and/or reside in their territories. This, however, does not in any way mean that the African Charter
gives Member States the free hand to unnecessarily and without due process deal with non-nationals
to such an extent that they are denied the basic guarantees enshrined under the African Charter for
the benefit of everyone. Member States may deny entry to or withdraw residence permits from nonnationals for various reasons including national security, public policy or public health. Even in such
extreme circumstances as expulsion, however, the affected individuals should be allowed to challenge
the order/decision to expel them before competent authorities, or have their cases reviewed, and have
access to legal counsel, among others. Such procedural safeguards aim at making sure that nonnationals enjoy the equal protection of the law in their country of residence, ensure that their daily lives
are not arbitrarily interfered with, and that they are not sent back/deported/expelled to countries or
places they are likely to suffer from torture, inhuman or degrading treatment, or death, among others.
85. In its submission, the Complainant pleads the African Commission to order the Respondent State
to remedy the violations enumerated above by way of, including but not limited to, replacing the travel
and work documents of the Complainants, which were taken from them at the time of their arrest prior
to their expulsion; reinstating the victims to works they had been lawfully engaged in and paying
compensation to the victims as a result of unlawful mass expulsion; ensuring the restitution of
Complainants’ property forcibly taken from them at the time of their arrest prior to their expulsion,
providing for compensation to those Complainants physically harmed as a result of their inhumane
arrest and detention and clarify and make the necessary changes in its deportation procedures, such
that the process from arrest through detention and deportation comply with the provisions of the
African Charter on Human and Peoples’ Rights.
86. The African Commission recommends that the Respondent State take the necessary measures
to redress the violations enumerated in the preceding paragraphs, taking into account its obligations
under Article 1 of the African Charter and the exigencies of the situation.
87. The African Commission notes that the present communication is not the first in which it found
similar violations of the human rights of non-nationals in the context of mass expulsions/deportations
by the Republic of Angola. It, therefore, recommends that the Republic of Angola should:
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Ensure that its immigration policies, measures and legislations do not have the effect of
discriminating against persons on the basis of race, colour, descent, national, ethnic origin, or
any other status, and particularly take into account the vulnerability of women, children and
asylum seekers;
Take measures to ensure that all persons in detention are provided with proper medical
examination and medical treatment and care;
Ensure regular supervision or monitoring of places of detention by qualified and/or
experienced persons or organisations;
Put in place mechanisms allowing all detained persons access to effective complaint
procedures regarding their treatment with a view to curb, in particular, cases of physical and/or
psychological abuse;
Put in place procedural safeguards or clear procedures/policies that guarantee for all persons
deprived of their liberty (nationals and non-nationals alike) effective access to competent
authorities such as administrative tribunals and courts responsible for prison/detention oversight
and/or review;
Establish a Commission of Inquiry to investigate the circumstances under which the victims
were expelled and ensure the payment of adequate compensation of all those whose rights
were violated in the process.
Institute safeguards to ensure that individuals are not deported/expelled to countries where
they might face torture or their lives could be at risk;
Allow representatives of the African Commission, relevant international organisations, ICRC,
NGOs, concerned consulates and others access to detainees and places of detention, including
to those where non-nationals are held;