Upholding the fundamental rights of migrants in the Horn of Africa
Migration is an integral part of the work of National Human Rights Institutions (NHRIs) worldwide. The Global Compact for Migration highlights recognises the importance of partnering with NHRIs to ensure migrants’ rights are respected, ranging from access to healthcare and social security to justice and alternatives to detention.
The Better Migration Management (BMM) Programme, funded by the European Union and Germany, supports a technical working group bringing together NHRIs from member states of the Intergovernmental Authority on Development (IGAD), including Djibouti, Ethiopia, Kenya, Somaliland/Somalia, South Sudan and Uganda.
The silent violation of migrants’ rights
Despite the universality of human rights, they are often denied to migrants who may be deprived of their civil and political rights, for example, when they are subject to arbitrary detention or torture or don´t get a fair trial or the right to health, housing or education.
Many migrants travel without papers, often out of necessity. This means they are travelling illegally under national law and risk arrest. In prisons, they are often forgotten, left to await their fate without trial or legal assistance. The Uganda Human Rights Commission (UHRC) recently identified 81 such cases during their regularly monitoring visits to detention centres and border crossings, which are documented and followed up on. They highlight issues like overcrowded prisons, language barriers, isolation from the outside world and lack of legal assistance.
In Kenya, the National Commission on Human Rights (KNCHR) found that criminalising migrants and detain them had become a default response to irregular migration. While detention itself is an abuse, investigations also revealed cruel treatment during arrest, discrimination in prison and a lack of adequate legal, medical, social and psychological assistance. Director Veronica Mwangi emphasises that’s this often included victims of trafficking. ´If I am a victim of trafficking, the law is very clear; you must refer me to a service provider. We cannot ignore the right of assistance, the risk of revictimisation and other risks they may be exposed to if returned to their country.’
KNCHR’s 2020 report on migrants in detention helped raise awareness among officials and advocate for detention only as a last resort. Alternatives to detention are simple, Mwangi stresses. ‘We must not forget that we have a free movement protocol in East Africa, allowing to enter Kenya from a neighbouring country, for example, to work. If someone is caught without papers, they can return home to obtain proper ID rather than be imprisoned. Border screening can avoid unnecessary detention.´
Complaints mechanisms and advocacy
Many NHRIs have introduced complaints mechanisms with the support of BMM.
In Djibouti, the National Human Rights Commission (CNDH) uses mediation to resolve issues such as illegal arrests and asylum claim mishandling, which can avoid lengthy court processes. “This allows for quicker, fairer outcomes,” says CNDH President Ali Soubaneh Atteyeh.
NHRIs are mandated to protect rights, but also to hold governments accountable for fulfilling their responsibility’, remarks Mwangi. ‘We collaborate closely with the Counter Trafficking in Persons Secretariat and the Foreign Ministry, keeping them informed of our actions. And they turn to us when they need assistance or advice.’
NHRIs serve not only as watchdogs but as partners, ensuring governments meet their obligations. ‘We are not working against each other,’ says Atteyeh, ‘we are working together to uphold human dignity.’
In Ethiopia, the Human Rights Commission (EHRC) focuses on raising awareness of existing protections. ´Laws are in place, but both law enforcement and citizens need greater knowledge of them,’ explains Tessema Simachew of EHRC. Training and outreach are key tools in embedding these standards.
A regional forum uniting human rights champions
Cross-border cooperation is vital. ‘Our mandate applies to Kenya and the people who live and reside here,’ explains Mwangi. ´If a Kenyan migrant faces issues abroad, we liaise with our counterparts in that country. ´ To support such coordination, BMM helped establish a regional NHRI working group during its first phase. This platform fosters information-sharing, joint responses, and collaborative strategies across the Horn of Africa.
Achievements to date include a data-sharing checklist, 27 legal recommendations on migrant rights, a joint newsletter, and bilateral learning missions. These efforts amplify national initiatives, reinforcing protection for migrants across borders and building a unified regional approach to human rights.
More information
The Better Migration Management (BMM) Programme enables national authorities and institutions to manage safe, orderly and regular migration by applying a human rights-based approach, and to address trafficking in human beings and the smuggling of migrants within and from the Horn of Africa region. The Programme is funded by the European Union (EU) and Germany and jointly implemented by British Council, CIVIPOL, IOM, UNODC and GIZ, that coordinates the implementation. Partner countries are Ethiopia, Djibouti, Kenya, Somalia, South Sudan and Uganda.