{"id":22018,"date":"2019-02-07T09:21:39","date_gmt":"2019-02-07T09:21:39","guid":{"rendered":"http:\/\/citizenshiprightsafrica.org\/?p=22018"},"modified":"2024-05-15T13:43:18","modified_gmt":"2024-05-15T13:43:18","slug":"report-of-the-1st-extraordinary-session-of-the-stc-on-migration-refugees-and-idps-29-october-3rd-november-2018-equatorial-guinea-malabo","status":"publish","type":"post","link":"https:\/\/citizenshiprightsafrica.org\/en\/report-of-the-1st-extraordinary-session-of-the-stc-on-migration-refugees-and-idps-29-october-3rd-november-2018-equatorial-guinea-malabo\/","title":{"rendered":"Report of the 1st Extraordinary Session of the STC on Migration, Refugees and IDPs, 29 October – 3rd November 2018, Equatorial Guinea, Malabo"},"content":{"rendered":"

Report of the Specialized Technical Committee (STC) on Migration, Refugees and Displaced Persons submitted to the 34th ordinary session of the AU Executive Council, 7 – 8 February 2019, EX.CL\/1107(XXXIV), on an extraordinary session held 2-3 November 2018 in Malabo (Equatorial Guinea) on the theme :<\/p>\n

“Overcoming the challenges of statelessness, forced displacement and free movement of persons in Africa”<\/p>\n

Extract:<\/p>\n

“Regarding the consideration of the Draft Protocol to the<\/span> African Charter on<\/span> Human and Peoples’ Rights on Specific Aspects of the Right to Nationalit<\/span>y and<\/span> the Eradication of Statelessness in Africa.<\/span><\/span><\/span><\/strong>
<\/span><\/p>\n

22.<\/span><\/span><\/span> The d<\/span><\/span>elegat<\/span><\/span>ion<\/span><\/span>s raised<\/span><\/span> several<\/span><\/span><\/span> que<\/span><\/span>stions on the Draft Protocol, including the issue<\/span><\/span> of reservations; the definition of the concept of “<\/span><\/span>usual place of abode<\/span><\/span>; the definition of<\/span><\/span> “<\/span><\/span>C<\/span><\/span>hild”<\/span><\/span>,<\/span><\/span> the compatibility of the Protocol with national laws, as well as the<\/span><\/span> legality of<\/span><\/span> residence<\/span> to<\/span><\/span><\/span> determin<\/span><\/span>e<\/span><\/span><\/span> na<\/span><\/span>tionality.<\/span> Some<\/span> delegates<\/span> also<\/span> raised<\/span> procedural<\/span> issues<\/span><\/span> regarding the role of the STC on<\/span><\/span> L<\/span><\/span>egal<\/span><\/span> A<\/span><\/span>f<\/span><\/span>f<\/span><\/span>airs in<\/span><\/span> addressing<\/span><\/span><\/span> some of the issues raised<\/span><\/span> by<\/span><\/span> the<\/span><\/span> delegates at the<\/span><\/span> Extraordinary<\/span><\/span><\/span> Session of the STC on Migration, Refugees and<\/span><\/span> Displaced Persons.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

23.<\/span><\/span><\/span> The<\/span><\/span> follo<\/span><\/span>wing specific questions were raised<\/span><\/span>:<\/span><\/span><\/span>
a)<\/span> the incompatibility between the definitions of “child” in some national laws and in<\/span> the protocol;<\/span><\/span>
b)<\/span> the importance of defining the concept of “usual place of abode” in order to avoid<\/span> the<\/span> risk of<\/span> contradictory or divergent<\/span> definitions of<\/span> the<\/span> concept<\/span> of “habitual<\/span> residence” in “national legislation”;<\/span><\/span>
c)<\/span> can Member States express reservations with respect to any of the provisions of<\/span> the Protocol in the light of a general provision on reservations in Article 26?;<\/span><\/span>
d)<\/span> the link between the “legality” of the place of residence and the determination of<\/span> nationality.<\/span><\/span><\/span><\/span><\/span><\/p>\n

24.<\/span><\/span><\/span> The Minister thanked the delegates for their questions and comments and invited<\/span><\/span> them to submit their proposed amendments and recommendations to the Secretariat in<\/span><\/span> writing. Sh<\/span><\/span>e<\/span><\/span> requested<\/span><\/span><\/span> the AU Commission and the Legal Counsel to answer some of<\/span><\/span> the specific questions<\/span><\/span><\/span> and also informed<\/span><\/span><\/span> the meeting that the STC Justice and Legal<\/span><\/span> Affairs w<\/span><\/span>ould<\/span><\/span><\/span> be the appropriate forum to deal with some<\/span><\/span> of the<\/span><\/span> outstanding legal<\/span><\/span> issues.<\/span><\/span><\/span><\/span><\/span><\/span><\/span><\/p>\n

25.<\/span><\/span><\/span> The<\/span> Legal<\/span> A<\/span><\/span>dviser<\/span> re<\/span><\/span>ferred<\/span> to<\/span><\/span><\/span> the<\/span> Vienna<\/span> Convention<\/span> which<\/span> stipulates<\/span> the<\/span><\/span> conditions under which reservations may be made and<\/span><\/span> that<\/span><\/span> reservations incompatible<\/span><\/span> with the object and purpose of a treaty<\/span><\/span> were<\/span><\/span><\/span> not<\/span><\/span> allowed<\/span><\/span>. The Commissioner for Political<\/span><\/span> Affairs indicated that<\/span><\/span><\/span> the recommendations, reservations and comments<\/span><\/span> made by the<\/span><\/span><\/span> delegates w<\/span><\/span>ould<\/span><\/span> be reflected in the report<\/span><\/span><\/span> which would be forwarded<\/span><\/span><\/span> to the STC on<\/span><\/span> Justice and Legal Affairs.<\/span><\/span>”<\/p>\n

Download report: STC Migration refugees and IDPs+African passport Dec2018<\/a><\/p>\n

In French:\u00a0CTS migration, refugi\u00e9s, personnes d\u00e9plac\u00e9es, d\u00e9c 2018<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"Report of the Specialized Technical Committee (STC) on Migration, Refugees and Displaced Persons submitted to the 34th ordinary session of the AU Executive Council, 7 – 8 February 2019, EX.CL\/1107(XXXIV), on an extraordinary session held 2-3 November 2018 in Malabo (Equatorial Guinea) on the theme : “Overcoming the challenges of statelessness, forced displacement and free […]","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[1],"tags":[],"class_list":["post-22018","post","type-post","status-publish","format-standard","hentry","category-uncategorized","region-pan-africa","type-african-union","type-treaties-and-other-standards","item-year-660","item-theme-acquisition-of-nationality","item-theme-african-standards","item-theme-loss-and-deprivation-of-nationality","item-theme-statelessness"],"acf":[],"_links":{"self":[{"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/posts\/22018","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/comments?post=22018"}],"version-history":[{"count":5,"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/posts\/22018\/revisions"}],"predecessor-version":[{"id":37057,"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/posts\/22018\/revisions\/37057"}],"wp:attachment":[{"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/media?parent=22018"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/categories?post=22018"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/citizenshiprightsafrica.org\/en\/wp-json\/wp\/v2\/tags?post=22018"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}