79th Ordinary Session of the African Commission on Human and Peoples' Rights
14 May to 3 June 2024
INTERSESSION REPORT
By
Ms 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
INTRODUCTION
This report gives an account, pursuant to Rule 64 of the Rules of Procedure of the African Commission on Human and Peoples' Rights (the Commission), of the activities for the promotion and protection of human rights undertaken during the intersessional period since the 77th Ordinary Session of the Commission held from 20 October to 9 November 2023 in Arusha, Republic of Tanzania.
The report first covers the activities carried out in my capacity as Commissioner, member of the African Commission on Human and Peoples' Rights.
I will then present 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. 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), a presentation of 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 under my responsibility as country Rapporteur, the situation of refugees, asylum seekers, internally displaced persons and migrants, and statelessness in Africa.
It concludes with recommendations to the various stakeholders.
ACTIVITIES CONDUCTED AS A COMMISSIONER, MEMBER OF THE COMMISSION
I.SIXTH AFRICAN UNION JUDICIAL DIALOGUE, (20-22 NOVEMBER 2023) ALGIERS, ALGERIA,
1.The Sixth Judicial Dialogue of the African Union was held in Algiers from 20 to 22 November 2023 and was devoted to the promotion of human rights and the effective administration of justice in Africa. The general theme was "Promoting Justice and Human Rights in Africa: Challenges and Opportunities Related to the Transposition of Regional and International Human Rights Jurisprudence into National Jurisdictions".
2.This event brought together judges from national and regional courts, representatives of national judicial systems, as well as experts and legal practitioners. Numerous other stakeholders and partners attended, including the African Commission on Human and Peoples' Rights, the African Committee of Experts on the Rights and Welfare of the Child, the Southern African Development Community Administrative Tribunal (SADCAT), the Office of the High Commissioner for Human Rights (OHCHR), the Court of the Arab Maghreb Union, the Court of Justice of the Economic Community of West African States (ECOWAS), the Court of Justice of the West African Economic and Monetary Union, the Conference of African Constitutional Courts (CJCA).
3.I took part in the first day of this Dialogue in my capacity as Resident Commissioner of the African Commission on Human and Peoples' Rights.
II.STRATEGIC PLANNING MEETING BETWEEN THE COMMISSIONERS AND THE ACHPR SECRETARIAT (2-4 DECEMBER 2023) DAKAR, SENEGAL
4.The purpose of this strategic planning meeting was to enable the ACHPR to prepare adequately for the retreat with the PRC (Permanent Representatives Committee) which followed immediately afterwards. During this meeting, members of the ACHPR and the Secretariat identified the issues to be discussed at the retreat and the strategy to be applied to achieve the objectives.
III.JOINT RETREAT BETWEEN THE SUB-COMMISSION ON HUMAN RIGHTS OF THE PRC AND THE ACHPR (5-7 DECEMBER 2023), DAKAR, SENEGAL
5.The main objective of the joint retreat between the ACHPR and the PRC Sub-Commission on Human Rights was to strengthen the synergy between the ACHPR and the PRC Sub-Commission, with a view to facilitating a coordinated and enhanced approach to the protection and promotion of human and peoples' rights on the continent. It was also intended to enable the ACHPR and the PRC Sub-Commission to effectively share their experiences, maintain mutual understanding and discuss the strengthening of the institutional capacities of the ACHPR so that it can properly fulfil its mandates.
6.During the retreat I made a presentation on "Authorisation of the ACHPR's promotional missions: a real challenge to the work of the Commission".
IV.78TH ORDINARY PRIVATE SESSION (23 FEBRUARY TO 8 MARCH 2024), VIRTUAL, ZOOM
7.During this session, the Commission examined and adopted a number of documents. Details of this session can be found in the final communiqué adopted on 8 March 2024 at the end of the session's work.
V.SEMINAR ON "THE AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS: CHALLENGES AND PERSPECTIVES", (7 FEBRUARY 2024) ALGIERS, ALGERIA
8.Organised by the Faculty of Law of Algiers 1 University, this seminar focused on the challenges and prospects of the African Court on Human and Peoples' Rights. During the seminar, I presented a paper on "The African Court on Human and Peoples' Rights and the African Commission on Human and Peoples' Rights: what complementarity? “
VI.1ST JOINT FORUM OF SPECIAL MECHANISMS OF THE ACHPR (25-27 APRIL 2024) DAKAR, SENEGAL
9.I took part in the 1st Joint Forum of the Special Mechanisms of the ACHPR, which was initiate by the ACHPR to coordinate its actions with a view of achieving perfect synergy for a better impact in the promotion and protection of human rights on the continent, in particular by monitoring the implementation of the decisions of the ACHPR, among other actions to be taken. The objectives of the 1st Forum were to
Reflect on the human rights situation on the continent, measure the progress made, identify the main challenges and jointly determine how the Commission can better contribute to the protection and promotion of human rights on the continent, particularly in the context of the African Union (AU) Agenda on Human Rights and Governance,
Review and reflect on the progress made by the Commission in the area of human rights, recognise the achievements and understand the obstacles faced by its special mechanisms and possible strategies to improve their effectiveness.
