We, gathered from various parts of Africa and beyond, participants in the High-level Experts Forum on Durable Solutions to Protracted Displacement in Africa, organised by the Centre for Human Rights, University of Pretoria, held on 19 September 2022 at the Future Africa Campus of the University of Pretoria;

Deeply concerned that, according to United Nations High Commissioner for Refugees (UNHCR), at present the number of refugees, asylum seekers and internally displaced persons in Africa is around 30 million;

Noting with concern that displacement occurs due to human rights violations, conflicts and wars, development projects and the adverse impacts of climate change and disasters, and that the lack of sustainable solutions for many refugees, asylum seekers and internally displaced persons (IDPs), as well as stateless persons, has put them in precarious and hazardous situations;

Having deliberated upon some of the major challenges adversely affecting the attainment of durable solutions to forcibly displaced persons in Africa, and having identified solutions for the challenges;

Endorsing Aspirations 2, 3 and 4 of the African Union (AU) Agenda 2063 which envision African integration, good governance, democracy, human rights, justice and the rule of law, and a peaceful and secure Africa;

Recalling the rights of refugees, asylum seekers, IDPs, and stateless persons enshrined under the 1948 Universal Declaration of Human Rights, the 1951 United Nations (UN) Convention Relating to the Status of Refugees and its 1967 Protocol, the 1981 African Charter on Human and Peoples’ Rights, the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention), the 2009 African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa (Kampala Convention), the 1990 African Charter on the Rights and Welfare of the Child (African Children’s Charter); the 1989 UN Convention on Rights of the Child (UN Children’s Convention), the 1961 UN Convention on the Reduction of Statelessness, and other human rights and humanitarian treaties;

Recalling specifically the obligations of states to seek durable solution set out in articles 2(c), 9(2)(e) and (f) and 11 of the Kampala Convention;

Considering the 2007 African Charter on Democracy, Elections and Governance, which obliges African states to establish and strengthen democratic institutions, the rule of law, human rights and independent electoral systems;

Further recalling the 1998 UN Guiding Principles on Internal Displacement, the 2010 Inter-Agency Standing Committee (IASC) Framework on Durable Solutions for Internally Displaced Persons, the 2005 Principles on Housing and Property Restitution for Refugees and Displaced Persons, the 2016 New York Declaration for Refugees and Migrants (New York Declaration), the 2018 Global Compact on Refugees, and pertinent documents produced by the UNHCR;

Noting with appreciation the work of the UNHCR, International Organisation for Migration, UN Secretary General’s High-level Panel on Internal Displacement and its recommendations pertaining to durable solutions;

Noting with appreciation the work of the Special Rapporteur on Refugees, Asylum Seekers, Internally Displaced Persons and Migrants in Africa of the African Commission on Human and Peoples’ Rights (Special Rapporteur); and acknowledging the significance of the Special Rapporteur’s declarations calling on African states to enhance the search for durable solutions;

Emphasising that more vulnerable groups within refugees, asylum seekers, IDPs, and stateless persons, such as children, members of indigenous people and other minorities including sexual and gender minorities, older persons, persons with disabilities, and women are at higher risk of abuse of their human rights and often experience discrimination, lack of access to justice, which impedes their access to durable solutions;

Noting that the majority of stateless persons or persons at risk of statelessness have never left the country of their birth, but that refugees, asylum seekers, and IDPs, especially children, are at particular risk of statelessness, and that statelessness is both a cause and consequence of protracted displacement;

Noting with concern that several obstacles hinder refugees, asylum seekers, IDPs, and stateless persons from attaining durable solutions;

Declare as follows:

1. Devising or reflecting on durable solutions to protracted displacement needs to take account of regional contexts, the differences between the various categories and causes of displacement, and the specific groups to which displaced persons belong.

2. Forced displacement is not just a humanitarian crisis, but also a human rights issue with adverse effects on development, peace, and security. Respect for human rights is at the heart of finding durable solutions. There is a need for a paradigm shift from a humanitarian to a holistic durable solution that puts the human rights of forcibly displaced persons at the centre of efforts to finding durable solutions.

3. The protection of the social, economic and cultural rights, as well as civil and political rights, as appropriate, of forcibly displaced persons, is key for the attainment of durable solutions. States must respect, protect, fulfil, and promote these rights without discrimination.

4. Host states and other actors should ensure the effective participation of persons in situations of protracted displacement in efforts to seek durable solutions. Forcibly displaced persons must be seen as important stakeholders in efforts to find durable solutions to their predicament. Their views and opinions should be solicited and considered in the development of strategies for the restoration of peace, conflict prevention and conflict resolution. Dialogue and inclusive political processes are vital mechanisms to exercise their agency, restore their hope, and build their trust, thereby paving the way to a dignified return and local integration. Host states and other actors should ensure the effective participation of persons in situations of protracted displacement in efforts to seek durable solutions.

