81st Ordinary session of the African Commission on Human and Peoples' Rights
17 October to 6 November 2024
INTERSESSION REPORT
By
Mrs Salma Sassi-Safer
Commissioner of the African Commission on Human and Peoples' Rights
&
Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa
October 2024
INTRODUCTION
This Report is prepared pursuant to Rule 64 of the Rules of Procedure of the African Commission on Human and Peoples' Rights (the Commission), and gives an account of the activities for the promotion and protection of human rights undertaken during the intersessional period since the 79th Ordinary Session of the Commission held from 14 May to 3 June 2024 in Banjul, The Gambia (Hybrid Session).
The report begins with my activities as Commissioner and member of the African Commission on Human and Peoples' Rights.
The activities carried out under the mandate entrusted to me in my capacity as Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa will then be presented. This mechanism was entrusted to me by the Resolution on the appointment of the Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa - ACHPR/Res.577 (LXXVII) 2023.
The report also includes the status of ratification of the African Union Convention for the Protection and Assistance of Internally Displaced Persons (Kampala Convention), the Protocol to the African Charter on Human and Peoples' Rights on specific aspects of the right to nationality and the eradication of statelessness in Africa, an analysis of the human rights situation in the countries for which I am responsible, and the situation of refugees, asylum seekers, internally displaced persons and migrants across the continent.
It concludes with recommendations for the various stakeholders.
ACTIVITIES CARRIED OUT AS A COMMISSIONER, MEMBER OF THE COMMISSION
I. ONLINE PARTICIPATION (11-12 JULY 2024) IN THE WORK OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS ON THE OCCASION OF ITS BENCHMARKING MISSION TO THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS (10-16 JULY 2024, WASHINGTON).
1. Discussions focused in particular on mutual exchanges of best practice aimed at strengthening the working methods and capacities of both institutions in the promotion and protection of human rights, in line with the mandates and objectives set out in their respective founding instruments.
2. The proceedings also served as a platform for the two institutions to engage in dialogue with a number of civil society organisations working in the African and inter-American human rights systems, enabling the two commissions to have a wide-ranging exchange on the challenges to the application of human rights in their respective regions, as well as to reflect on potential solutions.
II. PARTICIPATION IN THE 80th PRIVATE ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLE'S RIGHTS (24 JULY TO 2 AUGUST 2024), VIRTUAL
3. During this session, the Commission considered and adopted a number of documents. The details of this session are set out in the Final communiqué adopted on 2 August 2024 at the close of the session.
III. ONLINE MEETING WITH THE INTERNATIONAL COMMISSION OF JURISTS (ICJ) (3 OCTOBER 2024), VIRTUAL
4. I met virtually with the International Commission of Jurists (ICJ/ICJ), North Africa Region, in particular the teams in charge of Tunisia and Libya. The meeting provided an opportunity for an exchange of information and a general discussion on the general human rights situation in these two countries. Avenues for future collaboration between the ACHPR and the ICJ were also discussed, as well as the support that the ICJ could provide to our mandate as Commissioner and Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa.
ACTIVITIES CARRIED OUT AS SPECIAL RAPPORTEUR ON REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND MIGRANTS IN AFRICA
I. PARTICIPATION IN AN ONLINE MEETING WITH A VIEW TO ATTENDING THE 37th ONLINE COURSE ON INTERNATIONAL REFUGEE LAW, ORGANISED BY THE INTERNATIONAL INSTITUTE OF HUMANITARIAN LAW, SAN REMO, (22 May 2024 VIRTUAL)
5. At this meeting, the main thrusts of the 37th Course on International Refugee Law were presented, and discussions then focused on the salient points to be highlighted in the Inaugural Conference to launch the Course, with particular emphasis on the contribution of African regional law in this area.
II. PARTICIPATION (ONLINE) IN THE PIERR CONSULTATION WITH REFUGEES AND ASYLUM SEEKERS-( 11 June 2024)
6. This activity with PIERR (Platform of Independent Experts on Refugee Rights) was part of UNHCR's 2024 Global Consultations with Non-Governmental Organizations (NGOs), which took place from 11 to 13 June 2024 in Geneva, Switzerland. The consultations focused in particular on durable solutions for refugees, inclusion in national systems and gender equality. A wide range of stakeholders took part in the consultations, including the UNHCR, local, national and international NGOs and civil society organisations (CSOs), as well as organisations led by displaced and stateless people.
III. DISCUSSIONS WITH THE SPECIAL RAPPORTEUR OF THE UNITED NATIONS HUMAN RIGHTS COUNCIL ON THE HUMAN RIGHTS SITUATION IN BURUNDI (14 JUNE 2024, VIRTUAL)
7. The meeting consisted of an exchange of views on the general human rights situation in Burundi, and in particular that of Burundian refugees and asylum seekers in neighbouring countries such as Tanzania, Rwanda and Uganda. The difficulties and challenges faced by Burundian refugees were discussed, as well as the question of durable solutions offered to them, particularly that of voluntary return. The meeting also looked at ways in which our two mandates could work together in the future, and the possibility of including other Commissioner Rapporteurs.
IV. DISCUSSIONS WITH THE TUNISIAN AMBASSADOR IN DAKAR, IN MY CAPACITY AS COUNTRY RAPPORTEUR (14 JUNE 2024, VIRTUAL)
8. After a discussion on the general human rights situation in Tunisia, in a fairly critical regional context, particularly the migration issue and the many challenges it poses, other subjects were raised during the meeting, notably the need to strengthen and consolidate relations and links between the African Commission on Human and Peoples' Rights and the Tunisian authorities in order to maintain cordial relations in a framework of exchange and trust.
9. His Excellency the Ambassador underlined the readiness of the Tunisian authorities to collaborate and cooperate with the Commission in its various missions to ensure optimum protection of human rights.
V. PARTICIPATION IN A SEMINAR ON "HUMAN TRAFFICKING", UNIVERSITY OF ALGIERS 1, ALGIERS, ALGERIA, 23 JUNE 2024
10. The seminar was organised by the University of Algiers 1 and was attended by a wide range of stakeholders, including academics, security authorities (national security, gendarmerie), judges, doctors and civil society organisations.
11. During this seminar, I presented a paper on "Human trafficking in the context of irregular immigration in Africa", which was an opportunity to highlight the many challenges and obstacles faced by irregular migrants on the continent, including that of falling victim to human trafficking, particularly for certain vulnerable categories of migrants such as women and children.
12. Particular emphasis was placed on the existing African legal framework on the issue, such as the Ouagadougou Action Plan to Combat Trafficking in Human Beings, Especially Women and Children (2006), the Draft Policy on the Prevention of Trafficking in Persons in Africa (2021), and the Revised Migration Policy Framework for Africa and Action Plan (2018-2030).
