“Making migration a vector of dignity, not vulnerability”
Banjul, 18 December 2025 – On International Migrants Day, the African Commission on Human and Peoples’ Rights (the Commission) joins the international community in paying tribute to all migrants, in Africa and elsewhere, and in recalling that they are, above all, rights holders. Migration is part of the history and contemporary reality of the continent; it cannot be governed sustainably by fear or constant urgency, but by law, cooperation and respect for human dignity.
The African Commission emphasises that, under the African Charter on Human and Peoples' Rights, States Parties have an obligation to respect, protect and fulfil the rights of all persons within their jurisdiction, including migrants, regardless of their migration status. These obligations include, in particular, the right to life, dignity, physical and moral integrity, liberty and security, and non-discrimination , freedom of movement, judicial guarantees and the right to an effective remedy, as well as the absolute prohibition of torture, ill-treatment and collective expulsions. They apply at all stages of the migration process: at departure, at borders, in transit, during stay and during any removal measures.
The Commission also recalls that migrants are not only persons in need of protection, but also essential actors in our societies. Through their work, skills, economic initiatives, remittances, participation in essential services and community engagement, they contribute significantly to the development of countries of origin, transit and destination. Their presence enriches the social, cultural and economic fabric and strengthens ties between peoples; viewing them solely in terms of risk or ‘burden’ is not only inaccurate but contrary to the requirement of dignity and equality set out in the African Charter.
The Commission is deeply concerned about the steady increase in migrant deaths and disappearances along migration routes. When safe and regular routes are closed, obstacles multiply and migration is viewed primarily through a security lens, people do not stop moving; they are pushed onto more dangerous and longer routes. No route should become a corridor of disappearance; when this happens, it is not mobility that is at fault, but inadequate protection and the failure of States to fulfil their obligations, as recalled in Commission Resolution 486 (2021) on missing migrants and refugees in Africa and the consequences for their families 1.
The Commission further deplores the persistence of practices that are incompatible with regional and international standards: summary refoulement, collective expulsions, excessive use of force at borders, detention for migration-related reasons alone – including of women and children – inadequate detention or accommodation conditions, racial profiling and hate speech fuelling racism and xenophobia. Detention for migration purposes can only be a measure of last resort, strictly necessary, proportionate, limited in time and subject to effective judicial control.
The Commission pays particular attention to the situation of migrants in vulnerable situations, including women and girls, unaccompanied or separated children, persons with disabilities and older persons. These groups are often the most exposed to human trafficking, forced labour, sexual and gender-based violence, and various forms of exploitation. States have a heightened duty of care towards them: to prevent these violations, protect victims, investigate and prosecute perpetrators, and ensure their effective access to justice, reparation and specialised services, including health and psychosocial support.
The Commission also reiterates its concern about the dynamics of externalisation of migration governance. In accordance with its Resolution 645 (LXXXV) 2025 2, it recalls that no agreement or arrangement whereby non-African States transfer to African States the reception, detention of migrants or processing of asylum applications may have the effect of reducing, displacing or neutralising the obligations arising from the African Charter and other relevant instruments. The principles of non-refoulement, prohibition of collective expulsions, individual examination, access to legal assistance and effective judicial review remain fully applicable, regardless of the place of interception, disembarkation or transfer.
Finally, the Commission emphasises that the effects of climate change combine with poverty, inequality and conflict to increase human mobility. Responses to these movements cannot consist simply of closing borders; they must incorporate a human rights-based approach, recognising that, in certain contexts, migration can be a coping strategy and requiring the protection of people forced to move.
On the occasion of International Migrants Day 2025, and in line with the revised African Union Migration Policy Framework and Plan of Action (2018-2030), the Global Compact for Safe, Orderly and Regular Migration (2018) and the #StandUp4Migrants campaign, the African Commission:
• Reminds States Parties that all migrants are subjects of law, and invites them to align their legislation and practices with the African Charter, other relevant international and regional instruments, and the African Guidelines on the Human Rights of All Migrants, Refugees and Asylum Seekers, adopted by the Commission in 2023 3;
• Urges the prevention of deaths and disappearances of migrants through legal migration channels, the strengthening of search and rescue operations, the establishment of reliable data collection mechanisms and effective support for families;
• Calls on States to end refoulement, collective expulsions and systematic detention on migration grounds, and to guarantee, for any removal measure, an individual assessment, access to information and legal assistance, and effective judicial review;
• Emphasises that any cooperation or agreement on migration, including in the context of externalisation, must be fully consistent with human rights obligations, and calls on States to refrain from any arrangement that would expose migrants to serious violations of their rights;
• Encourages, in the spirit of its Resolution 565 (2023) 4, States Parties to ensure the effective inclusion of migrants in national systems – including non-discriminatory access to health, education, decent work, justice and social protection – for the mutual benefit of migrants and host communities.
The African Commission reaffirms its readiness to cooperate with States, the African Union, regional economic communities, national human rights institutions, civil society and migrant and diaspora organisations to ensure that no migration route becomes a corridor of disappearance or denial of rights, and that migration, when properly governed, is fully recognised as a vehicle for dignity, justice and shared development.
Honourable Commissioner Selma SASSI-SAFER
Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa
1 Resolution on missing migrants and refugees in Africa and the impact on their families - ACHPR/Res. 486 (EXT.OS/XXXIII) 2021 https://achpr.au.int/index.php/en/adopted-resolutions/486-resolution-missing-migrants-and-refugees-africa-and-impact-their-fa
2 Resolution on the Obligations of African States in the Context of the Externalization of Migration Governance and the Extra-Regional Transfer of Migrants to Africa - ACHPR/Res.645 (LXXXV) 2025 https://achpr.au.int/index.php/en/adopted-resolutions/645-achprres645-lxxxv-2025
3 https://achpr.au.int/sites/default/files/files/2023-11/engafrican-guiding-principles-migrants-refugees-and-asylum-seekers.pdf
4 Resolution on the inclusion of refugees, asylum seekers, internally displaced persons and stateless persons in socio-economic national systems, services and economic opportunities in Africa - ACHPR/Res.565 (LXXVI) 2023 https://achpr.au.int/index.php/en/adopted-resolutions/565-resolution-inclusion-refugees-asylum-seekers-internally-displaced