5. Prevention of forced displacement should be prioritised. States have the obligation to prevent the causes of forced displacement, and facilitate conditions for enabling forcibly displaced persons to attain durable solutions. Current approaches are too often characterised by reactive measures that are instituted after the event, rather than pre-empting the causes of forced displacement.

6. The spirit of solidarity, burden sharing, and cooperation as espoused by the OAU Refugee Convention, Kampala Convention, New York Declaration, and the Global Compact on Refugees is indispensable in finding durable solutions to protracted displacement.

7. Promoting democracy, the rule of law, good governance, peace-building and reconciliation is key to addressing the root causes of protracted displacement.

8. States and all stakeholders must promote welcoming and tolerant attitudes and practices in host communities.

9. The encampment of forcibly displaced persons often leads to the restriction of their rights and adversely affects durable solutions. States should as far as possible abolish encampment policies to allow a more effective integration of forcibly displaced persons in the socio-economic fabric of host countries and communities.

10. States should afford alternative status and appropriate documentation to refugees and asylum seekers in situations of protracted displacement.

11. States should develop and implement national legal frameworks to expressly address alternative forms of durable solutions to protracted displacement.

12. Solutions to forced displacement will only succeed as ‘durable’ if they address the particular vulnerabilities of those displaced persons who are already most at risk of human rights violations, such as children (especially unaccompanied children), women (especially women who head households and expectant mothers), sexual or gender minorities, persons with disabilities, and older persons. In devising solutions that are responsive to the needs and concerns of these groups, the intersectional nature of identity has to be taken into account. Solutions have to address the root causes for the marginalisation and vulnerability of these groups, such as patriarchy, negative and demeaning attitudes and stereotypes, homophobia, and the laws that uphold these societal stances.

13. The spirit of pan-Africanism should permeate the quest for solutions. Economic and other forms of integration should be used to counter the destabilising effect of colonially-demarcated boundaries.

14. Issues of displacement are often highly politicised. Political leadership is required to counter the expression of populist nationalism.

15. Host communities should be involved in the quest for durable solutions. They should be educated and mobilised. Promoting social cohesion between host communities and forcibly displaced persons, and mobilising and involving host communities in the quest for durable solutions is important.

16. There is a need for greater clarity about the concept of ‘protracted displacement’ as it applies to Africa.

17. There is a need for disaggregated data collection and research on displacement and the solutions thereto.

Recommend as follows:

18. Call on the African Union to
    1. Take all appropriate measures to prevent forced displacement in its member states, and to strengthen its legal and institutional frameworks to protect refugees, asylum seekers, IDPs and stateless persons, and to provide redress for the violation of their rights.
    2. Enhance its efforts to promote democracy, rule of law and good governance, restore peace and security, and cultivate peace-building in its member states.
    3. Coordinate its member states in mitigating human-caused climate change and implementing measures for preventing displacement in the context of climate change and disasters.
    4. Accelerate the adoption of the 2015 Protocol to the African Charter on Human and Peoples’ Rights on the Specific Aspects of the Right to a Nationality and the Eradication of Statelessness in Africa.
    5. Continue to encourage ratification and domestication of the OAU Refugee Convention, Kampala Convention and African Charter on Democracy, Elections and Governance.
    6. Take responsibility for collating and disseminating disaggregated data.

19. Call on member states of the African Union to
    1. Take all appropriate measures to facilitate durable solutions by enacting and implementing legislation, allocating adequate human and financial resources, establishing appropriate institutional frameworks, and removing barriers to durable solutions.
    2. Set up a central coordinating body for the protection of forcibly displaced persons.
    3. Protect the rights of refugees, asylum seekers, IDPs, and stateless persons, including their right to security, right to adequate standard of living, right to work and study, right to effective access to justice, and documentation, and ensure their meaningful participation in the planning and implementation of durable solutions.
    4. Ratify the OAU Refugee Convention, Kampala Convention and the African Charter on Democracy, Elections and Governance if they have not yet become state parties to these treaties;
    5. Give full effect to the treaties that they have ratified.
    6. Support and spread awareness on issues affecting refugees, asylum seekers, IDPs, and stateless persons.
    7. Enact legislation giving effect to article 6 of the African Charter on the Rights and Welfare of the Child, article 7 of the UN Convention on the Rights of the Child for granting nationality to children born stateless in their territory.
    8. Identify and consider naturalising populations of unknown nationality, and amend laws that render individuals stateless.
    9. Eliminate gender inequalities in nationality laws.
    10. Collect disaggregated data on refugees, asylum seekers, IDPs and stateless persons.

