The African Commission on Human and Peoples' Rights (the Commission), meeting at its 82nd Ordinary Session, held virtually from 25 February to 11 March 2025;
Recalling its mandate to promote and protect human and peoples ‘rights in Africa by virtue of Article 45 of the African Charter on Human and Peoples’ Rights (the African Charter) ;
Recalling further Article 1 of the African Charter which calls on States Parties to adopt legislative or other measures to implement the rights and freedoms set forth in the African Charter;
Reaffirming Articles 2, 3, 4, 5, 6, 12, 16, 18 and 23 of the African Charter, which guarantee the right to be free from discrimination, the right to equal protection before the law, the right to life, the right to freedom from torture and other ill-treatment, the right to liberty and security, the right to freedom of movement, the right to the enjoyment of the highest attainable standard of physical and mental health and the protection of the vulnerable, as well as the right of all peoples to peace and security;
Considering its Resolutions ACHPR/Res.398 (LXII) 2018 on mixed migratory flows, the challenges of protecting migrants and prohibiting trafficking in persons and all forms of violence in North and sub-Saharan Africa, ACHPR/Res.418 (LXIV) 19 and ACHPR/Res.423 (EXT.OS/XXVI) 2019 on the human rights situation in the Republic of Libya, and ACHPR/RES. 486 (EXT.OS/ XXXI1I) 2021 on missing migrants and refugees in Africa and the consequences for their families;
Considering also its press release of 22 November 2017 on human trafficking and slavery in Libya, as well as its press releases of 27 March 2024 on the discovery of a mass grave containing at least 65 bodies of migrants in Libya and of 3 February 2025 on the situation of sub-Saharan migrants in the State of Libya;
Recalling the ‘African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers’, adopted in 2023 by the Commission and which recognise the obligations of African States to protect the rights of all migrants irrespective of their origin or migration status;
Reaffirming the Revised Migration Policy Framework for Africa and Plan of Action (2018 - 2030) of the African Union, which provides guidelines and principles to protect migrants and guarantee their rights, as well as the African Union Policy on the Prevention of Smuggling of Migrants in Africa;
Reaffirming further the Global Compact for Safe, Orderly and Regular Migration, which recognises the obligation to respect, protect and fulfil the human rights of all migrants and includes a specific objective on missing migrants, as well as the Global Compact on Refugees, ;
Concerned by the multiplication and persistence of allegations of ill-treatment, kidnapping for ransom, torture and other serious violations including sexual violence against sub-Saharan migrants in the State of Libya;
Deeply concerned by arbitrary detentions for the sole reason of migration, and mass expulsions, including of unaccompanied or separated women and children;
Alarmed by the numerous reports of enforced disappearances and acts of slavery, including sexual slavery, as well as the repeated discoveries of mass graves containing the bodies of dozens of migrants, some with bullet wounds and traces of torture and ill-treatment;
Considering the numerous reports on the upsurge in the smuggling, trafficking and sale of sub-Saharan migrants in Libya by traffickers and smugglers;
The Commission :
1. Strongly condemns all violations of migrants' rights, including violations of the right to life, the right to liberty and security of person, torture and cruel, inhuman or degrading treatment, arbitrary detentions and mass expulsions as well as enforced disappearances;
2. Deplores the continuing acts of migrant smuggling and human trafficking in Libya, particularly of sub-Saharan migrants;
3. Invites the Libyan authorities to continue their efforts to dismantle migrant smuggling and trafficking networks,
a) Put an end to arbitrary detention practices and to the violations suffered by migrants in certain detention centres,
b) Carry out prompt, impartial and independent investigations into the various violations of the rights of sub-Saharan migrants on Libyan territory and ensure that those responsible are held accountable for their actions,
c) Ensure the safety, protection and dignity of all migrants throughout Libyan territory, regardless of their nationality, race, skin colour or migratory status.
4. Encourages the States Parties to the Charter to :
a) Respect the principle of non-refoulement for all individuals, regardless of their migratory status, and refrain from returning them to countries where they run a real and foreseeable risk of losing their lives, being subjected to torture or other cruel, inhuman or degrading treatment or enforced disappearance.
b) Take adequate measures to ensure the protection of all migrants through cooperation in the creation of safe migration corridors and routes, as well as through the prevention and repression of smuggling of migrants, trafficking in persons, forced labour and sexual exploitation,
c) Address the root causes of migrant smuggling and human trafficking, including the economic, governance and security factors that drive irregular migration in Africa.
Done virtually on 11 March 2025
