The Centre for Human Rights, Faculty of Law, University of Pretoria, has expressed grave concern over the growing practice of third-country deportations to African states by the United States, warning that these arrangements pose significant threats to the rights and dignity of migrants and asylum seekers.
In a statement delivered to the African Commission on Human and Peoples’ Rights during its 87th Ordinary Session, the Centre highlighted the increasing use of bilateral agreements through which individuals, including asylum seekers and undocumented migrants, are removed to African countries with which they have no prior connection and to which they have not consented.
According to the Centre, countries reportedly involved in such arrangements include Rwanda, Ghana, Cameroon, Eswatini, South Sudan, Uganda, the Democratic Republic of the Congo, and Equatorial Guinea. These practices form part of broader efforts to externalise migration control by transferring responsibility for migrants and asylum seekers to third countries, often with weaker protection systems.
The Centre noted that these agreements are frequently concluded without transparency and may be shaped by significant power imbalances, including financial incentives, development assistance, and diplomatic pressure. Such circumstances raise serious concerns about whether receiving states are able to provide free and informed consent.
The statement further observed that individuals subjected to third-country deportations are often denied essential procedural safeguards, such as prior notice, access to legal representation, and the opportunity to challenge their removal or present protection claims. Upon arrival, deportees may face arbitrary detention, lack of legal status, restricted access to food and healthcare, and the risk of onward refoulement and inhuman or degrading treatment.
The Centre emphasised that these practices may violate several provisions of the African Charter on Human and Peoples’ Rights, including the rights to dignity, liberty, protection against arbitrary expulsion, and family life.
In light of these concerns, the Centre urged the African Commission to call on African Union member states to refrain from entering into third-country deportation arrangements without adequate safeguards; uphold the principle of non-refoulement; promote transparency and accountability in migration agreements; develop regional guidelines on migration externalisation; and ensure protection against arbitrary detention and inhuman treatment.
The Centre reaffirmed its commitment to advancing the protection of the rights of migrants, refugees, and asylum seekers across Africa and to strengthening accountability within regional human rights systems.
For more information, please contact:
sabelo.gumedze@up.ac.za