20. Call on national human rights institutions in AU member states to
    1. Use general and specialised mandates to ensure durable solutions.
    2. Empower forcibly displaced persons to claim their rights.
    3. Promote the rights of forcibly displaced persons.
    4. Advise governments to adopt human rights-based approaches to finding durable solutions.
    5. Monitor the human rights situation of forcibly displaced persons and hold governments and other actors accountable to national, regional and global human rights obligations.
    6. Make complaints handling mechanisms available and accessible to forcibly displaced persons and enable them to report human rights violations.

21. Call on humanitarian, human rights, development, and political actors to
    1. Complement and support measures taken by national and local governments to achieve durable solutions.
    2. Continue to lobby and assist governments to implement appropriate measures for durable solutions.

22. Call on advocates to
    1. Initiate engagement on a continuous and ongoing basis with relevant political players.
    2. Support litigation addressing the roots causes and consequences of forced displacement at the national and regional mechanisms.

23. Call on academics at African institutions of higher learning to
    1. Engage more on issues of forced displacement and durable solutions, in particular through collaborative studies that transcend borders.
    2. Forge networks to facilitate pan-African solutions to address protracted displacement in Africa.
    3. Translate research outcomes into actionable recommendations.
    4. Liaise with frontline workers to help inform their research.

24. Call on the media and civil society to
    1. Provide civic education and information on forcibly displaced persons, and the challenges they face in attaining durable solutions.
    2. Avoid disseminating xenophobic narratives and contribute towards durable solutions.
    3. Give voice to forcibly displaced persons.
     

Participants of the Forum

Mr Abiy Ashenafi
Manager: Migration Unit, Centre for Human Rights, University of Pretoria, South Africa

Dr Ayodele Sogunro
Manager: SOGIESC Unit, Centre for Human Rights, University of Pretoria, South Africa

Mr Bahame Tom Nyanduga
Advocate; former Commissioner of the African Commission on Human and Peoples’ Rights, and Special Rapporteur on Refugees, Asylum Seekers, Stateless Persons and Migrants

Dr Callixte Kavuro
Post-doctoral Fellow, Stellenbosch University, South Africa

Dr Charissa Fawole
Lecturer: University of Johannesburg, South Africa

Ms Enguday Meskele Ashine
Acting Director: Department on refugees, IDPs and migrant rights, Ethiopian Human Rights Commission; Former Assistant Professor, Wolaita Sodo University, Ethiopia

Mr Fikire Tinsae Birhane
Doctoral Candidate: Institute for International and Comparative Law in Africa, University of Pretoria; Lecturer: Hawassa University, Ethiopia

Prof Frans Viljoen
Director: Centre for Human Rights, University of Pretoria, South Africa

Dr Freeman M Mateko
Economist, University of Witswatersrand, South Africa

Dr Ganzamungu Zihindula
Founder and Executive Director, Action de Transformation Social à Impact Durable (ATRASID), South Africa

Ms Ivy Shiechelo
Advocate of the High Court of Kenya and Legal Fellow at Equality Now, Kenya

Ms Janet Gbam
Doctoral Candidate: Centre for Human Rights

Mr Jimmy Kainja
Senior Lecturer: University of Malawi, Malawi

Ms Liesl Muller
Senior Attorney: Centre for Child Law, University of Pretoria, South Africa

Mr Lloyd Kuveya
Assistant Director (Operations): Centre for Human Rights, University of Pretoria South Africa

Lydia Chibwe
Project Assistant: Women’s Rights Unit, Centre for Human Rights

Mr Martin Mande
Secretary-General, South African Refugee Led Network, South Africa

Dr Michael Addaney
Lecturer: University of Energy and Natural Resources, Ghana

Ms Mumbi Gichuhi
Lawyer and Senior Resettlement Assistant, United Nations High Commissioner for Refugees (UNHCR), Kenya

Dr Noncedo Vutula
Senior Research Fellow, Nelson Mandela School of Public Governance, South Africa

Dr Norman Pinduka
Lecturer: International Relations Department, Africa University, Zimbabwe

Ms Omotunde Enigbokan
Project Officer, Migration Unit, Centre for Human Rights, South Africa

Ms Patience M Nyaruwanga
LLM Candidate: University of Pretoria, South Africa

Ms Rakeb Messele Aberra
Deputy Chief Commissioner: Ethiopian Human Rights Commission, Ethiopia

Ms Ruwadzano Patience Makumbe
Doctoral Candidate: University of Ghent, Belgium

Ms Sabeeha Majid
Centre for Human Rights

Dr Samuel Woldemariam
Lecturer: Newcastle Law School, Australia