HRC59: Lost lives, Forgotten Voices: Migration, Disappearance, and Human Rights Accountability
59th session to the Human Rights Council
16 June - 09 July 2025
Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
20 June 2025
By Patricia Mutebi Jjuuko/GICJ
Executive Summary
On 20 June 2025, the 12th meeting of the 59th session of the Human Rights Council considered three reports of the Special Rapporteur on the Human Rights of Migrants including his thematic report on missing migrants and country visits report on Colombia and Panama (A/HRC/59/49) during an interactive dialogue. In his thematic report on missing migrants, Gehad Madi, Special Rapporteur, highlighted that migrant disappearances are driven by restrictive migration policies, the lack of safe and legal pathways, inadequate rescue efforts and failures in identification mechanisms.
In his mission report on the Darien region, Mr. Madi emphasised the severe risks migrants face, including violence, disappearance, and denial of essential services. While recognising positive efforts by local authorities and partners, he expressed deep concern over the growing securitisation and externalisation of migration governance, warning that such measures often erode fundamental human rights protections. In the ensuing discussion, numerous states and organisations welcomed the Special Rapporteur’s report and echoed concern over the alarming rise in migrant deaths and disappearances. States emphasised the need for cooperation across countries of origin, transit, and destination, stressing the importance of upholding human rights and strengthening regular migration pathways.
Geneva International Centre for Justice (GICJ) welcomes the Special Rapporteur’s report and its urgent focus on the crisis of missing migrants. We remain deeply concerned about the alarming number of migrant disappearances, often under heartbreaking circumstances, including armed conflicts, human trafficking, arbitrary detention, perilous sea journeys and desert crossings. We strongly urge the international community to strengthen cooperation in the areas of search and rescue, identification, investigation, and accountability. A coordinated human rights-based approach is essential to ensure justice for victims and their families and to uphold the fundamental rights of all migrants, regardless of status.
Background
The phenomenon of preventable deaths and disappearances of migrants, refugees, and asylum-seekers remains a critically underreported and neglected human rights issue. Despite increasing global attention to migration, the protection of those undertaking perilous journeys, particularly through dangerous transit routes, has not received adequate international response or accountability. Migrants continue to face extreme risks to life and safety, often without sufficient safeguards or access to protection mechanisms. This urgent situation calls for the implementation of effective policies and enhanced intergovernmental cooperation among countries of origin, transit, and destination. Coordinated international action is necessary to address the root causes of migration, improve access to legal pathways, ensure the humane treatment of migrants, and prevent loss of life and disappearances along migration routes.
In this context, the present reports were submitted to the 59th session of the Human Rights Council by the Special Rapporteur on the human rights of migrants, Mr. Gehad Madi, pursuant to General Assembly resolution 76/172 and Human Rights Council resolution 52/20. In February 2025, Mr. Madi undertook official visits to Colombia and Panama. The primary objectives of these visits were to assess the human rights situation of migrants and refugees transiting through the region, particularly focusing on the Darien region, a notoriously dangerous jungle corridor. The visits aimed to examine reported human rights violations and abuses experienced by individuals crossing this treacherous terrain, and to engage with relevant authorities and stakeholders on improving migrant protection and accountability mechanisms.
Report of the Special Rapporteur
In his thematic report, Mr. Gehad Madi, the Special Rapporteur on the human rights of migrants, addressed the preventable deaths and disappearances of migrants, describing the issue as a tragic and largely underestimated human rights crisis. The report identified key contributing factors including the lack of safe, orderly, and regular migration pathways due to increasingly restrictive policies, widespread impunity, limited access to emergency assistance, and inadequate mechanisms for identifying and repatriating deceased migrants. The Special Rapporteur underscored that migrants disappear during detention, deportation, or as a result of third-country agreements that circumvent international safeguards.
Mr Madi pointed out that family separation, collective expulsions without individual assessments, and failures in search and rescue operations further exacerbate the crisis. The Rapporteur underscored that all migrants are rights-holders under international law, and no circumstance, including national security or lack of resources, should justify enforced disappearance or arbitrary expulsion. The impact on the families of missing migrants is severe, causing long-term psychological and economic harm, especially affecting women and children. The Special Rapporteur called for the establishment of a truth and monitoring mechanism to ensure accountability, justice, and non-repetition. The report further recommends strengthening data collection, simplifying complaint procedures for families, enhancing cross-border cooperation, allocating more resources for rescue efforts, and issuing humanitarian visas to assist relatives in search processes.
