Visa requirements
Collective expulsion
Denationalization
Mass denial of ID cards
Gender discrimination in citizenship rights
Border communities and indigenous peoples
Collective Expulsion
States have a right to control their borders, and this includes a right to expel foreigners who are not legally present in the country. This right is, however, circumscribed by Article 12 of the African Charter on Human and Peoples’ Rights. Article 12 (4) states that non-nationals “legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.” Article 12(5) categorically prohibits mass expulsions.
Such expulsions have, however, too frequently taken place in Africa – where these forced removals continue as a result of using foreigners as scapegoats for domestic problems, war, and ethnic discrimination.
The following are some examples of instances of mass expulsion in Africa, with links to further resources on each topic:
Equatorial Guinea
About one thousand Cameroonians were expelled from Equatorial Guinea in February of 2004. Although the government argued that these Cameroonians did not have valid documents to stay in the country, many thought that the expulsions were more motivated by perceived Cameroonian involvement in anti-government activity.
Equatorial Guinea Deports More Cameroonians, by Francis Tim. The Post, 14 June 2004.
Equatorial Guinea Clamps Down on Foreigners, VOAnews.com, 15 March 2004.
Ethiopia and Eritrea
Mass expulsion also occurred between Eritrea and Ethiopia. In June 1998, Ethiopia authorities set in motion a campaign to round up, strip of all proof of Ethiopian citizenship, and deport Ethiopians of Eritrean origin from the country. About 75,000 of these individuals, many of whom had been living in Ethiopia their entire adult life, were taken into custody, denied their Ethiopian nationality, separated from their children, and deported to their supposed homeland in Eritrea. Eritrea conducted similar expulsions against Ethiopians later in the war.
The Horn of Africa War, Human Rights Watch, 29 January 2003.
Rwanda and Burundi
In 1989, Rwanda expelled many Burundian nationals who had been refugees in the country for many years. The government’s reasoning behind this expulsion was that these individuals were a threat to national security due to their “subversive” activities. In defense of these Burundians, this case was brought before the African Commission, which ruled that Rwanda had violated the rights of these individuals because they were removed solely due to their Burundian nationality or Tutsi ethnicity.
Recently, Burundi has been the one expelling Rwandans. In February 2009, Burundi launched a crackdown on illegal immigrants, evicting over 800 Rwandans, many of which were allegedly legal refugees.
Government Complains as Burundi Expels Over 800 Rwandans
Rwanda Development Gateway, 19 February 2009.
The African Charter on Human and Peoples’ Rights p. 86 by Fatsah Ouguergouz, 1993.
Tanzania
Tanzania has also practiced mass expulsion under the claim that they are attempting to reduce the number of illegal immigrants. Starting in May 2006, Tanzania sent back about 15,000 Rwandans and several thousand Burundians within a year. Despite stating that all of these individuals were illegal, Tanzanian officials also expelled naturalized Tanzanian citizens, registered refugees living in refugee camps, and persons who have an apparently valid claim to asylum but reside outside of camps. Some of these so-called immigrants had lived in Tanzania for decades, while others were born there and have never lived anywhere else.
Tanzania: Expulsions Put Vulnerable People at Risk, Human Rights Watch, 6 May 2007.
Zambia
Zambia’s collective expulsion methods focused on individuals from a specific region rather than a single nation. Due to their “illegal” presence in the country, Zambia expelled 517 nationals of West African Countries. Prior to expulsion, most of these individuals were placed in administrative detention and unable to appeal their forced removal due to the speed of the process. This case also went before the African Commission which decided that the Zambian Government was guilty of discrimination in these instances.
The African Charter on Human and Peoples’ Rights pp. 87-89 by Fatsah Ouguergouz, 1993.
Mauritania
Beginning in April of 1989, the Mauritanian Government expelled thousands of it own citizens, forcing them to live in refugee camps in northern Senegal. About 40,000-50,000 black Mauritanians – members of the Peul, Wolof, Soninke and Bambara ethnic groups – were discriminately removed from their homes and land by the Arab and Berber dominated government. This exile was the culmination of years of tension and repression of these black Mauritanians. This particular crisis began with a dispute over land in the Senegal River valley between Mauritania and Senegal. When a clash between Mauritanian herders and Senegal farmers broke out in April of 1989, both countries agreed to repatriate the other’s citizens to prevent further fighting. The Mauritanian Government seized this opportunity to minimize the influence of black Mauritanians and systematically expelled these ethnic groups even though they had no relation to Senegal.
Human Rights Watch World Report 1989 - Mauritania, Human Rights Watch, 1 January 1990.
Reports on Mass Expulsion
UN Preliminary Report on the Expulsion of Aliens, UN General Assembly, 2 June 2005.
Mass Expulsion in Modern International Law and Practice, by Jean-Marie Henckaerts, 1995.