Protecting the Human Rights of Migrants: A Course for Migration Officials in Africa

This Facilitator’s Guide is intended to support trainers wishing to introduce the protection of the human rights of migrants to State officials on the African continent.  The content is organized into four main modules, allowing each module to be used in isolation, or in combination with others depending on the need. 

The first module focuses on international law as the foundation of relations between States, and between States and individuals. It provides an overview of key human rights instruments, including the African Charter on Human and Peoples’ Rights, and their accountability mechanisms. Part of the emphasis of this module is on the historical evolution of the international legal system, and the thinking that led to the human rights instruments that followed the wars of the early 20th century.

Subsequent modules address State authority in migration management, covering the admission of non-nationals and nationals returning home, as well as the detention and expulsion of those who are non-compliant with the requirements of entry or stay. Each of these is juxtaposed against a succession of individual human rights to facilitate understanding of the parametres of the State’s authority. Sections and subsections generally begin with a case study challenge to help participants focus on a specific tension between State authority and a human rights obligation in the migration context, followed by lecture notes for facilitators and a review of relevant case law and judicial reasoning. 

By using this Guide, trainers will be equipped to support officials in Africa in bridging the gap between the aspirations and principles of the United Nations Charter, international and regional human rights obligations, and the complexities of managing migration.