Mr. Madi additionally reported on his country visits to Colombia and Panama, focusing on the Darien region, one of the most dangerous migration routes where migrants face heightened risks including violence, exploitation, and limited access to basic services. While recognising efforts by governments, civil society, and UN agencies, he expressed concern over the externalisation and securitisation of migration governance, warning that such approaches risk violating migrants’ rights. The report concludes with a call for more coordinated, rights-based, and sustainable migration policies and announces that the upcoming report to the General Assembly will examine the human rights implications of migration externalisation practices.
Interactive Dialogue
Statements by Concerned Countries
The representative of Colombia acknowledged the constructive dialogue during the country visit. He appreciated the positive assessment of his country’s efforts, including the Temporary Protection Statute for Venezuelan migrants, social and economic integration measures, and a rights-based approach at all levels of government. The delegate clarified certain points in the report, such as challenges in processing asylum applications, noting over 60,000 received in eight years, with 23,000 still unresolved. To address this, Decree 9 was enacted to allow asylum seekers to work and minors to access legal representation.
The delegate highlighted several protection measures, including granting nationality to children born to Venezuelan parents since 2015, care models for unaccompanied adolescent migrants, and inclusion of dual nationals and indigenous people in the Victims Act protections. The country has specialised programs for reintegrating minors who left armed groups and applies a gender perspective to its migration policy due to the vulnerabilities of migrant women.
A humanitarian care centre has been established near the Panamanian border to assist arriving migrants. Colombia stressed that restrictive laws drive irregular migration and emphasised the need for shared international responsibility and sustainable funding for humanitarian assistance. The representative reaffirmed Colombia’s commitment to safe, orderly, and regular migration. He highlighted the country’s policy of avoiding child detention, and promoting migration as a development opportunity. Finally, Colombia invited participants to the World Forum on Migration and Development it is hosting and pledged to continue transparent cooperation with the UN system to implement recommendations.
The representative of Panama acknowledged the recognition of the complex nature of mixed migration flows through the country, emphasising the challenges Panama faces as a transit country. The representative reaffirmed Panama’s commitment to upholding the human rights of all individuals on its territory, in line with its Constitution and international obligations.
In a spirit of transparency, the representative made clarifications regarding several points in the report. On paragraph 34, Panama noted that the Special Rapporteur was given detailed information about the mechanisms for receiving complaints in remote areas like Bajo Chiquito and that efforts are underway to bring justice institutions closer to high-migration zones.
Regarding paragraph 35, the representative disputed the claim that most perpetrators of offenses against migrants come from local communities, asserting that official judicial data does not support this and that such statements should be backed by verified statistics. Panama also rejected the assertion of a widespread culture of impunity, emphasizing that its judicial system operates even in remote regions and that official data contradicts the claim. The representative clarified that Panama took no measures against individuals arriving on U.S. flights, they were received solely for processing under the Assisted Voluntary Return Program, consistent with the Los Angeles Declaration on Migration and Protection.
Panama reiterated its commitment to protecting migrants’ rights, including their lives, dignity, and property, in accordance with Article 17 of its Constitution. The country expressed its readiness to continue constructive cooperation with the United Nations human rights mechanisms and viewed such dialogue as essential for improving policies and ensuring full protection of all migrants.
Statements by Other Countries and Groups
The representative of Lithuania, speaking on behalf of the Lublin Triangle States, emphasised that one of the causes of migrant disappearances is smuggling and trafficking by criminal groups, sometimes with direct state involvement. It pointed specifically to the situation at the EU-Belarus border, accusing Belarus of deliberately orchestrating illegal migration to the EU as a political tool. Lithuania stated that Belarusian authorities, rather than preventing smuggling, have facilitated it with support from Russian state-owned entities, thereby endangering vulnerable migrants, including women and children. The delegate affirmed the commitment of the Lublin Triangle States to international legal frameworks to ensure accountability and held Belarus responsible for the manufactured migration crisis. He finally asked the Special Rapporteur what additional steps could be taken to address trafficking schemes involving complicit or active state actors.
The delegate of the European Union welcomed the first World Conference on Enforced Disappearances and reaffirmed its commitment to addressing the issue, emphasising that it is a shared responsibility among countries of origin, transit, and destination. The EU underscored that it is working to prevent unsafe journeys, support search and rescue operations in partner countries, and expand legal migration pathways while respecting national authority. It referenced the EU Pact on Migration and Asylum as a comprehensive framework that upholds human rights, including the right to seek asylum, and includes compliance monitoring mechanisms. The EU is also focused on strengthening the capacity of states, civil society, and UN bodies to apply a human rights-based approach. The representative asked the Special Rapporteur how global data collection on migrant disappearances can be improved.
