Summary

In this report, the Working Group highlights the impact on the protection of the human rights of all migrants of the increased use of private military and security services in immigration and border management. In the absence of a universally accepted definition, the Working Group uses the term ‘migrant’ to refer to any person who is outside a State of which he or she is a citizen or national, or, in the case of a stateless person, his or her State of birth or habitual residence. This term includes a wide range of categories, including migrant workers, refugees, victims of trafficking, women, children, or any other category who may be at risk of human rights violations and abuses due to the activities of PMSCs.

The report outlines the overall context in which these services are provided and the relevant normative framework. It examines four main categories of services: i) provision of research and technical expertise; ii) border security technologies and monitoring services; iii) immigration detention, returns and removals; and iv) the implementation of “externalization” policies. It shines a light on the impact of these services on the human rights of all migrants.

The report then looks at the lack of transparency, oversight and accountability of companies operating in this sector, and the impact on effective remedies for victims of violations and abuses by these companies. It concludes that, at times, companies are directly responsible for human rights abuses of migrants, notably in situations of deprivation of liberty; while in other instances, they are complicit in widespread human rights violations and abuse caused by other actors, such as immigration and border authorities.

The Working Group ends its report with recommendations addressed primarily to States and private military and security companies, aimed at triggering a fundamental evaluation of the role that companies play in reinforcing security over humanitarian approaches to immigration and border management, as well as the specific security services they provide in this sector.