INTERSESSION REPORT
By
Ms. Maya Sahli-Fadel
Commissioner, Vice- President of the African Commission on Human and Peoples
' Rights &
Rapporteur Special on Refugees , Applicants asylum , people Displaced People and Migrants in Africa
October 2023
INTRODUCTION
This report provides an account , under Rule 64 of the Rules of Procedure , of internal affairs of the African Commission on Human and Peoples ' Rights (the Commission), activities for the promotion and protection of human rights companies during the period intersession , since the 75th Ordinary Session of the Commission held in hybrid from May 3 to 23, 2023.
The report includes the activities carried out in OUR as vice- president of the commission and commissioner, member of the commission.
Then we will present the activities carried out under the mandate given to us entrusted in OUR quality of Rapporteur Special on Refugees , Applicants asylum , people Displaced Persons and Migrants in Africa. This mechanism was provided to us entrusted by Resolution ACHPR/ Res.203 (L) 11 of the African Commission whose mandate was renewed under Resolutions ACHPR/Res.246 (LIV) 2013, ACHPR/Res.318(LVII) 2015, ACHPR/Res . 379(LXI) 2017, ACHPR/Res.450 (LXVI) 2020 and ACHPR/Res.525 (LXXIII) 2022.
The report includes also the status of the ratification of the Union Convention African Convention on the Protection and Assistance of Persons internally displaced persons , analysis of the human rights situation in the countries for which we are responsible, the situation of refugees , asylum seekers asylum , people internally displaced persons and migrants, as well as statelessness in Africa.
It closes with recommendations formulated to the various stakeholders .
ACTIVITIES CARRIED OUT AS VICE-PRESIDENT AND COMMISSIONER, MEMBER OF THE COMMISSION
I. Participation in meetings of the bodies deliberators of the Union African , ( July 13-16, 2023 Nairobi Kenya)
1. I took part in the various meetings of the political bodies of the Union African Union (AU) which were held in in person and in virtual mode as follows:
-46th Ordinary Session of the Permanent Representatives Committee (PRC)
-43rd Ordinary Session of the Executive Council -5th
Biannual Coordination Meeting between the Union African , Communities economic regional and the Mechanisms regional
2. On the sidelines of the Summit we have also took part in a press conference with others members of the Delegation which focused on the general human rights situation in Africa, followed interview individual members of the Delegation .
3. I have also took part in the signing of the Protocols agreement between the Commission and Parliament Pan-African (PAP), the Economic , Social and Cultural Council (ECOSOCC) and the Committee African of experts on the rights and welfare of the child (ACERWC) who have took place on the sidelines of the Summit.
Private Ordinary Session ( July 19 to August 2 , 2023), virtual , zoom
4. During this session , the Commission examined and adopted a number of documents; details of this session are contained in the final communiqué adopted . dated August 2, 2023 , marking the end of the work of said session.
III.Participation in the Forum on NGO Participation in the 77th Ordinary Session of the African Commission on Human and Peoples ' Rights (16-18 October 2023, Arusha, Tanzania )
I took part in the NGO Forum as a member of the Bureau and Rapporteur Special on refugees , applicants asylum seekers , internally displaced persons and migrants in Africa . this In fact , I have delivered the speech opening of the Forum on behalf of the President of the African Commission who was not available. I also took part in the panel on “ Communities discriminated against on the basis of work and ancestry in Africa: Confronting racism , xenophobia and discrimination against migrants in Africa.
PROTECTION ACTIVITIES
I. Press releases, appeals urgent and congratulatory letter
7. As part of the implementation work of the protection mandate which is given to me devolved as Country Rapporteur and Rapporteur Special on refugees , applicants asylum seekers , people internally displaced persons and migrants in Africa, I have carried out the following actions :
8. In my capacity as Rapporteur special I took the following actions :
Urgent call
-Joint letter urgent appeal regarding aggression alleged African migrants in Tunisia with Commissioners Janet Ramatoulie Sallah-Njie, Rapporteur Special Rapporteur on Women's Rights in Africa and Commissioner Maria Teresa Manuela special report on prisons, detention conditions and action policewoman in Africa.