Critically assess the state of ratification and implementation of human rights instruments, identifying gaps and catalysing action to strengthen the protection and promotion of human rights.
Encourage the exchange of experience and promote partnerships that can bridge the gap between aspirations and realities on the ground.
10.The Forum was interactive and focused on the following thematic issues:
The state of ratification of human rights instruments.
Progress in the protection and promotion of human and peoples' rights within the framework of the AU.
Interactive discussions on regional instruments, non-binding texts and jurisprudence of the Commission and their impact.
11.During the Forum I intervened in the first session on the Dialogue on Human Rights Instruments Awaiting Universal Ratification: Actions Taken, Challenges, Progress and Opportunities, by presenting a paper on the “African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention): A Call for Universal Ratification, Implementation, Domestication and National Reporting”.
12.I also presented another paper on “the Protocol to the African Charter on Human and Peoples' Rights on the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa”, during the Dialogue on Human Rights Instruments Pending Entry into Force: Actions Taken, Challenges, Progress and Opportunities.
13.The conclusions of this Forum can be found in the Declaration issued at the end of the Forum, which can be found on the Commission's website.[ https://achpr.au.int/fr/news/final-communiques/2024-04-30/declaration-1…,]
VII.PARTICIPATION IN THE FORUM ON NGO PARTICIPATION IN THE 79TH ORDINARY SESSION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS (11-13 MAY 2024, BANJUL, GAMBIA, HYBRID)
14.I took part in the NGO Forum in my capacity as Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa. I moderated a panel on the Protocol on Nationality and the involvement of civil society in the campaign to ratify the Protocol.
ACTIVITIES CONDUCTED AS
SPECIAL RAPPORTEUR ON REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND MIGRANTS IN AFRICA
I.MEETING TO FINALISE AND LAUNCH THE PLATFORM OF INDEPENDENT EXPERTS ON REFUGEE RIGHTS (PIERR) (22 NOVEMBER 2023), VIRTUAL
15.During this meeting, which was attended by UNHCR representatives from the Geneva office as well as independent experts, the modalities for the launch of the Platform of Independent Experts on Refugee Rights (PIERR) were discussed. The purpose of the PIERR is to better coordinate joint advocacy initiatives that will strengthen the protection and promotion of the human rights of refugees and asylum seekers. The Platform was officially launched on 4 December 2023.
16.The PIERR Platform currently comprises the mandates of the United Nations Special Rapporteurs on the human rights of migrants, on trafficking in persons, especially women and children, the Working Group on Arbitrary Detention, the United Nations Committee against Torture, the Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa of the African Commission on Human and Peoples' Rights and the Rapporteur on the Rights of Migrants of the Inter-American Commission on Human Rights.
17.The Platform is supported by the Office of the United Nations High Commissioner for Human Rights (OHCHR) and the United Nations Refugee Agency (UNHCR).
II.INTERNATIONAL COLLOQUIUM OF THE INSTANCE NATIONALE POUR LA PREVENTION DE LA TORTURE (INPT) (23,24 NOVEMBER 2023), TUNIS, TUNISIA
18.The main theme of the symposium was "Monitoring the detention of people in vulnerable situations", where the emphasis was placed not only on the material conditions of detention but also on the quality of treatment reserved for these people. At the plenary session, I gave a general presentation on the international and African system for protecting migrants, focusing on the vulnerability of these people, particularly when they are in detention. I also gave a second presentation on "Detention in the context of immigration in Africa: the need for a balance between security considerations and respect for human rights".
III.11TH ANNUAL HUMANITARIAN SYMPOSIUM, "ADVANCING EFFECTIVE AND INCLUSIVE HUMANITARIAN ACTION IN AFRICA", (27,28,29 NOVEMBER 2023) NAIROBI, KENYA
19.I took part in this forum in my capacity as Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa. I gave the keynote speech at the opening ceremony and took part in a round table discussion at which I presented a paper on "The state of the Kampala Convention: 14 years on, where do we stand?
20.Lastly, I led a working group tasked with considering how to "combat statelessness". The discussions in this group were intended to give experts and participants the opportunity to develop specific recommendations and practical strategies. All speakers emphasised the urgent need to finalise 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.
IV.8TH EXTRAORDINARY SESSION OF THE SPECIALIZED TECHNICAL COMMITTEE ON JUSTICE AND LEGAL AFFAIRS (CTS) (MEETING OF EXPERTS), (11-13 DECEMBER 2023), ADDIS ABABA, ETHIOPIA,
21.I took part in this meeting, which saw the adoption of the Draft 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, by the experts from the Member States. The meeting also saw the participation of the former Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa, Ms Maya Sahli Fadel, who, in collaboration with the Humanitarian Affairs, Refugees and Displaced Persons Division of the Department of Health, Humanitarian Affairs and Social Development of the African Union Commission, has initiated the process of drafting this protocol since 2014.
22.Following adoption by the experts, the Draft was also validated by the Ministers and finally formally adopted at the 37th Ordinary Summit of Heads of States and Governments of the African Union held from 17 to 18 February 2024 in Addis, Ababa, Ethiopia.
