Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons

MANDATE

The Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons is one of the special mechanisms overseen by the African Commission on Human and Peoples’ Rights. The Special Rapporteurship was created in 2004 during the Commission’s 35th Ordinary Session to protect the rights of refugees, asylum seekers, and internally displaced persons. In 2006, the mandate was extended to include migrants as well. See ACommHPR, Resolution 95, Resolution on the Renewal of the Term and Extension of the Mandate of the Special Rapporteur on Refugees, Asylum Seekers and Internally Displaced Persons in Africa. Its purpose is to investigate and improve the treatment of refugees, asylum seekers, migrants, and internally displaced persons throughout the African Union (AU) Member States.

COMPOSITION AND WORKING METHODS

The Commission appoints Special Rapporteurs either by a consensus or by a vote. See ACommHPR, Rules of Procedure of the African Commission on Human and Peoples’ Rights, 2010, Rule 23(2). The mandate of the Special Rapporteur has been renewed by the Commission several times. As of October 2014, each individual appointed as Special Rapporteur has been a Commissioner, simultaneously serving on the African Commission.

The Special Rapporteur undertakes a number of duties, including evaluating States’ domestic laws and their compliance with international standards, conducting visits to Member States, and studying relevant human rights conditions or situations.

Analysis of National Practices and Policies

The Special Rapporteurship evaluates Member States’ laws, and encourages the States to better align their policies with their obligations under the African Charter on Human and Peoples’ Rights and other international standards, including the UN Convention on Refugees of 1951 and the OAU Convention Governing the Specific Aspects of Refugees Problems in Africa. The Special Rapporteur provides Member States with recommendations on efficient strategies that they can implement to better protect the rights of refugees, asylum seekers, migrants, and internally displaced persons.

The Special Rapporteur has also sent letters to Member States to encourage their ratification of the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), which the Special Rapporteur helped to draft and adopt.

Country Visits

The Special Rapporteur undertakes country visits to Member States, with their consent. During these visits, which are also known as missions, the Special Rapporteur examines human rights conditions, particularly in refugee camps and camps for internally displaced persons. The Special Rapporteur then makes recommendations to the State on how to improve these conditions.

According to Rule 60 of the Commission’s Rules of Procedure, after the completion of a mission, the Special Rapporteur has a duty to publish a Mission Report. Mission reports contain general recommendations to the State, and often include specific recommendations to the international community and civil society, among others.

States are encouraged to cooperate with the Special Rapporteur to ensure that he or she is able to engage with refugees, asylum seekers, migrants, internally displaced persons, government officials, and civil society organizations.

RECEIVING INFORMATION

The Special Rapporteur is responsible for seeking and receiving information from individuals, governmental and non-governmental organizations and institutions, and other stakeholders concerning cases or situations that involve refugees, asylum seekers, migrants, and internally displaced persons.

Along with information gathered from such actors and during missions, the Special Rapporteur disseminates and obtains information through promotional activities, such as conferences, seminars, and expert meetings. The Special Rapporteur often coordinates these activities with civil society organizations, National Human Rights Organizations, and relevant actors within the United Nations.

On the basis of information received, the Special Rapporteur may propose that the Commission take a certain action or decision, or he or she may raise awareness of an issue in his or her reports, press releases, or other activities.

ACTIVITY REPORTS

The Special Rapporteur submits Intersession Activity Reports to the Commission each year, which outline the activities the Special Rapporteurship has undertaken. The Commission also prepares an annual Activity Report that it submits to the African Union Assembly, which includes information gathered from the Special Rapporteur, summarizing positive developments and areas of concern regarding human rights in Africa.

CONTACT INFORMATION

The Special Rapporteur may be contacted by:

• Mail: Special Rapporteur on Refugees, Asylum Seekers, Migrants and Internally Displaced Persons, 31 Bijilo Annex Layout, Kombo North District, Western Region P.O. Box 673 Banjul, The Gambia
• Email: The Special Rapporteur’s website contains an automated system to send the Special Rapporteur emails, by selecting the “Contact Commissioner” link.

The Special Rapporteur does not accept individual complaints or requests for provisional measures. Such communications must be addressed to the African Commission on Human and Peoples’ Rights. For additional information, see the Commission’s Guidelines for the Submission of Communications or IJRC’s resources on the African human rights system.