Statement and Press Release
-Press release on floods in Libya ;
-Press release on the expulsion of refugees and asylum seekers asylum Burkinabe by Ghana;
-Press release on the expulsion of sub-Saharan migrants in the Libyan desert ; -Press
release on the human rights situation in Senegal .
ACTIVITIES CARRIED OUT AS
SPECIAL RAPPORTEUR ON REFUGEES, ASYLUM SEEKERS, INTERNALLY DISPLACED PERSONS AND MIGRANTS IN AFRICA
I. Conference ICGLR-UNHCR expert meeting on the eradication of statelessness and access to identity documentation legal in the Great Lakes region ( July 25-27 ; Nairobi, Kenya)
9. I took part in this conference at the invitation of the Office of the United Nations High Commissioner for Refugees for the Great Lakes Region . The conference had three objectives main things to know:
-Objective 1: Take stock of progress accomplished relating to the GRF's commitments in statelessness and contribute to the formulation of new commitments.
-Objective 2: Strengthen regional knowledge sharing on the eradication of statelessness through a peer - learning forum focusing on good practices in the identification of stateless persons and persons threatened of statelessness , the reduction of statelessness in situ, and the prevention of cases of statelessness in the future
- Objective 3: Strengthen the catalytic role of the ICGLR Secretariat in assisting its 12 Member States , with the support of UNHCR, in accordance with the ICGLR legal and policy framework , to promote identity documents legal , to eradicate statelessness and to promote comprehensive durable solutions for refugees , including in protracted situations in the Great Lakes region .
10. The conference also summer the opportunity to launch the study , entitled " Generation Refugees in generation : prevent statelessness through durable solutions in the Great Lakes region ". This study highlights highlight the risks statelessness for refugees having spent more than 20 years outside their country of origin , in particular for their descendants born in exile .
11. I intervened to put in highlights the need to reduce situations of statelessness in situ, in putting focus on risks of statelessness among children and long-term refugees in the region and the importance of addressing this , through access ease of documentation of civil status and nationality for these people . I have also seized the opportunity to recall the importance of finalizing the text of the ACHPR Protocol on the specific aspects of the right to nationality and the eradication of statelessness in Africa, in integrating standards progressive and responsive to needs specific to the continent and in recalling the need to adopt the protocol on the right to nationality and the eradication of statelessness in Africa during the year 2023 .
II.2nd meeting on the study on the impact of the application of the law on the human rights of applicants asylum , refugees and migrants ( August 2, 2023, virtual )
12. This second meeting aimed to collect contributions from experts to improve the study project in view of his next submission to the ACHPR for review , in collecting relevant guidelines for the finalization of the study .
13. The meeting was attended by various stakeholders who brought their objective contributions to the project .
14. I have chaired this meeting in concert with Commissioner Maria Teresa Manuela with whom we are working on this project of study .
III. Day international people 's rights Missing : High- Level Dialogue on Missing Migrants in Africa ( August 30, 2023 Addis Ababa, Ethiopia / Hybrid )
15. Jointly organized by the Commission of the European Union African Union and the International Committee of the Red Cross with the support of the Swiss Embassy in Addis Ababa, this high- level dialogue focused on the theme : “ Addressing the issue of missing migrants in Africa: From politics to action .
16. The meeting was attended by stakeholders from various backgrounds such as the permanent representatives of States in Addis Ababa (COREP), including the ambassadors of Niger, Djibouti and Tunisia , international organizations as UNECA , and UNHCR, as well as members of civil society. The President of the Committee technical special on migration, refugees and people internally displaced persons , the chairman of the COREP subcommittee on refugees , returnees and displaced persons internally displaced persons as well as the Commissioner for Health , Humanitarian Affairs and Social Development of the AUC, HE Amb . Minata Samaté Cessouma who was represented .
17. During this dialogue I have presented the contents of resolution ACHPR/RES. 486 (EXT.OS/XXXI1I) 2021 on migrants and refugees missing in Africa and the consequences on their families , adopted by the African Commission on Human and Peoples ' Rights during its 33rd private ordinary session held from July 12 to 19, 2021.