23.We take the opportunity of this report to pay tribute to a person who carried the project of the Protocol for almost 10 years, but who unfortunately left us 7 days before the adoption of the said instrument by the Assembly of Heads of State and Government of the African Union.
24.This is Mr. Nshimba Mpenga Michel, Political Affairs Officer with the Humanitarian Affairs, Refugees and Displaced Persons Division of the Department of Health, Humanitarian Affairs and Social Development of the African Union Commission. Michel oversaw the drafting of the Protocol and worked towards the holding of the last meeting of experts, which led to the adoption of the draft Protocol.
V.MEETING ON THE OCCASION OF INTERNATIONAL MIGRANT'S DAY (18 DECEMBER 2023), VIRTUAL
25.Organised by the Migrant Rights Initiative/Cornell Law School on the theme "Principles for the protection of all migrants: Regional leadership on rights". This meeting was an opportunity to present and advocate for the "African Guiding Principles on the Rights of All Migrants, Refugees and Asylum Seekers", adopted by the ACHPR in May 2023 and officially launched in October 2023.
26.The discussion also focused on another regional initiative dealing with migrants' rights enshrined in the "2019 Inter-American Principles on the Human Rights of All Migrants, Refugees, Stateless Persons and Victims of Human Trafficking", adopted by the Inter-American Commission on Human Rights.
27.An interactive exchange took place between the commissioners and with all the participants, and avenues for collaboration between the two bodies were put forward in the area of migrant protection.
VI.MEETING WITH THE PIEER PLATFORM, (2 FEBRUARY 2024), VIRTUAL
28.The members of PIEER met virtually to discuss the Platform's Terms of Reference, the appointment of the President, and the next steps in the implementation of PIEER's mission.
VII.TRIPARTITE UNHCR/ADHCR/DEPARTMENT OF SOCIAL AFFAIRS OF THE AFRICAN UNION COMMISSION MEETING FOR THE PREPARATION OF A HIGH-LEVEL SIDE EVENT ON THE PROTOCOL ON NATIONALITY AND THE ERADICATION OF STATELESSNESS IN AFRICA, (19 FEBRUARY 2024), VIRTUAL
29.During this meeting, we discussed the modalities of this activity, including the people to be involved, the venue and the dates; it was agreed that further meetings would be held to finalise this project. The aim of the high-level side-event is to officially launch the ratification campaign for the Protocol, in the hope that the States that have committed to ratify it when it was under drafting will deliver on their promise, but also to present the content of the Protocol to the various stakeholders so that they take ownership of it and implement it.
VIII.INTERVIEW WITH RADIO PUBLIQUE AFRICAINE (27 MARCH 2024), VIRTUAL
30.In my capacity as Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa, I was interviewed by a journalist from Radio Publique Africaine, Ms Gakiza Inès, on the situation of Burundian refugees in Tanzania. During the interview, I began by describing the actions taken by our special mechanism under the previous mandate-holder regarding the situation of Burundian refugees, in particular the urgent appeals and press releases sent out to ensure that the rights of Burundian refugees in Tanzania were respected and protected. I went on to outline the main actions that the mandate is currently taking to improve the situation of these people, reminding the two governments of their international and regional commitments in this area, in particular through respect for the principle of non-refoulement and voluntary return.
IX.ROUND TABLE ON THE IMPLEMENTATION OF UNITED NATIONS SECURITY COUNCIL RESOLUTION 1325 (2000) ON THE PARTICIPATION OF WOMEN IN PEACEKEEPING, NATIONAL HUMAN RIGHTS COUNCIL, (6 APRIL 2024), ALGIERS, ALGERIA,
31.This round table was attended by numerous representatives of ministries (Foreign Affairs, Interior, Solidarity), international experts and practitioners, academics, representatives of the IOM, members of the African Union Commission on International Law, the African Committee of Experts on the Rights and Welfare of the Child, and a large number of civil society organisations. We took part in the discussions, which also focused on the role of the AU Peace and Security Council in the implementation of the said resolution, essentially in the context of Agenda 2063.
X.MEETING OF THE PIERR PLATFORM (11 APRIL 2024), VIRTUAL
32.During this meeting, the UNHCR presented an overview of the global protection challenges facing refugees and asylum seekers; the draft PIERR work plan was also discussed.
33.I presented the possible activities that my mandate could carry out in September/October with PIERR.
XI.ONLINE MEETING FOR THE PROMOTION AND DISSEMINATION OF THE AFRICAN GUIDING PRINCIPLES ON THE HUMAN RIGHTS OF ALL MIGRANTS, REFUGEES AND ASYLUM SEEKERS, (12 APRIL 2024), VIRTUAL
34.The meeting was attended by the Director of the Migrant Rights Initiative (Cornell Law School), Mr Ian kysel, Dr Fatma Raach, the experts who drafted the Guiding Principles, Ms Estelle Nkounkou, Legal Adviser at the Secretariat of the ACHPR, and the former Special Rapporteur on Refugees, Asylum Seekers, Displaced Persons and Migrants in Africa of the ACHPR, Pr Maya Sahli Fadel.
35.Discussions focused on the strategies to be put in place to ensure that the Guiding Principles are properly disseminated and appropriated by the various stakeholders. The question of funding for the various activities identified with a view to this dissemination was also discussed and various avenues explored.
