GENEVA – The continued expansion of the externalisation of migration governance is exposing migrants and asylum seekers to serious human rights risks and undermining fundamental principles of international human rights law, the Special Rapporteur on the human rights of migrants, Gehad Madi, warned today.
“Externalisation continues to expand despite longstanding human rights concerns,” Madi said, presenting his latest report to the Human Rights Council.
The report identifies recent developments in three forms of externalisation: measures aimed at preventing migrants from reaching destination States, the outsourcing of asylum procedures to third countries, and arrangements allowing the removal of migrants to third States, including countries with which they have no prior connection.
Madi expressed concern about the increasing reliance on “safe third country” concepts and the expansion of transfers to so-called “return hubs”, which may expose individuals to chain refoulement and other serious human rights violations.
According to the Special Rapporteur, externalisation practices create significant risks of human rights violations, including refoulement, arbitrary detention, ill-treatment, forced labour, denial of effective remedies, and interference with family life. The report also highlights the growing use of surveillance technologies, including biometric systems and border-monitoring tools, as part of externalisation arrangements.
Particular attention is devoted to the impact of externalisation on persons in vulnerable situations. The report highlights heightened risks faced by children, women and girls, persons of diverse sexual orientation, gender identity, gender expression and sex characteristics, and individuals exposed to intersecting forms of discrimination.
A recurring concern identified in the report is the lack of transparency surrounding migration cooperation arrangements. The Special Rapporteur called for the systematic use of human rights impact assessments, independent human rights monitoring mechanisms and accessible complaint procedures to strengthen accountability and compliance with international human rights standards.
The Special Rapporteur urged States to ensure that migration cooperation fully complies with international human rights law, to refrain from measures leading to direct or indirect violations of the principle of non-refoulement, and to ensure transparency and effective independent monitoring of all externalisation measures.
“Rather than outsourcing responsibilities through arrangements that create significant human rights risks, States should prioritise rights-based, fair and sustainable migration and asylum systems,” Madi said. “Ultimately, the question raised by externalisation is not only how States manage migration, but also what kind of societies we aspire to be.”