IV. Workshop on statelessness and steering meeting on the draft protocol to the Charter African Conference on the Right to Nationality and the Eradication of Statelessness in Africa (September 4-5, 2023, Cape Town, South Africa)
18. Organized at the initiative of the Department of Humanitarian Affairs , Health and Social Development in collaboration with the office of the Counselor Legal Affairs of the AUC and the United Nations High Commissioner for Refugees . This workshop was attended by representatives of the States of the Committee specialized in refugees , returnees and internally displaced persons , of the Committee of experts African Commission on the Rights and Welfare of the Child , African on international law and experts and focal points statelessness .
19. The objectives assigned to this meeting wore mainly on:
-Strengthening the capacities of AU organs and personnel on the issue of the right to nationality and the eradication of statelessness . -Identifying
priority issues that should be addressed to the Specialized Technical Committee on Legal Affairs and Justice during its next meeting scheduled to be held in November 2023 , in order to facilitate the adoption of the protocol by the decision-making bodies of the AU .
- Develop a roadmap on advocacy and awareness raising on the protocol by a campaign State on the need for its adoption
- Discuss and examine the corrections of the States members from the CTS Justice meeting , held in December 2022.
20.During the meeting many representatives admitted that the issue of nationality and the eradication of statelessness constitutes a priority for the AU , because millions of people and generations are waiting for decades that this issue be taken up by the States , in order to be able to give a legal existence to stateless persons and that they may enjoy all their rights.
21. Presentations by the various speakers highlighted an analysis of the provisions on which the draft protocol continues to divide States and the role essential role that the AU authorities must play in putting an end to statelessness , in part of the “I Belong” Campaign 2014-2024 initiated by the UNHCR and of which the year 2024 should be the year progress assessment accomplished in the eradication of statelessness .
V. Meeting Theme on the Separation of Families and Individuals disappeared in the context of migration: prevention , research and reunification ( September 20-21 , 2023, Geneva, Switzerland)
22. This meeting was co- chaired by Switzerland and Gambia; and it echoes the priorities of Area 3 of the Cadiz Action Plan 2023-2027 on International Protection and Asylum , more specifically its objective 5b “ Promote actions aimed at respecting the dignity and human rights of migrants and people having need for protection." This was the first meeting thematic organized on this thematic within the framework of the Dialogue relating to the Rabat process; and it saw the participation of a hundred participants, coming from 31 European and African countries .
23. The meeting aimed to :
- Bring together the partner countries and organizations of the Rabat Process for a discussion on possible avenues concrete collaboration in the prevention and resolution of separation cases family and missing migrants ;
- Discuss cooperation mechanisms at national and transnational levels as well as good practices to prevent the disappearance of migrants , find missing migrants and cooperate with families remained in the country. Emphasis was placed on the procedures for determining the interest superior of unaccompanied minors Or separated .
24.This in view to exchange good practices , experiences and recommendations on the prevention and resolution of separation cases family and missing migrants ; but also to identify the measures concrete than partner countries can take to ensure follow-up effective implementation of existing commitments ; and learning more on the role and activities of the ICRC
Central Tracing Agency . 25. At the end of the meeting several recommendations have summer formulated including recommendations cross-cutting , others on the prevention of the disappearance of migrants, concerning the search and identification of missing migrants , support and information for the families of missing migrants and finally on the care of unaccompanied and separated migrant children .
VI. Symposium on the role of civil society in strengthening citizenship ( October 7 , 2023, Algiers, Algeria )
26. At the invitation of the National Observatory on Civil Society (Algiers), a national consultation was held organized in order to take stock of what civil society can do contribute to the strengthening of citizenship .
27. Several workshops have been held succeeded on various themes , namely an analysis of legal frameworks national and international , the need to strengthen the capacities and know-how of civil society organizations, as well as the issue of financing civil society activities .
28. The role of civil society in sustainable development through inclusive and participatory processes , partnerships and the role regional and international of Algerian civil society .
29. Of the many recommendations have follow up these workshops and will do the subject of a final report addressed to the authorities concerned .
