The UN Human Rights Committee (UNHRC) recently concluded its 139th session, critically evaluating and commenting on the immigration policies of the Biden Administration. The UNHRC reviewed the reports of several countries, including Iran, Kuwait, Republic of Korea, Trinidad and Tobago, the US and Venezuela, finding positive elements but also noting areas of concern and offering recommendations. Notably, US immigration policy drew significant critique from the Committee.
The UNHRC voiced its disapproval of the US’s approach, raising concerns that its policies may risk violating treaty obligations by failing to adequately protect the safety and rights of individuals, including children. One such criticised policy is the “circumvention of lawful pathways“, which seemingly aims to encourage the use of legal avenues while deterring irregular migration. Data protection and privacy issues pertaining to the US Customs & Border Protection’s mobile app also raised red flags for the UNHRC.
The Committee expressed anxiety over the “enhanced expedited removal” program, which necessitates asylum seekers to pass an initial screening conducted by border control officers. Only following this screening are asylum seekers allowed to consult with an immigration judge. According to the UNHRC, such measures limit the effective rights protection available to asylum seekers, increasing the risk of breaching the non-refoulement principle – the practice of not forcing refugees or asylum seekers to return to a country in which they are liable to be subjected to persecution.
Apart from policy concerns, the UNHRC also called out the poor conditions of detention centres and camps for migrants. Inmates, children included, reportedly face instances of violence while access to legal counsel and adequate food supply remains tough. The Committee has urged the US to improve these conditions up to international standards and take steps to curb deaths in these camps.
The session wasn’t focused solely on the US, as the UNHRC also called into question various policies in different countries. The body expressed doubt whether Trinidad and Tobago’s Office of the Ombudsperson and Equal Opportunities Commission is in full compliance with the “Paris Principles“, which governs the workings of institutions for protection and promotion of human rights at the national level.
Countries like Korea and Venezuela were asked to strengthen anti-corruption measures and bolster political transparency as part of human rights enhancement. Iran and Kuwait, on the other hand, were urged to revisit gender equality and discrimination policies.
The 140th session of the UNHRC, scheduled from 4 to 28 March 2024, will review reports from Chile, Guyana, Indonesia, Namibia, Serbia, Somalia and the United Kingdom. For the full report related to the 139th session, click here.