VI. PARTICIPATION IN THE 37th ONLINE COURSE ON INTERNATIONAL REFUGEE LAW (24 JUNE 2024, VIRTUAL)
13. Organised by the International Institute of Humanitarian Law, San Remo. On this occasion, I was invited to deliver the inaugural lecture of the Course, in which the tone was set for the various sessions. The inaugural lecture focused in particular on the international framework for the protection of refugees, with particular emphasis on the African framework, the fundamental principles of international refugee law, and also on the challenges, new trends and prospects for international refugee law.
14. This was an opportunity to delve into a number of current issues, such as climate change and its repercussions on the movement of people, mixed flows/movements, alternatives to detention in the context of migration, the difficulty of striking a balance between security considerations and respect for the human rights of refugees, the externalisation of asylum procedures, the disappearance of migrants, smuggling and trafficking of migrants, and the search for lasting solutions to the problem of people forced to flee their homes and cross an international border for whatever reason.
15. Following the conference, an interactive exchange took place between the participants and the speaker, and many questions were asked and discussed.
VII. ACTIVITIES WITH THE PIERR PLATFORM (25 TO 28 JUNE 2024 GENEVA, SWITZERLAND)
16. I took part in various activities organised by the PIERR Platform from 25 to 28 June 2024. These included internal meetings with PIERR members, a PIERR meeting with UNHCR representatives, a side event on "Human trafficking, mixed movements and protection at sea", a meeting of PIERR members with OHCHR representatives, a side event on "PIERR: Working together to advance the human rights protection of asylum seekers and refugees", and a meeting with various UNHCR representatives to strengthen the partnership with the ACHPR.
First internal meeting of PIERR members
17. These included Mr Gehad Madi, United Nations Special Rapporteur on the human rights of migrants; Ms Siobhán Mullally, United Nations Special Rapporteur on trafficking in persons, especially women and children; and Ms Andrea Pochak, Rapporteur on human mobility for the Inter-American Commission on Human Rights, with whom we discussed issues relating to the protection of refugees, asylum seekers and other vulnerable persons for which I am responsible.
PIERR meeting with various representatives of the UNHCR, UN agencies and the Human Rights Council's Special Procedures.
18. The meeting provided an overview of the general situation of refugees around the world, highlighting the many challenges they face in all regions of the world, particularly in a context where more than 80 countries are preparing for elections, and migration and asylum procedures have become political cards, without any consideration for human dignity.
19. Following a brief presentation of the PIERR platform and its main priorities for the current year, an interactive dialogue took place between platform members and participants. Various issues and themes were addressed, with an attempt to see how PIERR could deal with them: the externalisation of asylum applications, the Route-based Approach to strengthening protection and solutions in the context of mixed movements of refugees and migrants, forced displacement due to climate change, the issue of statelessness, collective expulsions, refoulements, the economic, social and cultural rights of refugees, the importance of regional mechanisms for the protection of refugees.
20. During my speech, and after recalling the common priorities that exist for refugees, asylum seekers, migrants and internally displaced persons in all regions of the world, emphasis was placed on certain African specificities in this area. This provided an opportunity to recall the abundance of the African legal framework on these issues, and to highlight the adoption of the Protocol to the African Charter on Human and Peoples' Rights on specific issues relating to the right to nationality and the eradication of statelessness in Africa, adopted in February 2024.
21. We also stressed the importance of certain fundamental texts recently adopted by the African Commission on Human and Peoples' Rights, in particular the African Guiding Principles on the Human Rights of Refugees, Asylum Seekers and Migrants, with particular emphasis on the emerging issues they address (such as climate change, ), Resolution 565 (2023) on the economic inclusion of refugees and asylum seekers, or Resolution 461 (2021) on missing migrants and refugees and the consequences for their families.
22. The dialogue also covered various avenues for collaboration and cooperation between PIERR and other institutions dealing with refugees and migrants, in particular the UNHCR and the IOM, as well as the possibility of PIERR joining the Global Alliance for the Eradication of Statelessness, which will be launched in October 2024.
Side event on the sidelines of the 56th Session of the Human Rights Council, organised by the Special Rapporteur on Trafficking in Persons, on the theme of "Trafficking in Persons, Mixed Movements and Protection at Sea".
23. After a brief presentation of the Report, an interactive and open discussion took place between the speakers. This provided an opportunity to share views and experiences on the implementation of the obligations of States and other stakeholders regarding the identification and protection of victims of human trafficking in the context of search and rescue operations at sea and, more often than not, after disembarkation, as well as on the difficulties encountered.
24. In my speech, emphasis was placed on the trends identified along the various maritime migration routes used by migrants and refugees in Africa, while recalling and emphasising the extreme risks they face on land routes, before arriving on the shores of the Mediterranean, the Atlantic or the Red Sea.
25. We also reviewed the various measures taken at African, regional, sub-regional and internal levels to combat human trafficking along these migratory routes, recalling that the AU, in addition to its migration policy framework and action plan (2018-2030-), and Agenda 2063, Aspiration 4 of which includes the fight against human trafficking, adopted the Ouagadougou Action Plan in 2006, and more recently, in 2021, a policy document on the prevention of human trafficking, based on 12 strategies contributing to the 2030 SDGs and the 2018 Global Compact for Safe, Orderly and Regular Migration.
26. My speech also focused on the types of support measures that need to be implemented at disembarkation points and subsequently by African States to ensure optimum protection for trafficked migrants, while regretting the persistence of certain practices and policies that do not comply with the minimum rules of international law in this area, such as automatic and arbitrary detentions, refoulements and collective expulsions.
Meeting between PIERR members and OHCHR representatives on the rights of migrants
27. After a brief presentation of the Platform and its priority activities for the current year, an interactive dialogue took place between PIERR members and meeting participants. The issues addressed included the impact of climate change on human mobility, internally displaced persons who may become refugees, the use of new technologies for border management, and xenophobia against migrants and refugees.
28. Various avenues for collaboration between PIERR and the various mechanisms were proposed, in particular PIERR's participation in the drafting of common guidelines on refugee issues.
Second internal meeting of PIERR members
29. The meeting, which was held in a hybrid format, was attended by a large number of experts from the Platform. The experts essentially discussed the following points: the priority thematic issues for PIERR for the current year, the new issues to be taken into consideration for the next action plan, in particular climate change and forced displacement of people, the possibility of including other members or setting up an advisory committee, and the activities/missions to be undertaken in the coming months, particularly in cooperation with regional mechanisms. In this context, it was proposed that events be scheduled for the 81st Ordinary Session of the African Commission on Human and Peoples' Rights, to be held in October/November 2024.
Side event at the 56th session of the Human Rights Council, prepared by PIERR, on the theme "PIERR: Working Together to Advance the Human Rights protection of Asylum Seekers and Refugees".
30. This event, which brought together PIERR members, various speakers and participants, was an opportunity to present the PIERR platform and share some of the good practices of States in the area of refugee protection. During my speech, after recalling the mandate of the African Commission on Human and Peoples' Rights with regard to the protection of refugees, asylum seekers, internally displaced persons and migrants in Africa, particular emphasis was placed on the existing and future framework for collaboration between the African Commission and the special procedures of the Human Rights Council, notably through the Addis Ababa Roadmap of 2012.