VII. Meeting virtual on the project of setting up a platform of experts Independent Refugee Rights Panels (PIERR) ( October 13, 2023, virtual )
30. This first meeting virtual at the initiative of the UNHCR Geneva brought together several regions in the world for to speak out on issues relating to the context in which refugees and others are increasingly subject to procedures of expulsion .
VIII. Workshop on Women's Rights in Africa ( October 19-21 , 2023, Arusha, Tanzania )
31. I took part in this workshop organized by the Institute Pan-African Conference on International Law at the invitation of the members of this institution. I spoke on the issue of women's socio- economic rights and empowerment women's economic .
32. The workshop as part of the celebration of the 20th anniversary of the Maputo Protocol, brought together a sixty participants representing state institutions , NHRIs and women 's civil society organizations.
IX. Event parallel on gender- based violence ( October 19 , 2023, Arusha, Tanzania )
33. Organized by a Consortium of NGOs working on the refugee issue in East Africa and the Horn of Africa , the workshop highlighted highlighting the gender- based violence experienced by refugee women , internally displaced women and those in communities reception areas . Following the various interventions, it was noted that many countries in the region are not investing in addressing this situation through strong legislation or national programs condemning and punishing the manifestations of this violence. As well as listening to the victims remains the sole responsibility of civil society.
STATUS OF RATIFICATION OF THE AFRICAN UNION CONVENTION FOR THE PROTECTION AND ASSISTANCE OF INTERNALLY DISPLACED PERSONS IN AFRICA
34. During this intersession no new ratifications have summer save concerning the Convention of the Union African Convention on the Protection and Assistance of Persons displaced in Africa (Kampala Convention).
35.To date , thirty -three (33) countries have it ratified to date these are the Republics of:
-Angola, Benin, Burkina Faso, Cameroon, Congo, Ivory Coast, Djibouti, Eswatini, Ethiopia , Gabon, Gambia, Guinea Bissau, Guinea Equatorial , Lesotho, Liberia, Mali, Malawi, Mauritania , Mozambique, Nigeria , Niger, Rwanda, Sahrawi Arab Democratic Republic , Republic Central African Republic Democratic Republic of the Congo, Sierra Leone, South Sudan, Somalia , Chad, Togo, Uganda , Zambia and Zimbabwe.
36. Fifteen (11) countries that have it only signed , namely :
-Burundi, Comoros , Eritrea , Ghana, Guinea -Conakry, Madagascar, Namibia , Senegal , Sao Tome and Principe, Tanzania , and Tunisia .
37. Eleven (11) countries do not have it always neither signed neither ratified . This is of :
- Algeria , Botswana, Cape Verde, Egypt , Kenya, Libya , Mauritius , South Africa , the Kingdom of Morocco, Seychelles and Sudan.
38. We wish to emphasize that at to date, only the Republic of Cameroon has submitted its initial report under Article 14 (4) of the Kampala Convention
ANALYSIS OF THE HUMAN RIGHTS SITUATION IN THE COUNTRIES SUPERVISED AS COUNTRY RAPPORTEUR:
LIBYA, MAURITANIA, NIGER, SENEGAL AND TUNISIA
Libya
39. In Libya the security situation compromises efforts to establish an environment safe conducive to holding elections national .
40. The fate of migrants at the border Tunisian-Libyan , remains a concern constant while taking act of agreement concluded between the two countries to resettle hundreds of between them .
41. The passage of cyclone Daniel in eastern Libya , which caused floods murderers , which affected several regions of eastern Libya where cities have summer completely submerged by the rains torrential in particular , the city coastal area of Derna, a consequence of the storm Mediterranean .
42. The very heavy toll reporting more than 5,500 deaths and 10,000 people disappeared , has accompanied by damage materials important .
43. We had asked the States Africans to mobilize urgently , in order to accompany the state Libyan in the needs assessment humanitarian and respond to vulnerabilities caused by change climate in this state
44. We ask also to the Union African Union to redouble its assistance to Libya for the return to peace and lasting stability .
Mauritania
45. The draft law on the fight against violence against women and girls has not been adopted despite the government 's promises . This bill East in waiting since 2012. FGM continues to be practiced , especially in rural areas, and violence is in perpetual increase.
