migrants. However, as noted above, even in such cases the protections of international human rights law still apply to all migrants. 151. Article 12 (3) of the African Charter reads: “Every individual shall have the right, when persecuted to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions.” This includes a duty of non-refoulement on the State in which the person seeks asylum, prohibiting the State from returning an asylum seeker to their country of origin if there is a likely danger of persecution based on one of the grounds elaborated in Article 1 of the 1951 UN Convention. This shall be taken as the point of departure in considering whether there were violations of the rights as alleged by the Complainants. 152. The African Charter in Article 2 provides that every individual is entitled to the enjoyment of the rights and freedoms in the Charter “without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status”, and the Commission in its jurisprudence has held that the result is that all persons, be they nationals or non-nationals, have the right to the enjoyment of the rights and freedoms under the Charter.28 However, this may be an oversimplification, as it is clear that there are limitations which may be placed on certain rights, based on a person’s status. For example, the right to vote and to stand for election are reserved for citizens of the State concerned. Limitations on freedom of movement are also imposed on persons who are held in detention for criminal acts. Thus while they have to be reasonable, justifiable and proportionate, the State may impose limitations on certain rights, including the rights of non-nationals. 153. In the case of refugees, Article 26 of the 1951 Convention provides that States shall afford refugees the right to choose their place of residence within the territory and to move freely within the State. Article 28 obliges States parties to issue refugees travel documents permitting them to travel outside the State “unless compelling reasons of national security or public order otherwise require.” The position of asylum seekers was already discussed above, and 159/96 Union interafricaine des droits de l'Homme, Fédération internationale des ligues des droits de l'Homme,RADDHO, Organisation nationale des droits de l'Homme au Sénégal and Association malienne des droits de l'Homme v. Angola, para 18. 28 39

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