31. We also emphasised that the PIERR platform represents a special opportunity for exchanging and sharing good practice on crucial issues relating to refugees, both traditional and emerging, particularly in the context of climate change, or migratory flows, with a focus on certain specific African issues, such as statelessness or migrants and refugees who go missing during their migratory journeys.
32. Many participants applauded PIERR's initiative, commended it on its recent activities and expressed their support.
Third internal PIERR meeting
33. The meeting, which was held in hybrid format, was attended by a large number of experts. Various issues were discussed, in addition to those discussed at the previous meeting: fine-tuning the action plan for the current year, particularly by taking on new themes; increasing the platform's visibility by taking part in various international and regional events; the possibility of engaging with treaty bodies; the possibility of promotion missions; the opportunity to engage with other regional mechanisms, particularly in the ASEAN region or with the Council of Europe; and the issue of funds and resources.
Meeting with various UNHCR representatives to strengthen the partnership with the ACHPR
34. The discussion focused on common priorities and the development of a joint work plan for this year and the years to come. The priority issues identified included: the general protection of the rights of refugees; the displacement of people due to climate change in Africa; the fight against statelessness, particularly following the adoption of the new Protocol to the African Charter on Human and Peoples' Rights on Nationality and the Eradication of Statelessness in Africa (February 2024) and the future launch of the Global Alliance against Statelessness. The question of the ACHPR's involvement in this alliance was addressed.
35. The discussion also focused on the deteriorating situation of refugees and asylum seekers in certain African countries as a result of restrictive policies, and possible solutions to improve this situation, in particular through the establishment of a dialogue with these countries.
36. Finally, the question of the ACHPR's participation in certain HCR activities over the coming months was discussed.
Meeting with OHCHR
37. The issues of migration and human mobility were discussed, and particular emphasis was placed on the challenges faced by the various OHCHR teams in certain African countries due to their lack of cooperation, particularly with the proliferation of agreements with the European Union containing clauses on migration management, and their sometimes very negative consequences on migrants' rights, such as arbitrary detentions and collective expulsions.
38. The meeting also discussed the possibility of closer collaboration between the ACHPR and the OHCHR and the strengthening of collaboration on all issues relating to migrants, particularly in the context of the review of the Global Compact on Safe, Orderly and Regular Migration (2018).
VIII. PARTICIPATION IN MEETINGS WITH CORNELL LAW SCHOOL (MIGRANTS RIGHTS INITIATIVE) (4 JULY, 10 SEPTEMBER AND 11 OCTOBER 2024, VIRTUAL)
39. These meetings focused respectively on the strategies to be adopted for the dissemination and promotion of the African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers, and the finalisation of future activities for the effective launch of the Guiding Principles at the 81st Ordinary Session of the Commission.
IV. PARTICIPATION IN THE TECHNICAL MEETINGS OF THE HUMANITARIAN AFFAIRS, HEALTH AND SOCIAL DEVELOPMENT DIVISION OF THE AU COMMISSION (4 TO 7 SEPTEMBER 2024, HARARE, ZIMBABWE)
40. I took part in a series of technical meetings organised by the AU Commission's Humanitarian Affairs, Health and Social Development Division in Harare, Zimbabwe:
41. From 4 to 6 September, I took part in a meeting on the AU Humanitarian Diplomacy Framework (AUHD). The meeting was attended by numerous delegates from AU member states, the UNHCR, representatives of AUC partners (OCHA, UNICEF, IFRC) and the ACHPR. During the meeting, a draft "AU Humanitarian Diplomacy Framework" was presented in depth, starting with the context, objectives and fundamental principles that should serve as a basis for this diplomacy, and ending with the pillars on which this diplomacy would rest. Lively debates between the experts who presented the draft and the participants enriched the draft and clarified the various sections of the draft in terms of both form and content.
42. On 7 September 2024, I took part in a technical meeting to follow up the African Union Commission's commitments at the World Refugee Forum 2023, Theme: "Implementation of commitments made at the World Refugee Forum (GRC 2023)".
43. The meeting was attended by numerous delegates from AU Member States, the UNHCR, representatives of AUC partners (OCHA, UNICEF, IFRC, etc.) and the ACHPR. After a brief presentation by the UNHCR on the 2023 GRF, its pledges and the main tools for its monitoring and surveillance, a summary of the rate of achievement of the 2019 GRF pledges was given.
44. The AUC then presented the commitments it had made at the 2023 GFR, namely: the creation and operationalisation of the African Humanitarian Agency; the inclusion of refugees, asylum seekers, internally displaced persons and stateless persons in national social and economic systems, services and economic opportunities; and coordination with the RECs/RMs. This was followed by the sharing of experiences by some Member States that had submitted pledges to the GRF 2023, as well as their main achievements and challenges in managing issues relating to refugees, asylum seekers, internally displaced persons and stateless persons. An interactive dialogue followed, focusing on the identification of capacity-building needs, gaps and possible solutions expected to effectively implement all the commitments.
45. Finally, the AUC also presented a draft "roadmap for the implementation of its commitments made at the GRF 2023", including the main actions planned and an indicative timetable. This activity was particularly important for the ACHPR as it concerns the implementation of the AUC's 3 commitments, one of which ties in with the pledge presented by the ACHPR at the GRF 2023, and which concerns the implementation of Resolution 565 (LXXVI) 2023, by committing to the inclusion of refugees, asylum seekers, internally displaced persons and stateless persons in national social and economic systems, services and economic opportunities.
V. PARTICIPATION IN A MEETING OF THE PIERR PLATFORM (9 SEPTEMBER 2024, VIRTUAL)
46. The main item on the agenda was a review of the work plan and activities for the remainder of 2024. Details of PIERR's possible participation in the activities of the 81st Ordinary Session of the ACHPR from 17 October to 6 November 2024 were discussed.
VI. PARTICIPATION IN AN (ONLINE) TELECONFERENCE ORGANISED BY THE OFFICE OF THE UNHCR SPECIAL ENVOY FOR THE CENTRAL AND WESTERN MEDITERRANEAN (12 SEPTEMBER 2024)
47. The aim of the teleconference was to initiate a discussion on the search and rescue (SAR) of migrants in the Mediterranean Sea, and the many challenges facing these operations. In addition to the UNHCR, the meeting was attended by numerous NGOs specialising in search and rescue at sea, as well as other human rights protection NGOs. After a presentation of the general situation in the Mediterranean by the Special Envoy (data on incidents at sea, administrative detentions of SAR vessels, removal from ports of disembarkation designated by certain States, failure to assist migrants in distress at sea, etc.).