46. The example of gang rape of a woman which took place in the town of Tiguent halfway between Nouakchott and Rosso recalls the legal vacuum in Mauritania Or the adoption of laws against sexist violence are slow to see the light of day.
47. We encourage Mauritania to take the measures necessary to accelerate the adoption of this law in order to guarantee a real protection for Mauritanian women .
48.As stated in our previous report a authorisation of a promotional and monitoring visit by the authorities Mauritanian had summer granted to our mandate , for this year , but this one has not could be done during this intersession because the State requested its postponement until the last quarter of this year . We hope that the mission will come to fruition before the end of this year
Niger
49. Heavy economic and financial sanctions imposed in Niger following the July 2023 coup that overthrew the president elected , Mohamed Bazoum , both by the Community Economic Community of West African States ( ECOWAS ) and other international bodies , has undermined the country's economic situation and weighs considerably on households. Indeed , various disruptions have summer observed in the chain supply in products essentials train a increase considerable increase in the prices of basic necessities .
50. On the security front there are more than 210 people killed in attacks terrorists in Niger since the putsch of General Abdourahamane Tiani on July 26 ; including members of the armed forces ; following attacks by jihadists .
51. We ask the Union African Union and ECOWAS to continue efforts to negotiate with the regime in place to ensure that the Nigerien populations enjoy their rights as guaranteed by the Charter African Union on Human and Peoples ' Rights and to put in place the institutions provided for by the Transitional Constitution .
Senegal
52. In Senegal the situation remains still volatile with incarceration of Ousmane Sonko and the dissolution of the main opposition party, the Patriots Africans from Senegal for work; ethics and fraternity (PASTEF).
53. This incarceration was preceded of an interruption of the internet and the various demonstrations having caused many victims .
54. The situation in Senegal remains relatively calm but there are fears that further disruptions will occur as the elections approach presidential elections planned to be held in February 2024.
55. The Commission calls on the authorities Senegalese at work in with a view to preserving political and security stability and respecting the rights of all Senegalese to freedom of expression and access to information , as well as the right to participate freely to conduct the country's
public affairs . Tunisia
56.Tunisia has illustrated with collective expulsions of migrants without any assistance in a dangerous area at the border Tunisian-Libyan , including pregnant women and children.
57. There is also an increase in the repression of people dissidents and freedom of expression , as well as persons pursued uniquely because of their peaceful political activities and the exercise of their rights.
58. For two years , Tunisia knows a regression concerning human rights . The guarantees in matters of independence of justice have summer dismantled and judges and prosecutors have been the target of revocations arbitrary , prosecutions criminal in nature politics. Lawyers are prosecuted for having exercised their tasks professionals and their right to freedom of expression . It should also be noted a increased executive interference in the system judicial characterized notably not attacks targeting lawyers, undermining Thus strongly the right to a trial fairness and public confidence in the integrity of the system judicial .
59. We ask the authorities Tunisians to take measures urgent to end collective expulsions and protect the human rights of all migrants and to guarantee the enjoyment and protection of the rights of all Tunisians .
ANALYSIS OF THE SITUATION OF REFUGEES, ASYLUM SEEKERS, DISPLACED PERSONS AND MIGRANTS DURING THE INTERSESSION PERIOD
60. The combination of conflict , political violence, change climate and insecurity eating causes the displacement forced many people in several African countries . The number of people forcibly displaced persons ( which includes persons internally displaced persons (IDPs), applicants asylum and refugees ) exceeded 100 million worldwide in May 2022. According to forecasts by the United Nations Refugee Agency (UNHCR), there will be 44 million people displaced in sub-Saharan Africa in 2023 and Africa accommodates three-quarters of new internal displacements .
East Africa , the Horn of Africa and the Great Lakes region , 19.2 million people had fled their homes at the end of 2021 due to violence, droughts and floods related to change climate . The region knows its worse drought for 40 years after five rainy seasons consecutive failed , and probably a sixth in 2023. In November 2022, the drought had displaced 1.8 million people .