XII.MEETING ON THE PROMOTION AND DISSEMINATION OF 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, 6 MAY, 2024, ONLINE
36.The meeting was attended by UNHCR representatives from the Geneva Office and the Addis Ababa Office, Ms Estelle Nkounkou, Legal Adviser to the ACHPR Secretariat.
37.The discussions focused mainly on the following points: Finalisation, translation and publication of the Protocol to the African Charter on the Right to Nationality and the Eradication of Statelessness in Africa; Strategy for promoting ratification of the Protocol; and preparations for the October 2024 High-Level Meeting on Statelessness in Geneva and the involvement of human rights actors in Africa.
PROTECTION ACTIVITIES
I.PRESS RELEASES, URGENT APPEALS AND CONGRATULATORY LETTERS
38.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
-Urgent appeal letter to the State of Libya following the discovery of a mass grave containing more than 65 bodies of migrants in south-west Libya,
-Joint urgent appeal letter for the Republic of Senegal concerning reports of an Internet blackout in the Republic of Senegal,
-Joint urgent appeal letter concerning the prolonged closure of Cheikh Anta Diop University, Dakar, Senegal
-Joint urgent appeal letter for the Republic of Tunisia concerning allegations of kidnapping, smuggling and trafficking in human beings involving sub-Saharan migrants, refugees and asylum seekers in Tunisia,
STATEMENTS AND PRESS RELEASES
-Declaration on the occasion of the commemoration of International Migrants Day, (18 December 2023)
-Press release on the human rights situation in the Republic of Senegal following the postponement of the presidential election to 15 December 2024, (14 February 2024)
-Joint press release on the DRC, Press release on the situation of internally displaced persons in the east of the Democratic Republic of Congo, particularly in the towns of Sake and Goma, (16 February 2024)
-Press release on the adoption 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 (1 March 2024)
-Press release on the death of migrants off the north coast of the Republic of Senegal (1 March 2024)
-Joint press release on the situation of forcibly displaced persons in the Republic of Sudan and certain neighboring countries (8 March 2024)
-Press release on the discovery of a mass grave containing at least 65 bodies of migrants in Libya (27 March 2024)
-Joint press release on the death of nearly 40 migrants off the coast of the Republic of Djibouti, (26 April 2024)
-Joint press release, with the United Nations Multiple Mechanisms, in the framework of the PIERR Platform[ Platform of Independent Experts on Refugee Rights (PIERR).], on the detention of migrant children. (2 May 2024)
CONGRATULATIONS LETTERS
-Letter of congratulations on the occasion of the presidential elections in the Republic of Senegal,
II.OTHER PROTECTION ACTIVITIES
-Contribution to the 56th thematic report of the United Nations Special Rapporteur on the Rights of Migrants, entitled "Re-examining the contributions of migrants from a human rights-based approach: a discussion on facilitating and impeding factors".
By sending information on the actions carried out by the mandate at the African regional level, and the latest developments, in particular the adoption and publication of the African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers, the first regional document dealing with the human rights of migrants.
-Registration of a Pledge (commitment by the ACHPR) on the economic inclusion of refugees and asylum seekers at the Global Forum on Refugees held in Geneva from 13-15 December 2023[ https://globalcompactrefugees.org/pledges- contributions?_gl=1*8m3kpo*_rup_ga*MTI2NTE1NDg0NC4xNzA4NzA4MTE3*_rup_ga_EVDQTJ4LMY*MTcxNTA5MTQzNC4xNC4wLjE3MTUwOTE0MzQuNjAuMC4w],
The commitment aims to implement two of the four objectives of the Global Compact for Refugees (GCR), namely objective 1: alleviate pressure on refugee-hosting countries and objective 2: empower refugees.
Fulfilment of the commitment will also in part facilitate the achievement of goal 4 of the GPR, concerning conditions in countries of origin to enable return in safety and dignity, as the inclusion of refugees will promote their empowerment and reintegration after repatriation.
STATE OF RATIFICATION OF THE AFRICAN UNION CONVENTION ON THE PROTECTION AND ASSISTANCE TO DISPLACED PERSONS IN AFRICA
39.During this intersessional period, no new ratifications were recorded concerning the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention).
40.To date, thirty-three (33) countries have ratified it. They are:
-Angola, Benin, Burkina Faso, Cameroon, Central African Republic, Chad, Congo, Côte d'Ivoire, Democratic Republic of Congo, Djibouti, Equatorial Guinea, Ethiopia, Gabon, Gambia, Guinea Bissau, Lesotho, Liberia, Mali, Malawi, Mauritania, Mozambique, Nigeria, Niger, Rwanda, Sierra Leone, South Sudan, Somalia, Togo, Uganda, Zambia and Zimbabwe.
41.Eleven (11) countries have only signed it, namely:
-Burundi, Comoros, Eritrea, Ghana, Guinea-Conakry, Madagascar, Namibia, Senegal, Sao Tome and Principe, Tanzania, and Tunisia.