48. I was asked to give an overview of the situation of migrants in Africa, particularly those who take the central Mediterranean sea route to Europe. Emphasis was placed on the many violations suffered by these migrants and the risks incurred during the migration process. We also recalled the many efforts undertaken by the ACHPR to alert States Parties to this tragedy, to remind them of their responsibility in terms of search and rescue, and to insist on the need to tackle the root causes of the displacement of people by finding sustainable solutions and investing in development.
49. Particular attention was paid to the issue of migrants missing at sea, where Resolution 486 (2021) of the ACHPR was recalled, insisting on its implementation in order to be able to adopt a common African position on the issue. We also touched on the issue of the conditions under which migrants are disembarked in certain North African States and the consequences of this, stressing the need for a "safe place" of disembarkation and respect for the fundamental rights of migrants intercepted or rescued at sea by States Parties, as well as the need not to hinder the work of NGOs active in this field.
IX. PARTICIPATION IN A WORKSHOP ORGANISED BY THE PAN-AFRICAN PARLIAMENT AND UNHCR ON THE DRAFTING OF A MODEL LAW ON CITIZENSHIP AND THE PREVENTION OF STATELESSNESS (MIDRAND, SOUTH AFRICA). 19-20 SEPTEMBER 2024, (Virtual)
50. After general presentations on statelessness, and more specifically statelessness in Africa and its realities due to certain particularities and specificities of the continent, followed by a debate, the workshop focused on the latest Protocol to the African Charter on Human and Peoples' Rights on specific aspects of the right to a nationality and the eradication of statelessness in Africa, adopted in February 2024 by the Assembly of Heads of State and Government, and which represents a landmark document for the continent.
51. Following this, we intervened to stress the importance of this instrument, which fills the existing legal vacuum in terms of the right to a nationality and the eradication of statelessness at regional level, and at the same time to recall the sustained efforts of the African Commission on Human and Peoples' Rights, with other partners, throughout the process of preparation, negotiation and adoption of this protocol over nearly 10 years.
52. We took the opportunity of the presence of the African parliamentarians to invite the African States to ratify this new protocol as soon as possible in order to allow its entry into force by reaching the quorum of 15 ratifications, and to take ownership of it thereafter by integrating its provisions into national laws; a model law on nationality and the eradication of statelessness could serve as a guide for States to adapt their legislation and align it with international and regional standards in this area.
53. The workshop also looked at the draft model law, its content and the next steps towards its adoption. We intervened to make proposals for improving the draft and above all to insist on the role of the African Commission on Human and Peoples' Rights, within the framework of Article 45/1/c of the Charter, to enable the completion of such a text which would serve as a guide for States to bring their national legislation into line with international and regional standards, in particular those contained in the new protocol, and also with a view to harmonising laws on the continent for a common vision and management of issues related to nationality and the prevention of statelessness. Ratification by States of the Protocol on Nationality and its domestication at national level will be greatly facilitated by the existence of a model law that provides the legal frameworks for adapting the principles of the treaty to national law.
PROTECTION ACTIVITIES
I. PRESS RELEASES, URGENT APPEALS AND LETTERS OF CONGRATULATIONS
54. As part of the implementation of my protection mandate as Country Rapporteur and Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa, I have carried out the following actions:
URGENT APPEALS
- Joint urgent appeal letter to the Republic of Tunisia on the arrest and detention of human rights activists working to protect migrants (19 May 2024)
STATEMENTS AND PRESS RELEASES
- Joint press release on the human rights situation in the Republic of Tunisia (23 May 2024)
- Joint PIERR press release on the occasion of International Refugee Day; Statement: "Asylum laws and procedures must resist the politics of fear and exclusion according to UN human rights experts", (23 May 2024)
- Declaration on the occasion of World Refugee Day (20 June 2024)
- Human Rights Council Special Procedures press release on the UK Government's intention to abrogate its agreement with Rwanda on the outsourcing of asylum claims "Experts welcome announcement of end to UK-Rwanda asylum partnership", (10 July 2024)
- Press release on the discovery of several bodies of deceased migrants in the Algerian desert, (18 July 2024)
- Press release on the death of more than 25 migrants off the coast of Nouakchott, (31 July 2024),
- Press release on the death of migrants off the coast of Mbour in the Republic of Senegal (16 September 2024)
- Joint press release from PIERR , on the contribution of refugees to sustainable development, on the occasion of the Future Summit. (20 September 2024)
- Press release on the discovery of around thirty lifeless bodies in a boat off the coast of Dakar, (30 September 2024)
- Joint statement by PIERR on the occasion of the launch of the Global Alliance against Statelessness, (14 October 2024)
LETTERS OF CONGRATULATIONS
- Letter of congratulations on the occasion of the presidential elections in the Republic of Tunisia. (9 October 2024)
STATE OF RATIFICATION OF THE AFRICAN UNION CONVENTION ON THE PROTECTION AND ASSISTANCE TO DISPLACED PERSONS IN AFRICA
55. We would like to commend the Republic of Sao Tome & Principe on becoming the 34th State to ratify the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), during this intersessional period.
56. To date, thirty-four (34) States have ratified it. They are : Angola, Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Côte d'Ivoire, Democratic Republic of the Congo, Djibouti, Equatorial Guinea, Eswatini, Ethiopia, Gabon, Gambia, Guinea Bissau, Lesotho, Liberia, Mali, Malawi, Mauritania, Mozambique, Nigeria, Niger, Rwanda, Sahrawi Arab Democratic Republic, Sao Tome & Principe, Sierra Leone, South Sudan, Somalia, Togo, Uganda, Zambia and Zimbabwe.
57. Ten (10) States have only signed it, namely : Burundi, Comoros, Eritrea, Ghana, Guinea, Madagascar, Namibia, Senegal, Tanzania and Tunisia.
58. Eleven (11) States have still not signed or ratified it. They are : Algeria, Botswana, Cabo Verde, Egypt, Kenya, Libya, Mauritius, South Africa, Kingdom of Morocco, Seychelles and Sudan.
59. We would like to point out that to date only the Republic of Cameroon has submitted its initial report under Article 14 (4) of the Kampala Convention as part of the general obligation under Article 62 of the African Charter on Human and Peoples' Rights.
60. However, the Commission has received periodic reports from two other States, Angola and Burkina Faso, which also contain their initial reports on the implementation of the Kampala Convention.
61. We commend these two States and invite the others to follow the same approach to comply with their obligations under the Kampala Convention and ensure better monitoring of its provisions in order to improve the situation of internally displaced persons in Africa.
INTRODUCTION AND STATE OF RATIFICATION OF THE PROTOCOL TO THE AFRICAN CHARTER ON HUMAN AND PEOPLES' RIGHTS ON SPECIFIC ASPECTS OF THE RIGHT TO A NATIONALITY AND THE ERADICATION OF STATELESSNESS IN AFRICA
62. The Protocol to the African Charter on Human and Peoples' Rights on specific aspects of the right to a nationality and the eradication of statelessness in Africa was adopted at the 37th Ordinary Session of the Assembly of Heads of State and Government of the African Union, held from 17 to 18 February 2024 in Addis Ababa, Federal Democratic Republic of Ethiopia.