62. In Southern Africa , 10.1 million people are displaced due to climate - related disasters , drought , economic pressures and insecurity . The long-standing conflict in Republic Democratic Republic of Congo (DRC) has had five million internally displaced persons and one million refugees . Malawi is experiencing a serious shortage food shortages due to poverty and climatic conditions extremes . In Mozambique, nearly a million people have summer internally displaced due to insurgency and climate change - related disasters climate .
63. In West and Central Africa, violent extremism , political instability , clashes intercommunity for dwindling resources and change climate have led to the displacement of 12.7 million people . The people crisis displaced people in Burkina Faso are among the fastest growing in the world. The worst floods in the country's history have displaced 1.3 million people who stormed displacement camps , while floods have also affected parts of Chad, Niger, Burkina Faso, Mali and Cameroon. One in four Central Africans has been moved in 2022 due to insecurity extended .
64. Despite this catastrophic picture of a large part of Africa , financing of responses humanitarian and refugee aid , are experiencing unprecedented shortages . In Africa, service providers are forced to reduce food rations , water as well as hygiene kits . This contrasts with the funding of Ukraine 's appeals for aid , and the excitement this has caused . This calls into question highlight the need for States Africans to take their responsibilities and to make the motto of African solutions to problems Africans a reality .
Refugees 65.
More than 4.6 million people have fled Sudan with the war raging there between the armed forces Sudanese Armed Forces (SAF) and Support Forces fast (FSR). The number of people having The number of people who fled the fighting in Sudan is around 1.04 million and requires special attention from the community international .
66. In Malawi; despite multiple reservations formulated by the State upon ratification of the 1951 United Nations Refugee Convention and a refugee law quite restrictive, the State had committed to the Comprehensive Refugee Response Framework (CRRF) in 2016 and, at the Global Refugee Forum in December 2019, he committed to integrating refugee issues into its national development agenda, reforming its legal and policy framework , and supporting refugee autonomy in increasing livelihood activities . Through these commitments and the implementation artwork Subsequent to the CRRF, approximately 8,000 refugees and applicants asylum have summer allowed to leave the Dzaleka refugee camp , with most resettling in urban areas of Lilongwe and other regions of the country after having received permits government specials .
67. However , in 2021, the government issued a directive for refugees residents and carrying out activities outside the Dzaleka camp return there , even if it means proceeding with resettlement forced refugees into the camp. This situation has resulted in multiple human rights violations , including rape, theft and loss of property , extortion, burglaries , detentions illegal of children and women in prisons, and extraditions and deportations illegal
68. This constitutes a Malawi's regression in protecting refugee rights , then that he was well underway in the implementation work of local integration as a solution to the situation of long-term refugees .
Internally
displaced persons 69. Internal displacement is a phenomenon global . However , almost three-quarters of people displaced live in only 10 countries of which 4 are located In Africa these are [Syria, Afghanistan , the Democratic Republic of Congo (DRC), Ukraine , Colombia , Ethiopia , Yemen , Nigeria, Somalia , and Sudan. https://www.internal-displacement.org/sites/default/files/2023-08/IDMC_…
] : the Democratic Republic of Congo (DRC), Ethiopia , Nigeria, Somalia , and Sudan.
70. In many countries, disasters and conflicts have superimposed during the year 2022 , prolonging the situation of people displaced within their country, and moving some for the second Or third times . In countries such as Madagascar and South Sudan, consecutive disasters have forced populations to flee repeatedly , compromising their recovery and extending their shift .
71. More than 43,000 people have summer displaced by floods murderers who have devastated Eastern Libya .
72. The situation of internally displaced persons in Republic Democratic Republic of Congo (DRC) remains unchanged and needs humanitarian aid continues to grow . As of July 31, 2023 , there were more than 2.17 million people internally displaced people in North Kivu and 1.26 million people returned to North Kivu. An estimated 6.1 million people are Currently internally displaced persons in the DRC , or a 17% increase compared to October 2022.
73. In Sudan there are more than 4.6 million people displaced since the beginning of the fighting and this risks to increase .