The representative of Ghana, speaking on behalf of the group of African States, expressed concern over the alarming number of migrants who disappear often in tragic circumstances notable in the context of conflicts, trafficking, arbitrary detention, sea journeys or desert crossing. This situation seriously undermines the fundamental rights of migrants and members of their families. All states have an obligation to respect their commitments under international legal instruments protecting the rights of migrants such as the pact on safe, orderly and regular migration, the Convention on the Protection of Rights of All Migrant Workers and Members of Their Families and the Convention against Enforced Disappearance. The representative noted that the African Union has drawn up African guiding principles on the human rights of all migrants which provides states with precise guidelines for better meeting their human rights obligation in the context of human movements within and outside the continent.
The delegate of Libya acknowledged the Special Rapporteur’s report and reaffirmed its commitment to protecting the rights of all individuals residing within its borders. The country highlighted its humanitarian role in hosting thousands of migrants from the Sahel region and Sudan, noting the difficult conditions in their home countries. Libya emphasised its increased efforts to combat human trafficking and related exploitation, including holding perpetrators accountable. As a key transit country for migrants aiming to reach Europe, Libya has also enhanced its humanitarian response to meet the demands of this ongoing crisis. The statement concluded with a call for stronger coordination among countries of origin, transit, and destination to effectively combat human trafficking.
The Representative of the Bolivarian Republic of Venezuela, speaking on behalf of a group of countries, underscored its rejection of discrimination, xenophobia and connected forms of intolerance against migrants. The representative expressed concern at certain western countries' attempts to criminalise and securitise this phenomenon, including through programs of mass deportation and forced displacement in the Americas. The representative noted that 153 Venezuelans were forcibly expelled from the United States to El Salvador and called on the United Nations human rights system to take effective action against this atrocity. The full enjoyment of human rights must be based on the values of solidarity, respect, multiculturalism and rejection of incitement to hatred.
The representative of Costa Rica, on behalf of the 39 Global Compact for Migration (GCM) champion countries, emphasised the importance of strengthening international cooperation on search and rescue, identification, investigation, accountability, and ensuring justice. The statement affirmed that upholding migrants’ human rights, including those in transit, is a shared international responsibility especially for border states. The representative stressed the need to expand regular migration pathways and to combat smuggling and trafficking to protect migrants. He noted that the GCM champions have prioritised “saving lives” as a key focus for the year and asked the Special Rapporteur for thoughts on how initiatives like GCM champions can help raise awareness of existing guidance and recommendations on missing migrants.
The representative of Honduras acknowledged her country’s role as both a country of origin and transit and highlighted its efforts to protect migrants through key legislative measures, including the Act on Searching and Legal Protection of Missing Persons, the Purple Warning Act, and the creation of a national DNA database to aid in prevention, search, and investigation. The government also emphasised enhanced consular protection for unaccompanied minors and progress in data collection. The representative expressed concern over the growing stigma and criminalisation of migrants, asking the Rapporteur for guidance on ensuring accountability and access to justice for victims and their families. The statement concluded by affirming the importance of addressing root causes and fostering a coordinated, human rights-based international response.
The representative of UNHCR emphasised that while refugees and migrants often share the same routes and risks, missing asylum seekers’ families may be unable to contact their home country authorities. It highlighted the importance of the UN Secretary-General’s recommendations on enhancing coordination between the Global Compacts on Refugees and on Migration, and stressed the value of humanitarian diplomacy and regional dialogue in addressing the crisis.
The delegate of the IOM noted that its Missing Migrants Project has recorded over 75,000 migrant deaths globally since 2014, with 9,200 lives lost in 2024 alone, the highest annual toll to date. Over half of these victims were fleeing such crises. The IOM delegate stressed these were not just numbers but lives and grieving families. In response, IOM is expanding its operational efforts to help governments improve their capacity to search for, identify, and support those affected by missing migrants, while also continuing efforts to save lives and promote regular migration pathways. Lastly, the IOM representative echoed the call for coordinated international action, referencing Objective 8 of the Global Compact for Migration and the 2024 UN Secretary-General’s recommendations on missing migrants.
The representative of Algeria criticised the Special Rapporteur’s report containing inaccurate and outdated information, specifically regarding its cooperation with Niger on migration. It stated that the report overlooked recent developments and comprehensive information Algeria had provided. The delegate emphasised that migrant repatriations are conducted in coordination with IOM, the EU, and countries of origin through diplomatic agreements. The country has established safe centers for irregular migrants and implemented strong anti-trafficking laws, which it claims have reduced irregular migration to Europe. Algeria called for greater responsibility from both transit and origin countries in managing irregular migration.