63. The Protocol represents a historic moment and a major legal advance for Africa, which now has a binding instrument ensuring both the promotion, protection and respect of the right to a nationality for all individuals, a fundamental condition for the protection and effective exercise of all other human rights (establishment of identity papers, education, health, employment, social protection, political rights (voting/election) and the prevention and eradication of statelessness, which is contrary to respect for the right to dignity inherent in all human beings, education, health, employment, social protection, political rights (voting/election) and, secondly, the prevention and eradication of statelessness, which is contrary to respect for the right to inherent dignity of the human person and recognition of legal personality. Indeed, before the adoption of this protocol, the right to nationality was not fully recognised on the continent as a fundamental human right, and the current framework does not allow people to protect themselves effectively.
64. The existence of national laws on nationality has not completely filled the legal vacuum in regional law, and the African Commission on Human and Peoples' Rights has no legal tool to protect and promote the rights guaranteed by the Charter.
65. While it is undeniable that this Protocol will make a major contribution to the African Charter on Human and Peoples' Rights, consolidating its normative framework and remedying its shortcomings in the areas of nationality and statelessness, the fact remains that resolving the problems in practice will require continental ratification and effective and efficient implementation of the Protocol's provisions.
66. Article 27 of the Protocol requires 15 ratifications for its entry into force. We would like to invite all the States Parties to the African Charter to ratify the Protocol as soon as possible in order to reach the quorum required for its implementation, but above all thereafter to make it their own by incorporating its provisions into their national legislation.
67. Good practices already exist at REC level, these include the commitment already made by the Member States of the Economic Community of West African States (ECOWAS) through the Abidjan Declaration of 25 February 2015 on the eradication of statelessness in West Africa, The Brazzaville Declaration on the eradication of statelessness of 16 October 2017 taken by the Member States of the International Conference on the Great Lakes Region (ICGLR).
68. To date, no signature or ratification has been recorded for this Protocol.
We therefore reiterate our appeals to the AU Commission, the UNHCR, civil society organisations and all other partners to provide their support and contribution in order to conduct advocacy in the campaign for ratification of this fundamental instrument, as part of efforts to implement the Global Alliance to End Statelessness, launched on 14 October 2024.
ANALYSIS OF THE HUMAN RIGHTS SITUATION IN THE COUNTRIES MONITORED AS COUNTRY RAPPORTEUR: LIBYA, NIGER, SENEGAL AND TUNISIA.
Libya
69. During this intersession period, the situation in Libya deteriorated in terms of political, economic and security stability. On 16 April 2024, the Special Representative of the Secretary-General for Libya and Head of UNMIL (United Nations Support Mission in Libya), Abdoulaye Bathily, tendered his resignation and was replaced by Ms. Stéphanie Koury who has taken up her new duties since 16 May.
70. UNMIL continues to work with Libyan and international actors to find a consensual way forward for the political process and to facilitate inclusive presidential and parliamentary elections, in accordance with Security Council Resolution 2702 (2023) . However, in the absence of new political talks leading to a government of unity and elections, the political situation remains unchanged.
71. On the security front, the situation in eastern, western and southern Libya continues to be disturbing, with sporadic clashes between different armed groups (belonging to different organizations). This situation is exacerbated by the war in Sudan and the numerous crises in the Sahel region.
72. On the humanitarian and human rights front, the situation also remains rather critical, in particular with regard to various allegations of restrictions on freedom of expression, association and peaceful assembly. Many allegations also concern cases of illegal deprivation of liberty, abductions, enforced disappearances, arbitrary arrests and detentions, as well as torture, ill-treatment, unlawful killings and deaths in custody .
73. Despite the efforts of the Libyan authorities to promote a human rights-based approach to migration management , migrants, refugees and asylum seekers in Libya continue to face numerous challenges due to the rather limited access to their human rights, in particular because of the increase in their numbers since the outbreak of the conflict in Sudan in April 2023 (according to UNHCR, they number almost 97,000, most of them arriving in Al-Kurfa, where they face difficult conditions) or following expulsions from neighbouring states. The often-extreme conditions of the migration routes through the Libyan desert, via irregular crossing points, have led to numerous deaths and an increasing number of people are reported missing.
74. A number of draft laws have not yet been adopted, but can nonetheless be seen as a step forward in bringing national legislation into line with international and regional human rights standards, including those in Africa. These include the draft law on reconciliation of the Libyan Presidential Council to ensure full compliance with international human rights law and standards. Although there are concerns about this draft, as well as challenges to its adoption , if it were to be adopted, it would represent a significant step forward in relation to the current transitional justice framework in Libya. Another example is the draft law on violence against women (2023).
Niger
75. During the intersession period, Niger continued to face major challenges due to regional instability emanating in neighbouring countries such as Mali, Burkina Faso and Nigeria, as well as the activities of armed groups and cross-border crime, particularly in the regions of Tillaberi, Maradi, Diffa and Tahoua. In recent months, there have been several attacks against the military, resulting in dozens of deaths and numerous injuries, including among civilians.
76. The security crisis in Niger and neighbouring countries has resulted in significant numbers of people fleeing attacks by non-state armed groups in search of safety and assistance. These massive movements and flows have been exacerbated by floods caused by heavy rains, which have destroyed the homes of more than a million people across the country, forcing them to move. This situation is putting increasing pressure on the already limited resources of the local population and is leading to persistent acute food insecurity in regions such as Tillabéry, Tahoua, Diffa and Maradi..
77. As pointed out in our previous intersession report, following the military coup, the National Council for the Protection of the Homeland suspended the constitutional order and issued Decree no. 2023-01 of 28 July 2023, dissolving all constitutional bodies. The Council also issued Order no. 2023-02 of 28 July 2023, creating new institutions and replacing the National Human Rights Commission (CNDH) with another body, the National Observatory of Human Rights and Fundamental Freedoms, whose composition, functions and operation will be determined by the Head of State. This institution has apparently still not been set up.
78. We reiterate our call on Niger to re-establish a fully-fledged national human rights institution capable of carrying out its mandate autonomously.
79. On 29 May 2024, a circular/order was issued suspending all visits by human rights organizations to Nigerien prisons until further notice, despite the fact that Niger is a party to the Optional Protocol (OPCAT) to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
80. On 7 June 2024, the Cybercrime Act 2019 was amended by a decree reinstating prison sentences for "defamation", "insults", and "dissemination of data likely to disturb public order or undermine human dignity", when these offenses are committed electronically. This 2019 law was amended in 2022 to abolish prison sentences for these offences, in line with the 2010 Press Law, which abolished prison sentences for press offences. Although the aim of this decree is "to restore the balance between freedom of expression and the protection of individual rights, on the one hand, and to maintain public order and security, on the other", the fact remains that the often broad and rather vague definitions of certain offences that can incriminate a journalist for his or her work give rise to fears that these new provisions could be used to stifle the freedom of the electronic press in Niger.
