The right to life in Africa: General Comment No. 3 on the African Charter on Human and Peoples’ RightsPosted: 10 February, 2016
Author: Paul Ogendi
Researcher, Working Group on death penalty and extrajudicial summary or arbitrary killings in Africa, African Commission on Human and Peoples’ Rights
During its 57th Ordinary Session held from 4 to 18 November 2015 in Banjul, The Gambia, the African Commission on Human and Peoples’ Rights (the Commission) adopted General Comment No. 3 on the African Charter on Human and Peoples’ Rights (General Comment No. 3) focusing on the right to life.
The document is timely because the protection of the right to life is currently under threat globally. Africa is no exception.
The Commission in 2012 expanded the work of one of its working groups focusing on the right to life to include not just death penalty but also extrajudicial, summary and arbitrary killings in Africa.
Some of the salient features of the new General Comment are discussed below.
This article comes as result of the historical background on the status of immigrants in the western part of Tanzania where the expulsion of illegal immigrants is never stable (see a BBC report). The main reason leading to the expulsion of illegal immigrates is the fact that most immigrants are not aware of Tanzanian immigration. In turn, Tanzania reacts by deporting them back to various nations along the Great Lake States.
Illegal immigration in Tanzania may be legally assessed based on two perspectives. One, those immigrants who enter Tanzania without observing due processes and are then apprehended, detained and charged with breaching immigration laws, and two, those who are found to be residing with and married to Tanzanians without observing legal procedures.
Illegal immigrants, of whatever nature, as described above, are deserving of human rights as other Tanzanians. Thus, there is a great need for lawyers and non-governmental organisations to offer information and knowledge on issues relating to immigration, labour and citizenship so as to bring awareness amongst refugees of their rights.