that the European Union had assisted greatly with the humanitarian effort in Libya. From the outset the European Union had been at the forefront of humanitarian response. The European Union had been active in repatriating third country nationals.  This had been vital in reducing the stress on neighboring countries. The draft text was circulated late. The European Union had engaged in a constructive spirit on the text, while retaining a specific focus that would address the issue at stake in a more balanced and legally accurate manner, notably when referring to issues related to refugee law and law of the sea. It noted that this was particularly true with regard to PP7 and operative paragraphs, which introduced new language that was not consistent with public international law. The resolution did not capture the multi-dimensional aspects of the problem. There was no reference to the overall human rights situation in the region, and therefore the root causes of the plight of migrants.  The resolution did not refer to the responsibility of criminal traffickers and continued to characterize the situation in an unbalanced way. The European Union and its Member States had continued to observe the principle of non-refoulement. Not a single refugee had been subjected to refoulement. The European Union called for a vote and noted that it would vote against the resolution.

EILEEN CHAMBERLAIN (United States), speaking in an explanation of the vote before the vote on L. 13, said the United States shared concern for the migrants and asylum seekers fleeing the violence in Libya. A resolution requiring countries to recognize their obligations under international law and support victims of violence and migrants from Libya was important.  However, this resolution assigned the sole responsibility to countries of destination and avoided reference to the root causes of the problem. The draft resolution used language that misconstrued State obligations and responsibilities regarding those migrants and asylum seekers. The sponsors had delayed introduction of the draft resolution, thus allowing only a restricted period to review and provide comments on the draft resolution. The United States regretted that the manner the resolution was developed belied its importance and sent the wrong message to the Gaddafi forces.”

Click here for UN News Centre summary.

Click here for the AFTERNOON 17 June 2011 summary of the HRC meeting.

Click here or on this link [ L.13 Document As Received ] for Resolution “document as received.”

Click here for Resolution “document as issued.” [NB – this may not be the final approved version.]

Click here  or on this link [ L.13 Oral Revision ] for Resolution “oral revision.”

Click here,  here or here for final versions of resolutions when available.  [HRC Extranet registration may be required.]

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by | 21 May 2010 · 05:06

UPR of Spain Largely Ignores Interdiction and Readmission Practices

Spain was one of 15 countries whose records were reviewed during the 8th session of the Human Rights Council’s Universal Periodic Review (UPR) Working Group from 3-15 May 2010.  While reference is made to the treatment of asylum seekers and migrants who reach Spanish territory, little attention was directed (at least not in the national report or the Working Group’s Draft report) to the treatment of migrants intercepted at sea before reaching Spanish territory in the Canary Islands or elsewhere.  Likewise little attention was paid to the provisions and implementation of Spain’s several bilateral readmission agreements with various countries such as Senegal.

According to the Draft report, Spain agreed with a general recommendation to “[t]ake all measures necessary to ensure that actions related to unaccompanied minors (migrants, asylum seekers, refugees, victims of trafficking) are in line with international standards.” [Section II, Para. 84(54).]  But Spain did not agree to several more specific recommendations, instead agreeing only to “examine” and “provides responses” to the recommendations no later than September 2010 when the Human Rights Council meets for its 15th session.

Three of the more detailed recommendations were:

  • “Respect fully the principle of non-refoulement and ensure effective access to asylum procedures, taking into account the objectives of UNHCR’s 10-Point Plan on Mixed Migration” (New Zealand);
  • “Undertake a review of its readmission agreements with respect to refugees and asylum-seekers, and amend them as necessary to ensure that they contain human rights guarantees in line with international standards” (Canada); and
  • “Consider access to asylum procedures for victims of trafficking (Costa Rica).

[Section II, Para. 86(28-30).]

Click here for link to UPR site for Spain.

Click here for the Draft report of the Working Group.

Click here for Spain’s national report submitted to the Working Group.

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by | 12 Mar 2010 · 06:02

Pillay Deplores Italy’s Criminalisation of Migrants

ANSAMed reported that speaking before the Foreign Affairs Commission of the Italian Chamber of Deputies, UN High Commissioner for Human Rights Navathenem Pillay said “I deplore the tendency to criminalise illegal immigration and wonder what led to illegal immigration becoming a criminal offense [in Italy].”  “Pillay also spoke out against Italy’s policy of sending back migrants at its borders. ‘Those requesting asylum have to be able to be heard, and the policy of sending them back prevents this. The latter constitutes a violation’ of human rights.’”

Click here for article.

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by | 02 Mar 2010 · 16:56

OHCHR Calls for Egypt to Halt Use of Deadly Force Against Migrants

UN High Commissioner for Human Rights Navi Pillay has called on the Egyptian Government to issue an immediate order to its security forces to halt the killings of unarmed migrants attempting to enter Israel through the Sinai Desert.

“While migrants often lose their lives accidentally while traveling in over-crowded boats, or trying to cross remote land borders, I know of no other country where so many unarmed migrants and asylum-seekers appear to have been deliberately killed in this way by Government forces. …  It is a deplorable state of affairs, and the sheer number of victims suggests that at least some Egyptian security officials have been operating a shoot-to-kill policy. It is unlikely that so many killings would occur otherwise. Sixty killings can hardly be an accident.”

OHCHR also called for an independent inquiry in the deaths of the approximately 60 migrants who have been killed by Egyptian security forces since mid-2007.  Most of the migrants are from sub-Saharan Africa.

Click here for full article.

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