The UN Human Rights Committee (UNHRC) concluded its 139th session on Friday after reviewing reports from Iran, Kuwait, the Republic of Korea, Trinidad and Tobago, the United States and Venezuela. It said there had been positive developments in all countries, but identified concerns and proposed recommendations. In particular, the UNHRC criticised the Biden administration’s approach to US immigration policy, saying the US may be at risk of violating treaty obligations by failing to protect the rights and safety of individuals, including children.
The UNHRC said it was “gravely concerned” by the administration’s “circumvention of lawful channels” rule, which aims to “incentivise” the use of lawful channels and discourage irregular migration. The US Customs and Border Protection (CBP) mobile app also concerned the UNHRC because of data protection and privacy issues. The UNHRC also pointed to Biden’s “enhanced expedited removal” programme, which requires asylum seekers to pass an initial screening by border control officers before they can speak to an immigration judge, as another source of concern.
The UNHRC said that these policies limit the effective protection of asylum seekers’ rights and increase the risk of violations of the principle of non-refoulement. In addition, conditions in detention centres in migrant camps are poor: people, including children, are exposed to violence and inadequate access to food, and access to legal counsel is difficult. The UNHRC’s proposals aim to prevent deaths in the camps, ensure that translators and legal aid are available, and bring living conditions in migrant camps up to international standards.
In Trinidad and Tobago’s report, the UNHRC was not convinced that the country’s Office of the Ombudsperson and the Equal Opportunities Commission fully comply with the Paris Principles relating to the status of national institutions for the promotion and protection of human rights. The report calls for the establishment of an independent human rights institute in line with the Paris Principles. Other states, such as Korea and Venezuela, were urged to implement measures to increase political transparency and to maintain stronger anti-corruption measures in order to improve human rights. Iran and Kuwait were urged to review their policies on gender equality and discrimination as the next step in improving human rights.
The Committee will hold its 140th session from 4 to 28 March 2024, when it is expected to consider the periodic reports of Chile, Guyana, Indonesia, Namibia, Serbia, Somalia and the United Kingdom.
