Tag Archives: Asylum Seekers

TRES/009/4/12: Resolution on the Rights of Refugees, Asylum Seekers, Migrants and Displaced Persons

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We, participants of the Forum on the Participation of NGOs in the 51st Ordinary Session of the African Commission on Human and Peoples’ Rights held in Banjul from 14-16 April, 2012;

Recalling the resolution on the rights of refugees, asylum seekers, migrants and displaced persons adopted by the African NGO Forum in Banjul October 21, 2011 and submitted to the African Commission on Human Rights and Peoples;

Deeply concerned by the recent mass arrests targeting hundreds of sub-Saharan  nationals, including women and children in the cities of Nouakchott and Nouadhibou by Mauritanian security forces, their detention and their collective deportation towards the borders with Mali and Senegal;

Deeply concerned by the increase, since last fall, of violent roundups, robbery leading in some cases to killings of sub-Saharan nationals, including refugees, asylum seekers, unaccompanied minors and pregnant women in major cities of Morocco and the region of Nador and Oujda and mass-expulsion towards the Algerian border;

Deeply concerned by the situation of 200 000 Malians who fled their country, in particular the lack of assistance to states where these refugees are located;

Deeply concerned by the proliferation of detention centers for migrants in many African countries;

Deeply concerned by increasingly restrictive asylum policies resulting in unreasonable length of asylum request processing time and the very low number of refugee status given in particularly in Senegal and South Africa;

Deeply concerned by the lack of access to justice and legal assistance;

Condemn the numerous violations of human rights protected under the African Charter on Human and Peoples’ committed in the course of these events, including the principle of non-discrimination (Article 2), the right to respect for life and physical and moral integrity of the person (Article 4); the prohibition of torture and cruel, inhuman or degrading treatment (Article 5); the prohibition of arbitrary arrest and detention (Article 6); the right to a fair trial and the right to seize the competent national authorities (Article 7); the right to free movement (Article 12.1); asylum (Article. 13), the principle of due process in deportation proceedings (Article 12.4); the prohibition of collective expulsion of aliens (Article 12.5);

And finally we reiterate our request to see the resolution on the rights of refugees, asylum seekers, migrants and displaced persons of above 21 October 2001 adopted by the African Commission on Human Rights and Peoples.

Done in Banjul – 16 April 2012

Recommendation on Internally Displaced Persons, Refugees, Asylum Seekers and Migrants

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We, participants of the Forum on the Participation of NGOs in the Work of the African Commission on Human and Peoples’ Rights,

Considering that the situation of Migrants, Refugees, Asylum Seekers and Internally Displaced Persons in Africa are increasingly more often than not caused by political, social and economic reason;

Noting that the evolving changes in the causes of displacements in Africa are potential threats to further displacement, most especially, the effects of climate change, which has exacerbated the problem of displacement;

Noting that flooding and drought have affected more than 20 million people in East Africa in the last year;

Noting the increase in IDP populations in Africa, which is host to about three (3) million refugees and 13 million IDPs;

Noting that repatriation of refugees as well as resettlement and naturalization of smaller numbers of refugees has contributed to the decrease of refugees;

Noting the increasing violations of the human rights of migrants crossing the North African states to Europe and the Middle East;  implementing bilateral agreements between some European and Middle Eastern countries to prevent the entry of migrants.

Noting that contestation over citizenship and identity has emerged as a root cause of displacement in place such as the situation of Kinyarwanda speakers in the Democratic Republic of Congo (DRC) and the continued prohibition of dual nationality, has fuelled continued conflict, as is the case in a number of other African countries;

Applaud the recent use of naturalization by the Tanzanian government to mitigate this state of affairs with the recent announcement that more than 100,000 long staying Burundian refugees have been granted nationality;

Urge the government of Tanzania to ensure that this move successfully promotes their integration by speedily making available the necessary documentation to protect the rights of its new citizens;

Hereby recommend to the African Commission to:

  • progressively work in collaboration with State parties to solve the issue pertaining to IDPs, Refugee, asylum seekers, migrants and stateless persons in Africa and to urge States to embark on political reform and fully respect the principles of good governance, the rule of law and popular participation in the decision making process for the benefit of African citizens;
  • Urge States to ensure equitable distribution of national wealth, reduce poverty and implement sound sustainable development strategies to help mitigate the effects of climate change;
  • Urge State parties to speedily ratify and implement the African Convention on Protection and Assistance to the Internally Displaced Persons in Africa (Kampala Convention) as adopted by the African Union Summit of Heads of States and Government on 23rd October 2009, and the Protocols of the International Conference of the Great Lakes region on the protection of IDPs and on the Property Rights of Returning Persons;
  • Encourage The Special Rapporteur on Internally Displaced Persons and Refugees and Migrants to conduct a fact-finding mission to the following countries: Egypt, Libya, Niger, Mauritania, DRC, South Africa, Tunisia, Equatorial Guinea to assess the situation of illegal migrants, refugees and Internally Displaced Persons related to xenophobia and discrimination and to ensure that host states comply with the 1969 OAU Convention;
  • Call on African states to respect their local and international obligations on migrants, refugees, asylum seekers as well as IDPs;
  • Commence a process of standard setting on citizenship and nationality in Africa as a long term measure to reduce State abuses of African citizens to guarantee the enjoyment of the rights guaranteed under the African Charter of Human and People’s Rights.