Change climate and travel
74. Travel forced climate - related are also in increase , the number of people displaced due to natural disasters has almost tripled to 7 million during this year . This is part of an increasing trend constant number of people displaced due to natural disasters in Africa since 2014. [ https://reliefweb.int/report/world/plus-de-40-million-de-personnes-dep…
]
75. In the past, travel forced due to climate impacts tended to be more temporary than displacements due to conflicts . Most people affected by a natural disaster were in able to return home a once the threat has passed. But this situation has changed these latest years . Since 2019, around 2 million people were not able to return after the natural disaster due to the persistence of these threats which are mainly floods , followed by drought and storms .
Migrants
76. The issue of migration is always current affairs , particularly the protection of their rights, in effect of the stigmatization of which East victim this category of people n / A has continued to grow over the years establishing the status of migrant at the same level level than that of criminal . Migration is a natural thing, intrinsic to being human , civilizations have developed thanks to her , moreover one of the most powerful nations, the United States of America East a nation composed basically to immigrate and their descendants. Also it is quite difficult to understand Why an action that is as old as the world and necessary for its balance either demonized to this extent.
77. In Africa, migration or the movement of populations is a tradition that is part of all cultures without exception. Following the various crises that known the continent in this domain , various answers have summer provided , including legal frameworks to control and secure it . In this regard, we conducted a study on the responses African countries on migration and the protection of migrants' rights and develop Guiding Principles Africans relating to the human rights of all migrants, refugees and asylum seekers asylum which we hope will constitute basic instruments for the protection of migrants' rights in the future .
78. Regarding the issue of missing migrants , it is important for States to address the fate of these latter and the impact on their families , in putting in place national structures dedicated to the research and identification of these last .
Statelessness
79. We congratulate Congo Brazzaville, which has just finalized the process of accession to the two conventions on statelessness , in particular the 1954 Convention relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness of statelessness . By this Congo acts , undertakes to guarantee and facilitate the registration of all births on the national territory . Congo has nearly six million inhabitants , and the 2018 census had permit to identify approximately 200,000 people in a risky situation of statelessness .
80. We congratulate also the Republic Central African for having finalize and adopt a national plan to eradicate statelessness in Republic Central African by 2024, as well as Rwanda for the establishment of a system efficient and effective recording of documents, including registration of births and marriages and recognition of status legal of persons displaced and their families as well as the inclusion of the question on statelessness in the national population and housing census . [Document - Overview on Implementation Status of GRF Statelessness Pledges in the Great Lakes Region - July 2023 (unhcr.org)]
81. We welcome the government 's decision Kenyan to grant citizenship to members of the Pemba community . This decision has materialized by a ceremony of handing over identity cards , birth certificates and passports to members of the community who have lived in the country for decades years by Kenya as of July 28 , 2023 in Kilifi in presence of President HE William Ruto.
82. The situation of stateless persons remains precarious and it is imperative that States Africans remedy this as quickly as possible , by adopting the Protocol on the specific aspects of nationality in Africa and the eradication of statelessness by the political bodies of the Union African is more than urgent .
RECOMMENDATIONS
83. The States must engage in the implementation implementation of effective solutions for long -term refugees as local integration and put in implementation of projects concrete in the framework of good governance of migration such as the implementation effective implementation of the free movement of persons through the full ratification of the Protocol to the Treaty establishing the Community Economic African relating to the free movement of persons , the right of residence and the right of establishment , as soon as possible deadlines . They must also take measures to deal with displacement induced by change climate .
84. We want also invite States to commit to ending statelessness because no one should be deprived of his dignity of human being by a simple lack of papers attesting to his legal existence .
85.At this indeed , I would like reiterated the recommendations formulated during my previous reports and the majority of which are always current affairs , to which are added some news recommendations notably :
a)A the place of States Parties to the Charter African :
To appropriate and put in implements the Guiding Principles Africans relating to the human rights of all migrants, refugees and asylum seekers Appropriate
Resolution ACHPR/RES. 486 (EXT.OS/XXXI1I) 2021 on migrants and refugees missing in Africa and the consequences on their families and ACHPR/Res.565 (LXXVI) 2023 on the inclusion of refugees , applicants asylum , internally displaced persons and stateless persons in socio- economic systems national , services and opportunities economic in Africa
Ensure that refugees may enjoy economic and social rights and certain freedoms within the framework of the laws national ;
Respect the principles of the Geneva Conventions and the OAU which advocate the principle of non-refoulement;
Finalize the adoption of the Protocol on Specific Aspects of Nationality in Africa and the eradication of statelessness at the next session of the Specialized Technical Committee on Justice and Legal Affairs of the Union African .