42.Eleven (11) countries have still neither signed nor ratified it. These are:
-Algeria, Botswana, Cape Verde, Egypt, Kenya, Libya, Mauritius, South Africa, the Kingdom of Morocco, Seychelles and Sudan.
43.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.
INTRODUCTION TO 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
44.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.
45.The Protocol represents a historic moment and a major legal advancement for Africa, which now has a binding instrument ensuring the promotion, protection and respect of the right to a nationality of every individual, a fundamental condition for the protection and effective exercise of all other human rights (establishment of identity papers, education, health, employment, social protection, etc.), education, health, employment, social protection, political rights (voting/election) and, on the other hand, the prevention and eradication of statelessness, which is contrary to the respect for the right to inherent dignity of the human person and recognition of legal personality.
46.Prior to 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.
47.The existence of national laws on nationality has not completely filled the legal gap 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.
48.While it is undeniable that this Protocol will make a major contribution to the African Charter on Human and Peoples' Rights, consolidate its normative framework and remedy its shortcomings in the areas of nationality and statelessness, the fact remains that solving the problems in practice will require continental ratification and effective and efficient implementation of the provisions of the Protocol.
49.Article 27 of the Protocol requires 15 ratifications for its entry into force. We would like to invite all 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.
50.Good practices already exist at RECs level, these include the commitment already made by the Member States of the Economic Communitý 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).
51.We also reiterate our calls to the AU Commission, UNHCR, civil society organisations, and all other partners, to provide their support and contribution in order to carry out genuine advocacy in the ratification campaign.
ANALYSIS OF THE HUMAN RIGHTS SITUATION IN THE COUNTRIES SUPERVISED AS COUNTRY RAPPORTEUR
LIBYA, NIGER, SENEGAL AND TUNISIA.
LIBYA
52.The political situation in Libya has seen very limited progress. The stagnation of the political process, combined with the deterioration of the economy, means that Libya remains trapped in a deep crisis since the postponement of national elections, initially scheduled for December 2021. The resignation of the UN envoy for Libya, Abdoulaye Bathily, last April, is further evidence of the failure of reconciliation efforts in Libya.
53.On the security front, the situation in southern Libya remains worrying because of the crises in Sudan and the vast Sahel region.
54.With regard to the humanitarian and human rights situation, enforced disappearances, arbitrary arrests and detentions are still reported throughout Libya, fuelling a climate of fear that undermines freedom of expression, assembly and association. In some cases, victims have reportedly been subjected to various forms of ill-treatment, including torture and extrajudicial executions.
55.Migrants, refugees and asylum seekers continue to live in precarious conditions, with very limited access to their human rights, particularly due to the increase in their numbers since the start of the conflict in Sudan in April 2023, or following expulsions from Tunisia in particular. More Sudanese refugees have arrived in Koufra via the country's southern border, most of them coming directly from Sudan or via Chad, while a minority have travelled via Egypt.
56.We reiterate our call on the African Union to redouble its assistance to Libya for a return to peace and lasting stability.
NIGER
57.Niger faces significant challenges due to regional instability originating in neighbouring countries such as Mali, Burkina Faso and Nigeria, as well as the activities of armed groups and cross-border crime in the regions of Tillaberi, Maradi, Diffa and Tahoua.
58.The security crisis affecting Niger and its neighbours has led to a significant number of people fleeing attacks by non-state armed groups (NSAGs) in search of safety and assistance.
59.Niger hosts more than 800,000 displaced persons, including refugees, asylum seekers and internally displaced persons. These movements exacerbate the pressure on already limited resources and also have an impact on non-displaced populations. This year's floods have also had serious consequences, with more than 150,000 people affected.[ https://www.unocha.org/publications/report/niger/niger-apercu-des-besoi…]
60.In addition, the political crisis that has been raging since the military coup of 26 July 2023, combined with the economic sanctions against Niger and the consequences of climate change, have increased the risks in terms of protecting populations, and humanitarian needs continue to grow in Niger.[ https://news.un.org/fr/story/2024/01/1142452,
]
61.On another note, following the military coup, the National Council for the Safeguard of the Homeland suspended the constitutional order and issued Order No. 2023-01 of 28 July 2023, dissolving all constitutional bodies. The Council also issued Order 2023-02 of 28 July 2023, creating new institutions and replacing the National Human Rights Commission (CNDH) with another body, the National Observatory for Human Rights and Fundamental Freedoms, whose composition, remit and operation are determined by the Head of State. This institution has apparently still not been set up.
62.We recommend that Niger re-establish a comprehensive national human rights institution capable of carrying out its mandate autonomously.
63.We encourage the African Union to continue its efforts to negotiate with the current regime in order to ensure that the people of Niger enjoy their rights as guaranteed by the African Charter on Human and Peoples' Rights.
64.Niger has also repealed the law of 26 May 2015 on the smuggling of migrants in Niger, a veritable hub to Europe via Algeria and Libya, making certain migration-related activities regular. The repeal of the law has led to a resurgence in migrant smuggling, particularly in the city of Agadez in northern Niger, under the guidance of people smugglers. During their migratory journeys, migrants are confronted with numerous obstacles and often find themselves in situations where their human rights are violated: arrest and detention, human smuggling and trafficking, risk of refoulement and expulsion, etc.