Senegal
81. This intersession period was largely marked by the numerous tragedies of migrants who died or disappeared at sea, following the sinking of often makeshift and overloaded boats attempting to reach the Canary Islands via the Atlantic migration route, one of the deadliest in the world.
82. Between June and the beginning of October 2024, and according to the IOM, hundreds of people attempted to reach Europe from Senegal, the vast majority of them young people, but also women and children, in search of better living conditions and, in particular, to escape unemployment and other socio-economic problems.
83. In addition to the measures already taken to combat irregular migration, the Senegalese authorities have announced that they will step up measures to implement appropriate public policies to guarantee jobs for young people, strengthen preventive security and coercive measures to prevent the departure of migrants, and set up a toll-free number to denounce traffickers in human beings.
84. During this intersessional period, the Commission also observed a large number of exit bans imposed on former officials of the regime of former President Macky Sall.
85. The Commission points out that such measures should be exceptional and that, although they may be justified by the need to safeguard public security and national interests, they run the risk of undermining the fundamental rights of the persons concerned if they are not based on clear and transparent legal provisions.
86. Finally, the National Assembly has been dissolved in preparation for the early parliamentary elections scheduled for 17 November. We encourage the Republic of Senegal to respect the timetable it has set itself for the election of a new National Assembly to exercise legislative power..
Tunisia
87. The intersession period in Tunisia was largely marked by preparations for the presidential elections held on 6 October 2024, which resulted in the re-election of outgoing President Kaïs Saïed to the second term in office.
88. We congratulate the Tunisian people and all political and social actors for their responsible conduct during these elections, which took place in a peaceful climate, and wish Tunisia every success in the promotion and protection of human rights, in accordance with the African Charter on Human and Peoples' Rights and other relevant legal instruments to which it is a party.
89. However, tensions were observed during the pre-election period, in particular following a series of arrests and sometimes detentions of political opponents, journalists, human rights defenders and members of civil society.
90. We call on the Tunisian authorities to guarantee to all Tunisians the right to participate freely in the conduct of their country's public affairs, as guaranteed by the various international and regional instruments to which Tunisia is a party, including the African Charter on Human and Peoples' Rights ( Article 13).
91. The issue of migration also remains highly problematic, and the situation of sub-Saharan migrants continues to be a cause for concern. While the efforts made by the Tunisian government in the campaign organized by IOM Tunisia for the voluntary return and reintegration of almost 5,000 irregular migrants in their countries of origin since the beginning of 2002 should be highlighted, refoulements and collective expulsions are still practised, albeit on a decreasing scale.
92. We call on the Tunisian authorities to take the necessary steps to put an end to collective expulsions and to protect the human rights of all migrants, regardless of their migration status, by ensuring respect for their human dignity.
93. The disappearance of migrants (Tunisian and sub-Saharan) at sea off the Tunisian coast, including women, children and babies, following the numerous shipwrecks of their precarious boats, should also be noted during this intersession period.
94. It should also be noted that, since June 2024, the Tunisian authorities have had their own search and rescue zone in the Mediterranean (SAR zone) in order to increase the effectiveness of the Tunisian State's intervention in providing a maritime search and rescue service for the benefit of all users of the sea, Tunisian and non-Tunisian, including migrants, in the area under Tunisian jurisdiction and to try to deal with the consequences of the numerous shipwrecks of often dilapidated boats bound for Europe.
95. We encourage the Tunisian authorities to carry out rescue and search operations at sea in accordance with international standards, and to ensure that disembarkations take place in safe areas.
ANALYSIS OF THE SITUATION OF REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND MIGRANTS DURING THE INTERSESSION PERIOD
96. The combination of conflict, political violence, deteriorating socio-economic conditions, climate change and food insecurity continues to cause massive displacement of people in several African countries. According to international and regional agencies (IOM, UNHCR, OCHA, etc.), the number of forcibly displaced persons (including internally displaced persons (IDPs), asylum seekers and refugees) is steadily increasing. According to the latest figures from the United Nations High Commissioner for Refugees , there are now over 120 million forcibly displaced persons in the world, an all-time record.
97. Almost 44 million of them are refugees and asylum seekers (a 7% increase compared to 2023). Unfortunately, a large number of these people are in Africa: 5,430,153 in the East Africa and Great Lakes region , with Sudan alone accounting for over 2.5 million, representing the largest refugee crisis in Africa today, 3,324,428 in West and Central Africa, while Southern Africa has a total of 10,056,557 refugees and asylum seekers .
98. During their displacement, these people suffer numerous human rights violations, including abduction, arbitrary killings, extortion and gender-based violence, as well as precarious living conditions in the formal and informal sites where they are hosted.
99. The increase in epidemics in camps for internally displaced persons or refugees, or in transit centres, in particular the resurgence of cholera, the spread of the new MPOX epidemic (particularly in the Democratic Republic of Congo), the risks of disease transmission - due to poor sanitary conditions and lack of drinking water - and the high number of people likely to suffer from hunger and acute malnutrition requiring life-saving treatment is a very worrying situation.
100. Many refugees, asylum seekers and internally displaced persons are unable to enjoy some of their social and economic rights, including the right to education and the right to health, especially for children.
101. The overall situation of these vulnerable people is all the more alarming as funding for humanitarian action and assistance to refugees, asylum seekers and other displaced persons continues to be constrained by limited funding for relief and assistance programmes, while the humanitarian emergency in many African countries, such as Sudan, South Sudan, the Democratic Republic of Congo, Somalia, Ethiopia... continues to grow and calls for greater international solidarity. The UNHCR's global appeal for 2024 shows a shortfall of 55%, forcing it to reduce its operations to the bare minimum and to cherry-pick its beneficiaries. Unfortunately, we are witnessing a new trend in the creation of "neglected" protracted displacement crises. Indeed, some reports have compiled a list of the most neglected displacement crises in which nine of the top ten are in African countries.
Refugees
102. As we celebrate this year the 50th anniversary of the entry into force of the OAU Convention on the Specific Aspects of Refugee Problems in Africa (1969), the situation of refugees and asylum seekers on the continent continues to give cause for concern. Some countries, particularly in North Africa, have still not adopted asylum legislation, while others are planning to reform their existing laws, but unfortunately with provisions that are less favourable to refugees and asylum seekers.
103. According to UNHCR data for August 2024, the number of refugees and asylum seekers has risen steadily in recent months, reaching 2,550,664 in the following countries: Chad, Cameroon, Niger, Mali, Nigeria, Cote d'Ivoire, Central African Republic, Togo, Burkina Faso, Benin, Senegal, Ghana, The Gambia, Guinea, Liberia, Gabon, Guinea-Bissau and Cape Verde .
