We, the participants of the NGO Forum preceding the 54th Ordinary Session of the African Commission on Human and Peoples’ Rights (ACHPR) and the 28th African Human Rights Book Fair held from 18th – 20th October, 2013 in Banjul, The Gambia
Concerned by the repeated tragedies at the borders of Europe, which, in 2013, caused the death of hundreds of migrants and asylum seekers;
Recalling that in the past two decades, over 20,000 migrants, essentially originating from African countries, have lost their lives while attempting to reach Europe’s southern borders from the other side of the Mediterranean;
Recalling that the majority of those fleeing by boats are entitled to international protection;
Concerned by increased securitization of refugee management policies by African states where strict encampment policy are being considered or implemented and further concerned by the European Union’s security-based migration policies that have forced migrants and asylum seekers to take increasingly dangerous routes, putting their lives at risk;
Denouncing the refoulement of migrants intercepted in the sea and bought back to their country of departure/origin/transit against their will, in violation of international law and reaffirming the necessity to respect the principle of non refoulement including in territorial and international seas;
Concerned by the increasing xenophobic practices and attitudes that stigmatise migrants, particularly concerned by rising situations of migrants, asylum seekers and refugees facing arbitrary arrest, extortion, illegal detention and inhuman and degrading treatments in many African countries, including, Libya, South Africa and Kenya;
Reaffirming that everyone has the right to seek asylum and to freedom of movement and to leave any country, including his or her own, and to return to his or her country voluntarily;
Recalling the obligations of States under international human rights law, humanitarian law and refugee law, in particular with regard to the principle of non-refoulement;
Reaffirming the obligation of States and organizations that have ships patrolling in the Mediterranean sea, under international human rights law, humanitarian law and refugee law, and international maritime law, to rescue sinking vessels fleeing from the North of Africa;
Recalling provisions of the African Charter on Human and Peoples’ Rights, the 1969 Organisation of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa, the United Nations Convention relating to the Status of Refugees of 1951 and the Protocol thereto of 1967, the International Convention on the protection of the rights of all migrant workers and members of their families;
Recalling the resolution A/HRC/17/L.13, on the situation of migrants and asylum-seekers fleeing recent events in North Africa, adopted by the United Nations Human Rights Council, at its 17th session,
Recalling the ACHPR resolution 131, 2008, on the situation of migrants in South Africa;
Calls on the ACHPR Special Rapporteur on refugees, asylum-seekers, migrants and IDPs to pay particular attention to the situation of migrants fleeing by sea, and who are denied assistance or rescue when approaching the countries of destination or asylum and to report regularly to the ACHPR on this situation.
Done in Banjul, The Gambia on 20th October, 2013