SENEGAL
65.Senegal experienced a particularly serious democratic crisis following President Macky Sall's announcement to postpone the presidential election last December. This was followed by various measures taken by the Senegalese Government that impeded the full enjoyment by individuals of some of their fundamental rights and freedoms guaranteed by the African Charter on Human and Peoples' Rights and other international and regional human rights instruments to which the Republic of Senegal is a party.
66.The Senegalese Government has suspended the Internet, and peaceful demonstrations have been repressed by the forces of law and order, with abusive use of tear gas. Many demonstrators were questioned and arrested, including journalists. Allegations of the death of three demonstrators during this period have also been reported (one in Dakar, one in Saint Louis, in the north of the country, and another in Ziguinchor, in the south).
67.Fortunately, this crisis came to an end with the holding of democratic elections on 24 March 2024, the results of which were accepted by the political class as a whole, and which led to the accession to the supreme magistracy of the opposition leader Mr Bassirou Diomaye Faye.
68.We congratulate the Senegalese people and all political and social actors for their dignified and responsible attitude, which attests to the deep-rootedness of democratic traditions, and we wish Senegal every success in regaining its position as a beacon of respect for democracy and human rights on the African scene.
TUNISIA
69.The crackdown on political dissidents, opponents, journalists, lawyers and human rights activists continues in Tunisia. The arrest of lawyer Sonia Dahmani and activists working to protect the rights of sub-Saharan migrants at the beginning of May are concrete examples.
70.The increasing number of arrests and the abusive use of prolonged preventive detention against these people often undermines the independence of the judiciary, which can affect the rights of the accused to a fair trial, including the presumption of innocence.
71.The migration issue in Tunisia also remains problematic and the situation of sub-Saharan migrants continues to give cause for concern. While it is worth highlighting the efforts made by the Tunisian Government in the campaign for the voluntary return and reintegration of almost 2,500 irregular migrants in their countries of origin, carried out since the beginning of 2024 and organised by IOM Tunisia, refoulements and collective expulsions are still being carried out, even though they have decreased. In some cases, sub-Saharan migrants continue to be subjected to a discriminatory discourse that is often hostile to them, as well as violations of their human rights, in particular with the multiplication of new forms of violence such as kidnappings, sequestrations sometimes accompanied by torture and inhuman treatment, with a view to demanding ransoms from their families, committed by criminal gangs made up of sub-Saharans and Tunisians.
72.We invite the Tunisian authorities to take the necessary measures to put an end to collective expulsions and to protect the human rights of all migrants by ensuring respect for their human dignity.
ANALYSIS OF THE SITUATION OF REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND MIGRANTS DURING THE INTERSESSIONAL PERIOD
73.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. The number of forcibly displaced persons (which includes internally displaced persons (IDPs), asylum seekers and refugees) is constantly increasing according to international and regional agencies (IOM, UNHCR, OCHA, etc.).
74.During their displacement, these people suffer numerous violations of their human rights, in particular abductions, arbitrary executions, extortion, gender-based violence, as well as precarious living conditions in the formal and informal sites where they are received.
75.The increase in epidemics in camps for internally displaced persons or refugees, particularly the resurgence of cholera, the risks of disease transmission - due to poor sanitary conditions and the lack of drinking water - and the high number of people likely to suffer from famine and acute malnutrition requiring life-saving treatment is a very worrying situation.
76.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, particularly for children.
77.The general situation of these vulnerable people is all the more alarming as the funding of humanitarian responses and aid for refugees, asylum seekers and other displaced people continues to suffer from restrictions due to the limitation of funding for aid and assistance programmes, while the humanitarian emergency continues to grow in many African countries, such as Sudan, South Sudan, the Democratic Republic of Congo, Somalia, Ethiopia.
REFUGEES
78.The situation of refugees and asylum seekers in Africa remains worrying and is likely to worsen further following the adoption of certain political decisions, in particular the Agreement between Rwanda and the United Kingdom on the transfer of asylum seekers to Rwanda.
79.According to the UNHCR, South Sudan remains the largest refugee crisis in Africa. While the war in neighbouring Sudan has forced nearly 200,000 South Sudanese to resettle in safer areas within Sudan and hundreds of thousands more to return home prematurely, nearly 2 million people remain in need of international protection in the region.[ https://news.un.org/fr/story/2024/03/1144456] On average, more than 1,800 people are still arriving in South Sudan every day, increasing the pressure on overburdened infrastructures and exacerbating the vast humanitarian needs.
80.In Uganda, home to the largest refugee camp on the continent, with 1.6 million people mainly from South Sudan and the Democratic Republic of Congo, the reception of refugees is now threatened by increasing financial restrictions. Last year, Uganda took in 30,000 Sudanese refugees, including more than 14,000 since the beginning of 2024.
81.Le Tchad a connu le plus grand afflux de réfugiés de son histoire, et plus de 150.000 personnes restent dans les zones frontalières, dans des conditions de surpeuplement et d'insalubrité, en grande partie à cause d'un manque de financement.
82.In the Central African Republic in March alone, more than 2,200 people arrived from Sudan in hard-to-reach areas where logistical problems are hampering the delivery of humanitarian aid.
