UN Expert Warns Over Growing Use of Migration Outsourcing

The report examines recent developments in migration policies that transfer responsibilities to third countries and questions whether these measures are consistent with international legal obligations.

The expanding practice of shifting migration responsibilities beyond national borders is placing migrants and asylum seekers at greater risk of human rights violations, according to a new report presented to the United Nations Human Rights Council.

Gehad Madi, the UN Special Rapporteur on the human rights of migrants, warned that governments are increasingly relying on external arrangements to manage migration despite longstanding concerns about their impact on fundamental human rights. The report examines recent developments in migration policies that transfer responsibilities to third countries and questions whether these measures are consistent with international legal obligations.

Concerns Over Expanding Externalisation Policies

The report focuses on three major forms of migration externalisation that have become more common in recent years. These include efforts to stop migrants from reaching destination countries, agreements that transfer asylum processing to other nations, and arrangements that allow migrants to be removed to third countries, including places where they may have no previous connection.

Madi expressed particular concern about the growing use of so-called "safe third country" policies and the development of "return hubs" where migrants may be sent while their status is assessed or after removal decisions are made.

According to the report, these arrangements can expose individuals to the risk of chain refoulement, a situation where a person is repeatedly transferred between countries and eventually returned to a place where they face persecution, violence or serious harm. The principle of non-refoulement, which prohibits returning individuals to situations where their lives or freedoms may be threatened, is a cornerstone of international refugee and human rights law.

Human Rights Risks Extend Beyond Borders

The report outlines a range of human rights concerns linked to externalisation measures. Among the risks identified are arbitrary detention, ill-treatment, forced labour, denial of access to justice and restrictions on family life. The report argues that shifting migration control beyond national borders does not remove states' responsibility to uphold human rights obligations.

Madi also highlighted the increasing use of surveillance technologies within migration management systems. Biometric databases, digital tracking tools and border-monitoring technologies are becoming more common components of migration cooperation agreements. The report warns that insufficient safeguards and oversight could create additional risks for migrants, particularly regarding privacy, discrimination and misuse of personal data.

Vulnerable Groups Face Greater Exposure

Particular concern is raised for groups that may already face discrimination or heightened vulnerability. Children, women and girls, people of diverse sexual orientations and gender identities, and individuals experiencing multiple forms of discrimination are among those most likely to face increased risks under externalisation arrangements.

The report also points to a lack of transparency surrounding many migration agreements. In some cases, details of cooperation arrangements, responsibilities and accountability mechanisms remain unclear, making it difficult to assess compliance with international human rights standards.

To address these concerns, Madi called for independent monitoring systems, accessible complaint mechanisms and regular human rights impact assessments for all migration cooperation agreements. He urged governments to ensure migration policies fully respect international human rights law and avoid measures that could directly or indirectly result in refoulement or other rights violations.

The report concludes that countries should focus on building fair, rights-based and sustainable migration and asylum systems rather than transferring responsibilities elsewhere. Madi said the debate over externalisation ultimately raises broader questions about how societies choose to treat people seeking safety, protection and opportunity across borders.