 

Done at Banjul, May 10th, 2010

Recommendation on Refugees and Internally Displaced Persons

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We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,

Urge the African Union to:

  • Continue efforts to bring peace to the Darfur region of Sudan, including calling for full deployment of the hybrid forces to protect civilians and calling for all parties to participate seriously in the peace talks to be held in Doha;
  • Call on The government of South Sudan to improve conditions for returning IDPs and refugees;
  • Give special consideration to the situation of the Mbororo people in Cameroun, Chad, the Central African Republic and the DRC;
  • Give special consideration to protection of women, who are at increased risk of sexual violence while living in refugee, IDP camps;
  • Adopt the IDPs Convention;
  • Review and propose solutions to the challenges faced by Mauritanian deportees.

Request the:

  • Special Rapportuer on Refugees and Internally displaced persons to endeavour to
    visit current and past conflict areas to assess the situation of IDPs, refugees and
    asylum seekers.

Call on the African Commission to:

  • Call on the South Africa government to grant asylum to all Zimbabweans seeking
    asylum in South Africa, whether it be for economic or political reasons;
  • Call on the South African government to declare a moratorium on the deportation of Zimbabwean asylum seekers, whether un/documented until a transitional authority is in place in Zimbabwe.

 

Done in Abuja, November 9th, 2008

Recommendation on South Africa

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We, the participants to the Forum on the Participation of NGOs in the 44th Ordinary Session of the African Commission on Human and Peoples’ Rights held in Abuja, Federal Republic of Nigeria from 7th to 9th November, 2008,

Call on the South African government to grant asylum to all Zimbabweans seeking
asylum in SA, whether it be for economic or political reasons. Public order has been
destroyed in Zimbabwe. Applications for asylum have been denied based on the powersharing deal signed between opposition parties in Zimbabwe. The department of Home affairs is of the opinion that there is peace in Zimbabwe since the power sharing deal
has been signed.

Call on the South African government to declare a moratorium on the deportation of
Zimbabwean asylum seekers, whether undocumented until a transitional authority is in
place in Zimbabwe.

Call on the South African Government to develop and implement an integrated
programme of action that addresses xenophobia in collaboration with civil society and
non-governmental organisations.

Call on the South African government to ratify OPCAT.

 

Done in Abuja, November 9th, 2008

Resolution on Refugees and Internally Displaced Persons in Africa

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We, the participants of the Forum of NGOs participating at the 37th Ordinary Session of the African Commission on Human and Peoples’ Rights and the 11th African Human Rights Book Fair, held in Banjul, The Gambia, from April 27 to May 11, 2005,

Having reviewed the dramatic situation of refugees and internally displaced persons in Africa;

Concerned with the persistent conflicts in many African countries such as Cote d’Ivoire, Sudan, and in some Great Lakes countries;

Draw the attention of the international community on the programmed elimination of the right of asylum in the world, particularly in the developed countries;

Aware of the need to mobilize resources to give assistance to internally displaced persons and refugees in Africa, more particularly in Darfur;

Rise up against restrictive practices and policies against African asylum seekers in the world and transit and readmission agreements whose only aim is to confine refugees and asylum seekers to Africa, in violation of the relevant legal instruments;

Aware that the protection of refugees and internally displaced persons must follow the changes taking place on the continent and the reforms initiated by HCR since the international consultations on the Geneva Convention of 1951;

Welcome once again the appointment by ACHPR of the Special Rapporteur on refugees and internally displaced persons;

Express our total willingness to collaborate with the new Special Rapporteur and urge the States and NGOs to do the same;

Recommend to:

African Commission on Human and Peoples’ Rights

  • To monitor the decisions and resolutions already taken by ACHPR on refugees and internally displaced persons;
  • To provide the Special Rapporteur with adequate resources to fulfill his mission.

Special Rapporteur

  • To play the role of facilitator of dialogue between the Commission, the States concerned and the refugees, with a view to resolving the problems of refugees through sustainable solutions such as the voluntary repatriation in their countries of origin.

Member States of ACHPR

  • To pay particular attention to the protection of economic, social and cultural rights of refugees;
  • To ensure strict respect of the 1951 Convention and the OAU Convention of 1969 within the framework of the agreements signed with the developed countries;
  • To formulate national legislations and establish National Commissions for assessing the qualifications to the status of refugees.

NGOs

  • We recommend that they provide the Special Rapporteur with the information and reports he needs to carry out his mandate.

Done at Banjul, 26 April, 2005

Recommendation on the Situation of Refugees in Africa

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The Forum on NGO Participation at the Ordinary Session of the ACHPR recommends:

That the Commission:

  • consolidates the African mechanisms for the prevention of conflicts;
  • promotes the avenue of peaceful resolution to conflicts which lead to the forced displacement of populations;
  • ensures the prompt implementation of  the memorandum of agreement between the ACHPR and HRC;
  • invites the NGOs concerned to contribute to the implementation of the objectives of the process;
  • organises a conference of  concerned parties in order to discuss the mandate and prerogatives of the focal point.

That the States:

  • reinforce the protection and free movement of asylum seekers and refugees through the proper enforcement of those national and international legal instruments geared towards optimum protection of human Rights;
  • provide safe havens for the displaced  population, for their ease of access to humanitarian assistance and restrict the risk of influx from neighbouring countries;
  • involve the authorities and communities in the handling of refugees and development programmes and  conflict  prevention in the  allocated zones;
  • to vigilantly ensure that the refugee camps do not serve as tactical withdrawal or  recruitment bases for armed groups and remain civilian bases.

 

Done in Banjul, May 20th, 2004

Recommendations from the Working Group on Refugees

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To States:

To improve the protection of Refugees, asylum seekers and displaced persons by implementing in a practical and effective manner, all international,  regional and  domestic legal instruments.

To the African Commission on Human and Peoples’ Rights:

a)      To implement as soon as possible, the Memorandum of Understanding between the African Commission and the UNHCR;

b)      To invite relevant NGOs to contribute to this implementation process in a meaningful manner.