The representative of Rwanda reaffirmed its commitment to migrant rights, highlighting that its immigration laws ensure legal protection and access to work and business for migrants. Rwanda cited its Emergency Transit Mechanism, launched in 2019 with the African Union and UNHCR, which has provided care and protection to over 2,180 migrants evacuated from Libya, with many resettled. The representative also emphasised her country’s humanitarian values, including offering legal pathways to nationality. She expressed strong support for interstate cooperation, truth and monitoring mechanisms, and asked how accountability and transparency in migration practices can be promoted globally.
The delegate of UN Women underlined that many migrant women go missing due to risks like drowning, trafficking, and sexual exploitation, especially along unsafe and irregular routes. A recent UN Women survey in Ethiopia revealed that 48% of migrant women had known or heard of other women going missing underscoring the scale of the crisis. These dangers, it argued, are not inevitable but result from policy choices that restrict access to safe, regular migration for women. UN Women highlighted a systemic gap, the lack of gender-responsive mechanisms for search, identification, and family support. Women often bear the burden of these roles while also facing stigma, legal complexity, and social exclusion. The agency urged action by states to prevent disappearances and to ensure all responses are gender-sensitive and inclusive of women’s realities.
The representative of Mexico expressed shared concern over the ongoing challenges related to missing migrants. She acknowledged the importance of the report's recommendations, particularly those focused on prevention, search mechanisms, identification, reparation, and international cooperation among countries of origin, transit, and destination. The delegate highlighted domestic efforts, including strengthening the National Search Commission, creating local search commissions, and implementing protocols for the search and investigation of enforced disappearances. In March, the president introduced a mechanism aimed at building institutional capacity to address these issues. Mexico reaffirmed its commitment to upholding the human rights of migrants and pledged continued constructive engagement with international human rights mechanisms.
Statements by NGOs and Civil Society
NGO representatives responded strongly to the Special Rapporteur Gehad Madi’s report on the disappearance and preventable deaths of migrants, especially in the dangerous transit zones like the Darien region. They emphasised that the report highlights a deeply neglected human rights crisis, calling for urgent reform. NGOs denounced systemic failures by states to uphold international obligations, pointing to discriminatory policies in many countries and abusive practices. Faith-based and humanitarian organisations underscored their role in supporting migrants and urged states to work collaboratively with the civil society. Across interventions, there were strong calls to establish an independent international monitoring mechanism on missing migrants, improve data collection grounded in human rights principles, strengthen regional cooperation, and facilitate safe, regular migration channels. The overarching demand was for states to shift from deterrence-based migration governance to one centered on dignity, protection, and accountability.
Concluding remarks
The Special Rapporteur responded to country statements by clarifying that the report’s purpose is not to single out or criticise any state but to illustrate broader challenges and practices regarding migrant disappearances, with all references being sourced and footnoted. Addressing Panama's concerns specifically, he pointed out that between 2021 and 2024, Panama’s regional prosecutor investigated 189 cases of sexual and gender-based violence in the Darien region, resulting in only 44 convictions. He stressed that this data, which included convictions of individuals from various indigenous communities, came directly from Panamanian authorities and reflects a gap between the scale of crimes reported and accountability achieved.
In response to the European Union’s question about improving data collection, the Rapporteur emphasised the importance of gathering reliable, disaggregated, and rights-based data through transparent, standardised systems developed in cooperation with humanitarian actors, civil society, and international organizations. He cautioned against the misuse of biometric or personal data for enforcement purposes, underlining that the objective of data collection must be protection, not surveillance. Improved data systems should ultimately serve to save lives, shape policy, and support justice for affected families.
To Ecuador and others, he reiterated that countries of origin, transit, and destination all share responsibility in protecting migrants. He called for coordinated efforts in search, rescue, and identification operations, all aligned with international human rights and humanitarian standards. The Rapporteur also stressed that cooperation should include early warning mechanisms, consular support, and the expansion of safe and regular migration pathways to reduce reliance on smugglers and dangerous routes, always ensuring that information sharing respects privacy and non-discrimination.
Position of Geneva International Centre for Justice
Geneva International Centre for Justice (GICJ) expresses its strong support for the Special Rapporteur’s thematic report, the conclusions and recommendations from his visits to Colombia and Panama. We voice deep concern over the rising number of missing migrants globally, which they see as indicative of systemic failures. GICJ calls on all states to uphold their international obligations by ensuring the rights and safety of asylum seekers at their borders. We further urge states to provide regular migration pathways to facilitate access to legal status and integration for migrants.
In this regard, we emphasize the importance of adhering to international human rights and humanitarian law, including the 1951 Refugee Convention and its 1967 Protocol, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the International Covenant on Civil and Political Rights (ICCPR), the Convention against Torture (CAT), and the International Convention for the Protection of All Persons from Enforced Disappearance. These instruments form the legal foundation to ensure protection, accountability, and dignity for all migrants and their families.