The African Commission on Human and Peoples' Rights (the Commission), meeting at its 77th Ordinary Session in Arusha, Tanzania, from 20 October to 9 November 2023;
Recalling its mandate to promote and protect human and peoples' rights in Africa in accordance with Article 45 of the African Charter on Human and Peoples' Rights (the African Charter)
Noting that the African Charter, which guarantees freedom of movement and residence within a State, subject to respect for the law, recognises that a person who is persecuted has the right to seek and obtain asylum in other countries, in accordance with the respective laws of those countries and international law;
Bearing in mind the adoption and entry into force of the 1951 Convention relating to the Status of Refugees, the 1967 Protocol thereto and the 1969 OAU Convention Governing the Matters Specific to Refugee Problems in Africa;
Bearing in mind also the adoption in 2009 and entry into force in 2012 of the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention)
Recalling its decision, taken at its 35th Ordinary Session, held in Banjul, The Gambia, from 21 May to 4 June 2004, to establish a Special Mechanism on Refugees, Asylum Seekers and Internally Displaced Persons in Africa
Recalling Resolution ACHPR/Res.72 (XXXVI) 04, adopted at its 36th Ordinary Session, held in Dakar (Senegal) from 23 November to 7 December 2004, which appointed the Special Rapporteur on refugees, asylum-seekers and displaced persons in Africa and defined his mandate;
Recalling Resolution ACHPR/Res.95 (XXXIX) 06, which extends the mandate of the Special Rapporteur to issues related to migrants;
Considering its Resolutions ACHPR/Res.160 (XLVI) 09, ACHPR/Res.187 (XLIX) 11 and ACHPR/Res.203 (L) 11, appointing the various Special Rapporteurs on refugees, asylum-seekers, displaced persons and migrants in Africa;
Recalling its Resolutions ACHPR/Res.246 (LIV) 13, ACHPR/Res.318 (LVII) 15, ACHPR/Res.379 (LXI) 2017, ACHPR/Res.425 (LXV) 2019, ACHPR/Res.450 (LXVI) 2020 and ACHPR/Res.525 (LXIII) 2022 on the renewal of the mandate of the Special Rapporteur on refugees, asylum-seekers, displaced persons and migrants in Africa;
Also bearing in mind its Resolutions ACHPR/Res.234 (LIII) 13 and ACHPR/Res.277 (LV) 14 on the need to undertake a study on nationality and to elaborate a draft protocol on the right to nationality and the elimination of statelessness in Africa, respectively;
Considering the need to pursue efforts with States Parties to the African Charter on Human and Peoples' Rights to adopt the draft Protocol to the African Charter on the Right to Nationality and the Eradication of Statelessness in Africa;
Taking into account the deteriorating situation of refugees, asylum seekers, displaced persons and migrants;
Considering the need to continue to advocate for the ratification of the Kampala Convention and its effective implementation by States Parties on the continent;
Reaffirming the importance of the mechanism of the Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa, particularly in the context of climate change and environmental degradation;
Noting with satisfaction the work carried out by Commissioner Maya Sahli-Fadel in her capacity as Special Rapporteur on refugees, asylum-seekers, displaced persons and migrants in Africa;
Considering further the need for the Special Mechanism on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa to continue to fulfil its mandate;
Decides to appoint Commissioner Selma Sassi-Safer as Special Rapporteur on refugees, asylum-seekers, displaced persons and migrants in Africa for a period of two years (2) from 9 November 2023.
Done in Arusha, Tanzania, 9 November 2023.