104. Since the beginning of the conflict in Sudan in April 2023, the number of Sudanese refugees has exceeded 2,200,000, fleeing to neighbouring countries including Chad, South Sudan, Egypt, Libya, Central African Republic... Many of these countries, already facing chronic underfunding and large displaced populations prior to the conflict in Sudan, have continued to host refugees from that country. Increased support is needed to help host countries provide essential protection and life-saving assistance to new arrivals.
105. Niger continues to host large numbers of refugees despite security, political and economic challenges, exacerbated by the coup d'état of July 2023 and the severe sanctions imposed on Niger.
106. According to UNHCR , the number of refugees and asylum seekers in Niger is close to 420,000. The population of refugees and asylum seekers represents an increase of more than 5% compared to 2023. Refugees and asylum seekers, mainly women and children, come mainly from Nigeria (57%), Mali (31%) and Burkina Faso (8%), and live in extremely difficult conditions.
107. Chad is experiencing a large influx of refugees, currently numbering over 1,200,000, mainly from Sudan, Central African Republic, Nigeria and Cameroon, many of whom are living in overcrowded and unhygienic conditions, largely due to a lack of resources.
108. Uganda is the African country hosting the largest number of refugees and asylum seekers, with over 1.7 million people, mainly from South Sudan, the Democratic Republic of Congo and Sudan. While most of these refugees have previously received humanitarian assistance in the form of food, shelter and health care, the arrival of more refugees this year, particularly from Sudan, has put a strain on these services, while funding constraints have left the country without the resources to provide more extensive assistance. Hunger is now a reality for a significant number of refugees in Kiryandongo camp. We call on humanitarian organisations, in particular the World Food Programme (WFP), to increase their assistance to these people. The Uganda Refugee Response Plan, which provides $858 million to 96 partner agencies to assist more than 1.67 million refugees and 2.7 million members of host communities, has received only 13% of the funding it needs.
109. Ethiopia, which already hosts one of the largest refugee and asylum seeker populations on the African continent with over 1 million people, is also reporting new refugee arrivals mainly from South Sudan, Somalia, Eritrea, and Sudan, exacerbating the severe humanitarian and food crisis the country is experiencing largely due to climate change and conflict in the Tigray region.
110. The situation in the Dadaab camp in Kenya is also worrying, with refugees arriving daily as a result of the worst drought in almost 40 years in the Horn of Africa and numerous conflicts in the region. The refugees are facing a severe lack of resources and are struggling to get the aid they need, especially food and water.
Internally displaced persons
111. According to the latest statistics , the number of internally displaced persons worldwide has reached an all-time high of more than 76 million, half of them in sub-Saharan Africa. This is mainly due to conflicts, multi-faceted violence and natural disasters caused by climate change. The situation is all the more worrying as people who are already displaced are often forced to move several times due to ongoing fighting or natural disasters.
112. Nearly 8,206,498 internally displaced persons are distributed among Nigeria, Burkina Faso, Cameroon, Niger, Central African Republic, Mali, Chad, Togo and Benin.
113. Sudan is currently the world's largest internal displacement crisis . It is home to the largest number of internally displaced persons in the world, with a total of over 10 million , a record for a single country, many of whom have been displaced twice or more. The majority of the displaced are women and children, but there are also the elderly, the war-wounded, people with disabilities and those with health problems. The ongoing conflict has led to a collapse of basic services, including health, water, sanitation and specialized protection services. Restrictions on humanitarian access severely limit the ability of aid agencies to scale up their operations and assist the displaced, particularly during the current rainy season.
114. In the Democratic Republic of Congo, the number of internally displaced persons has risen to over 7.3 million , including over 1 million since the beginning of the year, almost half of them children, mainly in the eastern provinces of Ituri, North Kivu, South Kivu and Tanganyika . The continuing fighting between the Congolese army and the A23 armed group, and its intensification, including the use of heavy weapons in populated areas, have forced thousands of people and entire communities in the Masisi and Rutshuru territories to flee to other safer areas on the outskirts of Goma. The situation is all the more alarming as the vast majority of the displaced are vulnerable: war-wounded, orphaned and unaccompanied children, often separated from their parents during flight, pregnant women and the elderly.
115. In addition to the many human rights violations to which they are subjected: abductions, arbitrary executions, extortion, gender-based violence, etc., IDPs are living in precarious conditions in formal and informal IDP sites in eastern DRC, leading to an increase in cholera cases, particularly among children, and the risk of disease transmission due to poor sanitary conditions. A large number of these people are expected to suffer from acute malnutrition in 2024. The situation is likely to worsen further with the spread of the new MPOX epidemic in overcrowded camps, where the implementation of preventive measures is a major challenge.
116. According to a report published by Médecins Sans Frontières last September (2024) , an unprecedented number of victims of sexual violence have been reported in the eastern DRC, in the province of North Kivu, with displaced women in and around the sites representing the largest number.
Internal displacement and climate change
117. Climate-related forced internal displacement is also on the rise. Indeed, Africa is highly vulnerable to climate change, despite contributing only about 4% of global greenhouse gas emissions.
118. This intersession period was characterized by extreme weather events in various parts of Africa, forcing thousands of people to move.
119. Torrential rains in East Africa due to the El Niño phenomenon caused widespread flooding in Somalia.
120. Heavy flooding in Sudan and South Sudan killed dozens of people and displaced nearly 1.2 million from their homes, exacerbating an already critical humanitarian situation by hampering and delaying the delivery of humanitarian aid. Thousands of children in IDP camps in Sudan are at risk of a growing cholera epidemic, exacerbated by flooding and the subsequent stagnation of floodwaters.
121. Since the onset of the rainy season and continuing to this day, West and Central Africa has also been affected by severe flooding, which has claimed more than 1,500 lives, affected 4 million people and displaced more than 1.2 million in Burkina Faso, Cameroon, Chad, Guinea, Mali, Nigeria and Niger , destroying many homes and infrastructures and significantly worsening the situation of refugees and IDPs in camps. The heavy rains have led to a proliferation of mosquitoes, reportedly increasing cases of malaria, and a cholera epidemic is spreading due to stagnant water in certain States such as Niger, Cameroon, the Democratic Republic of Congo, Ghana, Nigeria and Togo .
Migrants
122. In Africa, migration continues to be driven by compelling circumstances rather than genuine choice. Conflict, persistent sustainable development challenges and lack of decent work opportunities, or climate change are all factors that drive mobility.
123. According to the United Nations and its partners, more and more African migrants are heading north towards Europe, crossing dangerous routes in the Sahara where criminal gangs subject them to human trafficking, slavery, rape, abduction for ransom and other abuses. While the number of Mediterranean crossings has fallen over the past year, largely due to EU-backed migration management policies, particularly in Tunisia, Libya and Egypt, there has been an alarming spike in crossings via the western Atlantic route to the Canary Islands. By 31 August, more than 25,500 migrants, mostly from Mali, Senegal and other West African countries, had arrived on the islands, while hundreds had perished at sea or gone missing.