83.The number of Sudanese registered with the UNHCR in Egypt has increased fivefold over the past year, with a daily average of 2,000 to 3,000 refugees and asylum seekers from Sudan.[ https://news.un.org/fr/story/2024/04/1144696,]
84.Ethiopia, which already hosts one of the largest refugee populations on the African continent (nearly 1 million), is also reporting new refugee arrivals, recently exceeding 50,000, from Somalia, Eritrea, South Sudan and Sudan, exacerbating the serious humanitarian and food crisis that the country is experiencing, largely as a result of climate change and the conflict in the Tigray region.
85.According to the UNHCR[ https://reliefweb.int/report/niger/niger-refugee-emergency-response-3-m…, ], there are more than 400,000 refugees and asylum seekers in Niger. The population of refugees and asylum seekers represents an increase of 5% compared to 2023. The 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
INTERNALLY DISPLACED PERSONS
86.According to the latest statistics, the number of internally displaced people has reached an all-time high of more than 76 million worldwide, half of them in sub-Saharan African countries. This is mainly due to conflicts, multi-faceted violence and natural disasters caused by climate change. The situation is all the more worrying in that people who are already displaced are often forced to move several times because of continuing fighting or natural disasters.
87.In January 2024, Sudan became the country hosting the most internally displaced people in the world, with almost 10 million people in total,[ https://reliefweb.int/report/sudan/record-mondial-de-deplaces-internes-…] a record for a single country. The majority of the displaced are women and children, but there are also elderly people, people with disabilities and people with health problems.
88.In the Democratic Republic of the Congo, the number of internally displaced people has risen to almost 7 million at the start of 2024, with more than 150,000 people displaced since 2 February, more than half of them children, in the provinces of Ituri, North Kivu, South Kivu and Tanganyika, in the east of the country.[ https://www.unocha.org/publications/report/democratic-republic-congo/fo…] The continuing fighting between the Congolese army and the armed group A 23, and its intensification, including the use of heavy weapons in populated areas, have led thousands of people and entire communities in the Masisi and Rutshuru territories to flee to other, safer regions on the outskirts of Goma. The situation is all the more alarming because the vast majority of the displaced are vulnerable people: war-wounded, lost and unaccompanied children, often separated from their parents as they flee, pregnant women, the elderly, etc.
89.In addition to the many human rights violations to which they are subjected: abductions, arbitrary executions, extortion, gender-based violence, etc., IDPs live in precarious conditions in the formal and informal IDP sites in the east of the DRC, leading to an increase in cases of cholera, mainly among children, and the risk of disease transmission due to poor sanitary conditions. A large number of these people are likely to suffer from acute malnutrition in 2024, requiring life-saving treatment.
90.In Mozambique, in addition to the impacts of climate change, more than 110,000 people have been forcibly displaced in the districts of Macomia, Chiure, Mecufi, Mocimboa da Praia and Muidumbe since the end of last year due to the resurgence of attacks by non-state armed groups in the province of Cabo Delgado, which has been in conflict since 2017.[ https://www.iom.int/fr/news/plus-de-110-000-personnes-deplacees-au-moza…,] Nearly 90% of the displaced are women, people with disabilities and the elderly. More than half of the newly displaced are children.[ https://www.unhcr.org/fr/actualites/points-de-presse/la-crise-humanitai…;
91.The humanitarian crisis in Cabo Delgado is worsening due to the lack of funding, which is hampering the humanitarian response.
92.In February 2024, there were 522,231[ https://dtm.iom.int/fr/reports/afrique-de-louest-et-du-centre-tableau-d…] displaced persons in the Central African Republic, i.e. 13% of the displaced population, mainly due to the security situation caused by multiple attacks on villages by armed groups and clashes between the Central African Armed Forces (FACA) and armed factions.
INTERNAL DISPLACEMENT AND CLIMATE CHANGE
93.Climate-related forced internal displacement is also on the rise. Africa is very vulnerable to climate change, even though it only contributes around 4% of global greenhouse gas emissions.
94.East Africa has experienced torrential rain as a result of the El Nino phenomenon, which has caused flooding resulting in the deaths of nearly 170 people in Tanzania in the first half of April and more than 200 others in Kenya in May. This led to population movements, with almost 210,000 people displaced in Kenya and Tanzania.
95.In Burundi, torrential rains followed by flooding, exacerbated by the El Nino weather phenomenon, have been virtually uninterrupted since last September, and more than 100,000 people have been forced to move.
MIGRANTS
96.The situation of migrants in Africa remains critical and is likely to deteriorate as a result of certain political decisions such as the Agreement between Tunisia and the European Union or Egypt and the European Union to combat illegal immigration, or other decisions taken by certain African States.
97.Structural factors continue to drive up migration rates within and outside Africa, and although it is a vital source of labour for host countries, irregular migration continues to present risks.
98.Generally speaking, at the beginning of 2024 we are witnessing an upsurge in irregular migratory flows and the use of the most precarious and dangerous migratory routes. During their migratory journeys, migrants are exposed to various abuses committed by smugglers and traffickers, such as human trafficking, migrant smuggling and other forms of transnational organised crime.
