Resolution on the Commitment of the African Commission on Human and Peoples' Rights to Support States in the Search for Lasting Solutions to Reduce and End Forced Displacement of People and its Consequences in Africa

Resolution on the Commitment of the African Commission on Human and Peoples' Rights to Support States in the Search for Lasting Solutions to Reduce and End Forced Displacement of People and its Consequences in Africa - ACHPR/Res.568 (LXXVII) 2023

 Nov 09, 2023
    
The African Commission on Human and Peoples' Rights (the Commission), meeting in its 77th Ordinary Session held from 20 October to 9 November 2023 in Arusha, United Republic of Tanzania;

Recalling its mandate to promote and protect human and peoples' rights in Africa, under Article 45 of the African Charter on Human and Peoples' Rights (African Charter); 

Considering that the African Charter guarantees freedom of movement and freedom to choose one's residence to every individual within a State, and recognizes that when a person is persecuted, he has the right to seek and obtain asylum in other States, in accordance with the respective legislation of the said States and international law;

Considering further the adoption and entry into force of the 1951 Convention relating to the Status of Refugees, its 1967 Protocol and the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa;

Considering the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness; 

Recalling the adoption and entry into force of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention, 2009), as well as the United Nations Guiding Principles on Internal Displacement (1998);

Considering also the provisions of the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees;

Considering the African Union's Migration Policy Framework and Plan of Action (2018 - 2030), which provides African States and Regional Economic Communities with guidelines and principles for protecting migrants and guaranteeing their rights;

Reaffirming the African Common Position (ACP) on Humanitarian Effectiveness, which calls for specific measures to be taken to integrate humanitarian needs and displacement issues into national and local development plans;

Recalling its General Comment No. 5 on the African Charter on Human and Peoples' Rights: the right to freedom of movement and residence (Article 12 (1)); 

Recalling Resolution ACHPR/RES.72 (XXXVI) 04 appointing the Special Rapporteur on Refugees, Asylum Seekers and Displaced Persons in Africa and defining his mandate, as well as Resolution ACHPR/RES.95 (XXXIX) 06 extending the mandate of the Special Rapporteur to cover issues relating to migrants;

Further considering Resolutions ACHHP/RES. 484 (EXT.OS/ XXXI1I) 2021 on respect for the principle of non-refoulement of asylum seekers and refugees, ACHPR/RES. 486 (EXT.OS/ XXXI1I) 2021 on missing migrants and refugees in Africa and the consequences for their families, ACHPR/RES. 491 (LXIX)2021 on climate change and forced displacement in Africa, ACHPR/RES.513(LXX)2022 on the protection of camps and sites of displaced persons against attacks, ACHPR/RES. 565 (LXXVI) 23 on the inclusion of refugees, asylum seekers, internally displaced persons and stateless persons in national socio-economic systems, services and economic opportunities in Africa;

Taking into account the increase in the number of people forcibly displaced by a combination of conflicts and crises, political violence, climate change, socio-economic situations and food insecurity in Africa;

Recalling that three quarters of forcibly displaced persons are in Africa, including long-term refugees, and that their condition is an obstacle to the eradication of statelessness;

Emphasizing that the vision, aspirations, objectives and priority areas of Agenda 2063 "The Africa We Want" cannot be achieved without taking into account forcibly displaced persons and stateless persons; and that Agenda 2063 provides, in particular, for a high standard of living and quality of life, good health and well-being for the people of Africa;

Welcoming the adoption of the African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers;

The Commission:
1.Undertakes through its various mechanisms, in particular the mandate of the Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa, to:
i.Encourage States Parties to make a firm commitment to tackling and ending all the root causes of forced displacement of people in Africa;
ii.Seek and propose, together with the States Parties: the most appropriate lasting solutions to assist those facing long-term forced population displacement, in particular by strengthening the autonomy, respect and protection of the rights of refugees, asylum-seekers, internally displaced persons and migrants; solutions for the fair sharing of the burden and responsibilities of hosting refugees, migrants and forcibly displaced persons. 

2.Mandates its Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa to coordinate the Commission's efforts to achieve its various objectives by:

i.Presenting a formal commitment from the Commission to assist States in providing protection to forcibly displaced persons in Africa, at the World Forums, while working with the various stakeholders to implement this commitment;
ii.Monitoring the implementation by States of the ACHPR decisions on the issue of refugees and asylum seekers, internally displaced persons and migrants, and developments in their situation, in particular by monitoring violations against these categories of persons and by carrying out visits to camps and settlement centres;
iii.Ensuring that the various stakeholders respect and implement the African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers;
iv.Following the implementation of lasting solutions through the resettlement, integration and voluntary return of refugees, asylum seekers, internally displaced persons and stateless persons, while ensuring their inclusion in national socio-economic systems, services and economic opportunities in Africa, in accordance with Resolution ACHPR/RES. 565 (LXXVI) 23; 
v.Following the implementation of Resolution ACHPR/RES. 565 (LXXVI) 23, in particular through the consideration of States' Periodic Reports and the activity reports of National Human Rights Institutions (NHRIs) and civil society organisations.

Done at Arusha, 9 November 2023.