ACHPR African Commission on Human & Peoples' Rights
Human Rights our Collective Responsibility
African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers
African Union
Funded by:
African Commission on Human and Peoples’ Rights
African Guiding Principles on the Human Rights of All Migrants, Refugees and Asylum Seekers
April 2023
| FOREWORD | 5 |
|---|---|
| EXPLANATORY NOTES | 8 |
| PREAMBLE | 9 |
| PART 1: PURPOSE & DEFINITIONS | 14 |
| PRINCIPLE 1 – PURPOSE | 14 |
| PRINCIPLE 2 – DEFINITIONS | 14 |
| PART 2: GENERAL PRINCIPLES | 16 |
| PRINCIPLE 3 – EQUALITY AND NON-DISCRIMINATION | 16 |
| PRINCIPLE 4 – RIGHT TO LIFE | 16 |
| PRINCIPLE 5 – HUMAN DIGNITY | 17 |
| PRINCIPLE 6 – TORTURE AND OTHER FORMS OF ILL-TREATMENT | 17 |
| PRINCIPLE 7 – LEGAL PERSONHOOD | 17 |
| PRINCIPLE 8 – LIBERTY AND SECURITY OF PERSON | 18 |
| PRINCIPLE 9 – ENFORCED DISAPPEARANCES & MISSING MIGRANTS | 19 |
| PRINCIPLE 10 – MIGRANTS IN VULNERABLE SITUATIONS | 20 |
| PRINCIPLE 11 – DUE PROCESS | 22 |
| PRINCIPLE 12 – VICTIMS OF CRIME | 23 |
| PRINCIPLE 13 – FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION OR BELIEF | 23 |
| PRINCIPLE 14 – FREEDOM OF OPINION AND EXPRESSION | 24 |
| PRINCIPLE 15 – PRIVACY & PERSONAL DATA | 24 |
| PRINCIPLE 16 – FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION | 25 |
| PRINCIPLE 17 – THE RIGHT TO LEAVE ANY COUNTRY | 26 |
| PRINCIPLE 18 – THE RIGHT TO FREE MOVEMENT | 26 |
| PRINCIPLE 19 – PASTORAL MOBILITY | 27 |
| PRINCIPLE 20 – EXPULSION | 28 |
| PRINCIPLE 21 – ASYLUM | 29 |
| PRINCIPLE 22 – SPECIFIC PROTECTION CONSIDERATIONS FOR REFUGEES | 29 |
| PRINCIPLE 23 – NATIONALITY | 30 |
| PRINCIPLE 24 – CIVIL AND POLITICAL LIFE | 31 |
| PRINCIPLE 25 – THE RIGHT TO PROPERTY | 31 |
| PRINCIPLE 26 – LABOUR | 32 |
| PRINCIPLE 27 – HEALTH | 32 |
| PRINCIPLE 28 – ADEQUATE STANDARD OF LIVING | 33 |
| PRINCIPLE 29 – EDUCATION | 33 |
PRINCIPLE 30 – CULTURE 34 PRINCIPLE 31 – FAMILY 34 PRINCIPLE 32 – THE RIGHT TO FAVOURABLE ENVIRONMENT 34 PRINCIPLE 33 – EFFECTIVE REMEDY 35 PRINCIPLE 34 – DIPLOMATIC PROTECTION AND CONSULAR ASSISTANCE 36 PART 4: CONFLICT & EMERGENCIES 37 PRINCIPLE 35 – PROTECTION OF MIGRANTS IN ARMED CONFLICT 37 PRINCIPLE 36 – PROVISION OF HUMANITARIAN ASSISTANCE 38 PART 5: COOPERATION & IMPLEMENTATION 39 PRINCIPLE 37 – COOPERATION OF AFRICAN UNION MEMBER STATES 39 PRINCIPLE 38 – SAVING CLAUSE 39