99.Niger has repealed the law of 26 May 2015 on migrant smuggling in Niger. This repeal has allowed migrant smuggling to return with a vengeance, particularly in the city of Agadez in northern Niger, under the guidance of smugglers. During their migratory journeys, migrants are confronted with numerous obstacles and often find themselves in situations where their human rights are violated: arrest and detention, human smuggling and trafficking, risk of refoulement and expulsion, etc.
100.With regard to good practice, in 2023 Senegal adopted a national strategy to combat irregular migration (SNLMI) and its operational action plan to reduce irregular migration by 2033, based essentially on education and training, job creation, protection of human rights and the fight against exploitation.
101.South Africa has published a white paper on the overhaul of the immigration system in 2023, which proposes, among other things, the introduction of a "trusted employer" system (qualified employers can avoid lengthy and costly administrative requirements), an electronic system for study, business and transfer visas, a national identification and registration system, and the creation of one-stop shops to manage the movement of people and goods at land borders.
MISSING MIGRANTS
102.In Africa, irregular migration takes place along three main routes: the Eastern route, the Southern route and the Mediterranean/Atlantic route to Europe. Most of these routes are the deadliest and most complex migration routes in Africa and the world, with increased risks of disappearance.
103.During this intersessional period, the disappearance of migrants in various circumstances has continued, with already more than 400 deaths in the first quarter of 2024, due in particular to the resurgence of irregular migratory flows and the use of the most precarious and dangerous migratory routes[ https://missingmigrants.iom.int/fr/donnees,]. In fact, there have been almost 40,000 deaths and disappearances recorded on all African routes since 2014. The annual number of recorded migrant deaths has also been rising in recent years, with estimates of more than 4,000 in 2023.
104.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 conflict, deteriorating socio-economic and political conditions, climate change, and to develop regular channels for legal migration, and that migration management policies and practices be based on respect for the human rights of all migrants.
RECOMMENDATIONS
105.I wish to reiterate the recommendations made in my predecessor's previous reports, some of which are still relevant, and to which some 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;
-Adopt Resolution ACHPR/RES. 486 (EXT.OS/ XXXI1I) 2021 on missing migrants and refugees in Africa and the consequences for their families, and Resolution CADHP/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 all their human rights, including their economic and social rights and certain freedoms within the framework of national laws;
-Respect the principles of the Geneva Conventions and those of the OAU on the protection of refugees, which advocate 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, so that it can enter into force as soon as possible.
-Strengthen assistance to States receiving large numbers of asylum seekers or refugees.
-Put an end to the detention of migrants simply on the basis of their migratory status, and replace it, wherever possible, with alternatives to detention that are more humane and respect migrants' dignity.
b)TO ALL MEMBER STATES OF THE AFRICAN UNION:
-Ratify the Protocol to the Treaty establishing the African Economic Community relating to 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;
-Implement the objectives set out in the 2018 Global Compact on Refugees;
-Become more involved in preventing the forced displacement of populations both inside and outside their countries, whatever the cause of the displacement (armed conflict, climate change, major development projects, natural disasters, etc.); and provide protection to people when prevention has failed;
-For those who have not yet done so, speed up the process of ratifying the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention); and for those who have ratified it, operationalise its provisions through policies and programmes in favour of internally displaced persons and report to the Commission in their periodic reports in accordance with Article 14 paragraph 4 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 raised by the impact of climate change on the forced displacement of populations on our continent;
-Take measures to ensure that xenophobic crimes against refugees, migrants and asylum seekers are effectively punished and provide victims with legal 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 displacements that give rise to refugees, internally displaced persons and migrants.
-Accelerate the operationalisation of the African Humanitarian Agency by providing it with a substantial fund and real means of action so that it can effectively deal with the various humanitarian situations in Africa.
-Adopt a common African position on the issue of missing migrants.
d)TO THE OFFICE OF THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES AND OTHER UN AGENCIES AND INTERNATIONAL ORGANISATIONS, WE RECOMMEND THAT:
-Work upstream with States to find durable solutions to the situation of refugees and asylum seekers as well as internally displaced persons, particularly long-term refugees;
-Continue to support our Mechanism in the implementation of its mandate;
-Strengthen collaboration 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 and also the implementation of the recommendations of 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.
e)TO CIVIL SOCIETY ACTORS AND OTHER PARTNERS, WE RECOMMEND TO:
-Put in place strategies 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;
-Continue their work in the field to keep us informed about the situation of refugees, asylum seekers, internally displaced persons and migrants;
-To provide their support and assistance to the Special Rapporteur so that she can carry out her mandate properly.
-To the ICRC, to continue to work 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 consequences for their families.
f)TO THE THAT THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS, WE RECOMMEND TO:
-Continue its efforts in the promotion and protection of refugees, asylum seekers, internally displaced persons and migrants and become involved in the implementation of the commitment it made at the World Refugee Forum in December 2023;
106.In conclusion, we would like to express our sincere thanks to all the States, our partners, particularly the African Union Commission, the ICRC, the UNHCR and the IOM and all the civil society organisations for the constant support given to our Mechanism.
Thank you for your kind attention.