Strengthen assistance given to States receiving a number high number of applicants asylum or refugees .
End the detention of migrants based on their Status migratory .
To all States members
Ratify the Protocol to the Treaty establishing the Community Economic African relating to the free movement of persons , the right of residence and the right of establishment ,
To those who have not yet done so to ratify the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa;
To implement the objectives enshrined in the Covenant World Refugee Day ;
Get Involved more in the prevention of displacement forced populations inside as outside their countries , whatever the origin of the displacement ( conflicts armed , changes climate , major development projects , natural disasters , etc.); and to protect them when prevention has failed ;
For those who have not yet done so , to accelerate the process of ratifying the Union Convention African Convention on the Protection and Assistance of Persons displaced in Africa; and for those who have it ratified ,
Operationalize the provisions of the Kampala Convention through policies and programs in favor of people internally displaced persons and report them in their periodic reports in accordance with Article 14 paragraph 4 of the Convention;
Engage in the implementation work of the Pact global for safe , orderly and regular migration ;
Working towards taking measures in view to answer effectively to the challenges raised the impact of change climate on travel forced populations on our continent;
Take measures to ensure that crimes of a xenophobic against migrants and asylum seekers asylum be Effectively sanctioned .
b)To the Union African , we recommend to:
Take action in order to facilitate and finalize the process of adopting the draft Protocol to the Charter African Commission on Human and Peoples ' Rights on the Specific Aspects of the Right to Nationality and the Eradication of Statelessness in Africa.
Engage States in the resolution perennial conflicts existing in order to to address the causes of displacement forced providers of refugees , internally displaced persons and migrants.
Put in artwork the Agency Humanitarian African by providing it with a substantial fund so that it may effectively take charge of the various humanitarian situations in Africa
Adopt a common African position on the issue of missing migrants .
(c)To the United Nations High Commissioner for Refugees and others agencies UN and international organizations , we recommend of :
To work in upstream with the States in order to find solutions regarding the situation of refugees and applicants asylum as well as internally displaced persons , and in particular long -term refugees ;
Continue their support to the mechanism in the execution of its mandate ;
Strengthen collaboration with the African Commission on Human and Peoples ' Rights on issues of interest common ;
Continue to support us in advocating for the eradication of statelessness in Africa and also the implementation implementation of the recommendations of resolution ACHPR/Res.565 (LXXVI) 2023 on the inclusion of refugees , applicants asylum , internally displaced persons and stateless persons in socio- economic systems national , services and opportunities economic in Africa.
d )To civil society actors and others partners , we recommend to:
Continue advocacy in view to the ratification of the Kampala Convention;
Continue and intensify advocacy for the adoption of the Draft Protocol on Nationality and the Eradication of Statelessness ;
Continue their action on the ground to keep us informed on the situation of refugees , asylum seekers asylum , internally displaced persons and migrants;
Provide their support and assistance to the Rapporteur special in order to what may to pay off properly fulfilling its mandate .
The ICRC to continue working with States and the mandate on the effective implementation of Resolution ACHPR/RES. 486 (EXT.OS/XXXI1I) 2021 on migrants and refugees missing in Africa and the consequences on their families .
e) To the African Commission on Human and Peoples ' Rights , we recommend :
Continue efforts in the promotion and protection of people refugees , applicants asylum ; internally displaced persons and migrants and to get involved in the campaign eradication of statelessness launched by the United Nations High Commissioner for Refugees (UNHCR) for the decade 2014-2024;
86. To conclude , we would like to express our lively thanks to all the States , our partners , particularly the Commission of the Union African Union , the ICRC, the UNHCR and the IOM and all civil society organizations for the constant support provided to our mechanism .
I you thanks