Published Thursday, July 11, 2019
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Bachelet said several U.N. human rights bodies have found that the detention of migrant children may constitute cruel, inhuman or degrading treatment that is prohibited by international law. / A.M. Costa Rica wire services photo.




United Nations appalled by conditions of migrants and refugees in detention in the U.S.


By the A.M. Costa Rica staff


The U.N. high commissioner for human rights, Michelle Bachelet, said Monday she is appalled by the conditions in which migrants and refugees, children and adults, are being held in detention in the United States of America after crossing the southern border. She stressed that children should never be held in immigration detention or separated from their families.

Bachelet said several U.N. human rights bodies have found that the detention of migrant children may constitute cruel, inhuman or degrading treatment that is prohibited by international law.

“As a pediatrician, but also as a mother and a former head of state, I am deeply shocked that children are forced to sleep on the floor in overcrowded facilities, without access to adequate healthcare or food, and with poor sanitation conditions,” Bachelet, the former president of Chile, said.

“Detaining a child even for short periods under good conditions can have a serious impact on their health and development. Consider the damage being done every day by allowing this alarming situation to continue.” Bachelet said that immigration detention is never in the best interests of a child.

Noting a report by the Department of Homeland Security’s Office of Inspector General on the conditions in migrant centers along the southern border, Bachelet urged the authorities to find non-custodial alternatives for migrant and refugee children – and adults.

“Any deprivation of liberty of adult migrants and refugees should be a measure of last resort,” she said. If detention does take place, she emphasized, it should be for the shortest period of time, with due process safeguards and in conditions that fully meet all relevant international human rights standards.

“States do have the sovereign prerogative to decide on the conditions of entry and stay of foreign nationals. But clearly, border management measures must comply with the state’s human rights obligations and should not be based on narrow policies aimed only at detecting, detaining and expeditiously deporting irregular migrants,” she said, adding:

“In most of these cases, the migrants and refugees have embarked on perilous journeys with their children in search of protection and dignity and away from violence and hunger. When they finally believe they have arrived in safety, they may find themselves separated from their loved ones and locked in undignified conditions. This should never happen anywhere.”

The U.N. human rights offices in Mexico and Central America have documented numerous human rights violations and abuses against migrants and refugees in transit, including the excessive use of force, arbitrary deprivation of liberty, family separation, denial of access to services and arbitrary expulsions.

Bachelet said she recognized the complexity of the situation and the challenges faced by states of origin, transit and destination. She called on them to work together to address the root causes compelling migrants to leave their homes by implementing crosscutting policies that take into account the complex drivers of migration. These include insecurity, sexual and gender-based violence, discrimination, poverty, the adverse impacts of climate change and environmental degradation.

Bachelet also paid tribute to individuals and civil society organizations that have been providing migrants with the most basic of rights, such as the rights to water, food, health, adequate shelter and other such assistance.

“The provision of life saving assistance is a human rights imperative that must be respected at all times and for all people in need – it is inconceivable that those who seek to provide such support would risk facing criminal charges,” she said.

The International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families can be reached here*.







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What should the authorities of the countries of origin of the immigrants do to prevent them from leaving the country?
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