The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 70th Ordinary Session held virtually from 23 February to 9 March 2022, is following with interest the humanitarian situation in Ukraine and its negative consequences on Africans (diaspora) currently on its territory
Taking into account the relevant provisions of the African Charter on Human and Peoples’ Rights (the Charter), particularly its Articles 1, 30, 45, 60 and 61, as well as Resolution Assembly/AU/Res.1(XVIII) adopted by the Assembly of Heads of State and Government on the Diaspora, the Commission is deeply concerned about the allegations of ill-treatment and segregation suffered by Africans in accessing the various means of transport available on Ukrainian territory for purposes of exiting the territory. It deeply regrets the refusal and restrictions they face at various border crossings during their attempts to flee the fighting and seek refuge in safe neighbouring countries.
The Commission recalls the importance of adhering to the fundamental principles of international human rights law, international humanitarian law and refugee law, which enshrine respect for the inherent dignity of the human person, the principle of non-refoulement and the prohibition of all forms of discrimination and cruel, inhuman or degrading treatment.
The Commission calls on States Parties to the Charter to combine efforts and take all appropriate measures, including diplomatic measures, to evacuate and repatriate their nationals under dignified conditions.
In this regard, it commends those States that have already undertaken humanitarian missions for the evacuation of their nationals and urges them to broaden their intervention framework to include nationals of other countries, in accordance with the principle of solidarity and the African values protected by the Charter.
Finally, the Commission calls on the International Community and international institutions working with the Commission within the scope of the above-mentioned Article 45, to support States Parties to the Charter in providing better protection and assistance to Africans wishing to move away from the war zone.
