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Report on means to address the human rights impact of pushbacks of migrants on land and at sea - Report of the Special Rapporteur on the human rights of migrants, Felipe González Morales (A/HRC/47/30)

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Human Rights Council
Forty-seventh session
21 June–9 July 2021
Agenda item 3
Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Summary

The present report, submitted in accordance with Human Rights Council resolution 43/6, provides an account of the activities undertaken by the Special Rapporteur on the human rights of migrants, Felipe González Morales, during the reporting period. It also provides a thematic study on means to address the human rights impact of pushbacks of migrants on land and at sea.

The practice of “pushbacks” is widespread and exists along most migration routes. Pushbacks manifest an entrenched prejudice against migrants and demonstrate a denial of States’ international obligations to protect the human rights of migrants at international borders. The report provides an examination of current pushback practices and trends and an analysis of their impact on the human rights of migrants. The Special Rapporteur concludes that, in the absence of an individualized assessment for each migrant concerned and other procedural safeguards, pushbacks result in human rights violations incompatible with States’ obligations under international human rights law, in particular, the prohibition of collective expulsion and refoulement.

I. Introduction

  1. The present report is submitted pursuant to Human Rights Council resolution 43/6. It contains information on the activities of the Special Rapporteur on the human rights of migrants, since the submission of his report to the General Assembly at its seventy-fifth session (A/75/183). The thematic section consists of a study on means to address the human rights impact of pushbacks of migrants on land and at sea.