124. The Second Review Conference of the Global Compact for Safe, Orderly and Regular Migration was held in Addis Ababa on 8-10 October to assess progress made in the implementation of the Compact since its adoption in 2018, while identifying regional priorities, gaps and challenges. While migration remains a key issue in the region, it is essential to strengthen cooperation and align Africa's priorities with global frameworks, including the UN's Agenda 2030 for Sustainable Development and the AU's Agenda 2063.
125. Following the recent military escalation in Lebanon, and according to the IOM, many African migrant workers, particularly domestic workers, mainly from Ethiopia, Kenya, Sudan and Sierra Leone, are stranded, abandoned by their employers, often without passports and unable to evacuate. We call on African countries that supply labour to Lebanon to protect their nationals and ensure their dignified repatriation..
Missing migrants
126. In Africa, irregular migration takes place along four main routes: the Eastern route, the Southern route, and the Mediterranean and Atlantic routes to Europe. Most of these routes, whether by land or sea, are the deadliest and most complex migratory routes in Africa and the world, with increased risks of disappearance .
127. During this intersessional period, there has been an alarming increase in the disappearance of migrants in various circumstances in Africa, and according to the IOM Missing Migrants Project, almost 1,500 people have died, been presumed dead or gone missing during their migratory journeys this year.
128. Recent months have been particularly deadly for migrants using the Western Atlantic route to Spain's Canary Islands. There have been numerous tragedies, including the sinking of often dilapidated boats carrying migrants off the coasts of Senegal and Mauritania. Between June and October 2024, around 600 migrants disappeared, died or were reported missing.
129. The Mediterranean continues to have its share of migrants who have died or gone missing during the crossing, with more than 30 deaths recorded last September alone, including women and babies, and many more missing after their boats sank off the Tunisian coast .
130. Between August and October, more than 100 migrants died off the coast of Djibouti and dozens went missing while attempting the eastern route across the Red Sea to reach the Gulf countries.
131. Recalling Resolution ACHPR/RES. 486 (EXT.OS/XXXI1I) 2021 on missing migrants and refugees in Africa and the impact on their families, and the need for its implementation, we call on the States Parties to the African Charter on Human and Peoples' Rights and the African Union to intensify their efforts to combat irregular migration by addressing its root causes, in particular: youth unemployment, armed conflicts, deteriorating socio-economic and political situations, climate change... by developing regular channels for legal migration and by working to ensure that migration management policies and practices are based on respect for the human rights of all migrants.
RECOMMENDATIONS
132. I wish to reiterate the recommendations made in previous reports, some of which are still valid, and to which new ones have been added:
a) To the States Parties to the African Charter :
Adopt and implement the African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers, adopted in 2023 by the African Commission on Human and Peoples' Rights;
Take ownership of Resolution ACHPR/RES. 486 (EXT.OS/ XXXI1I) 2021 on missing migrants and refugees in Africa and the impact on their families, and Resolution ACHPR/Res.565 (LXXVI) 2023 on the inclusion of refugees, asylum seekers, internally displaced persons and stateless persons in national socio-economic systems, services and economic opportunities in Africa
Ensure that refugees can enjoy the full range of their human rights, including economic and social rights and certain freedoms within the framework of national laws;
Respect the principles of the Geneva Conventions and the OAU Convention on the Protection of Refugees, which enshrine the fundamental principle of non-refoulement;
Ratify the Protocol to the African Charter on Human and Peoples' Rights on Specific Aspects of the Right to Nationality and the Eradication of Statelessness in Africa, with a view to its early entry into force..
Increase assistance to States hosting large numbers of asylum seekers or refugees.
Put an end to the detention of migrants solely on the basis of their migration status, and, where possible, replace it with alternatives to detention that are more humane and respectful of the dignity of migrants.
b) To all Member States of the African Union:
Ratify the Protocol to the Treaty establishing the African Economic Community on the Free Movement of Persons, the Right of Residence and the Right of Establishment,
For those who have not yet done so, ratify the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (1969);
Implement the goals of the 2018 Global Compact on Refugees;
Get more involved in preventing forced displacement of people inside and outside their countries, whatever the cause of the displacement (armed conflict, climate change, large-scale development projects, natural disasters, etc.); and provide protection to people when prevention has failed;
For those who have not yet done so, accelerate the process of ratifying the African Union Convention on the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention); and for those who have ratified it, to operationalize its provisions through policies and programmes for internally displaced persons, and report thereon in their periodic reports to the Commission under Article 14(2) of the Convention;
Commit to the implementation of the Global Compact for Safe, Orderly and Regular Migration (2018) ;
Work towards taking concrete measures to respond effectively to the challenges posed by the impact of climate change on forced population movements on our continent;
Take measures to ensure that xenophobic crimes against refugees, migrants and asylum seekers are effectively punished, and victims provided with remedies.
c) We recommend that the African Union:
Encourage States to ratify the Protocol to the African Charter on Human and Peoples' Rights on Specific Aspects of the Right to Nationality and the Eradication of Statelessness in Africa.
Urge States to find lasting solutions to existing conflicts, in order to eradicate the causes of forced displacement that give rise to refugees, internally displaced persons and migrants.
Accelerate the operationalization of the African Humanitarian Agency by providing it with a substantial fund and real means of action so that it can deal effectively with the various humanitarian situations in Africa.
Adopt a common African position on the issue of missing migrants.
d) We recommend that the Office of the United Nations High Commissioner for Refugees and other UN agencies and international organizations:
Work upstream with States to find lasting solutions to the situation of refugees and asylum seekers as well as internally displaced persons, in particular long-term refugees;
Increase humanitarian assistance to refugees, asylum seekers and internally displaced persons.
Strengthen cooperation with the African Commission on Human and Peoples' Rights on issues of common interest;
Continue to support us in advocating the eradication of statelessness in Africa, including the implementation of the recommendations of ACHPR Resolution/Res.565 (LXXVI) 2023 on the inclusion of refugees, asylum seekers, internally displaced persons and stateless persons in national socio-economic systems, services and economic opportunities in Africa.
e) We recommend that civil society players and other partners :
Develop strategies and action plans for the ratification of the Protocol on Nationality and the Eradication of Statelessness in Africa;
Continue to advocate for the universal ratification of the Kampala Convention;
Pursue their work in the field to keep us informed of the situation of refugees, asylum seekers, internally displaced persons and migrants, and provide support and assistance to the Special Rapporteur to enable her to carry out her mandate properly;
The ICRC to continue to engage with States and the Mandate on the effective implementation of Resolution ACHPR/RES. 486 (EXT.OS/ XXXI1I) 2021 on missing migrants and refugees in Africa and the impact on their families.
133. In conclusion, we would like to express our sincere gratitude to all States, our partners, in particular the African Union Commission, the ICRC, UNHCR and IOM, the NHRIs and all civil society organizations for their tireless support to our Mechanism.
Thank you for your kind attention.
