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The Human Rights Watch (HRW) has urged African governments to refuse to enter into agreements to accept third-country deportees from US and to terminate those that are already in effect under President Donald Trump's immigration crackdown.
The nonprofit watchdog group headquartered in New York City, has also urged countries that are party to such agreements to disclose their terms and allow access to independent monitors.
"Refrain from detaining any deportees absent a clear legal basis and ensure that no deportee is returned to their home country if there is credible evidence that they would face the risk of persecution, enforced disappearance, torture, or other serious harm".
The deportation of migrants to countries which are not their own is part of US President Donald Trump's campaign promise to expel millions of undocumented migrants from the United States.
South Sudan’s Ministry of Foreign Affairs and International Cooperation confirmed on September 4 that it was holding seven foreign nationals deported from the United States in July, while an eighth person, a South Sudanese national, was released to his family. A government spokesperson said that their status is still under consideration. On September 6, the authorities formally announced the repatriation of one Mexican national to Mexico, but did not clarify where the remaining six men are being held and under what conditions, nor did it explain the legal basis for holding them.
The South Sudanese authorities’ statements underscore the lack of transparency and due process protections surrounding these transfers, Human Rights Watch said.
Uganda
In Uganda, the foreign affairs ministry confirmed in a statement that a temporary bilateral co-operation agreement has been reached with US. Under its terms, Uganda will receive third-country deportees from us, but “individuals with criminal records and unaccompanied minors will not be accepted” and preference will be given to individuals of African origin.
Ghana
Ghanaian president John Mahama confirmed that his government has agreed to accept third-party nationals who were being removed from US. This agreement is limited to West African nationals. So far, five citizens of Nigeria and The Gambia have been expelled to Ghana under the contract. Before their expulsion, US immigration judges had granted all of them fear-based immigration relief, either withholding their removal under the US Immigration and Naturality Act or deferring their removal under the Convention against Torture.
“As the African Commission on Human and Peoples’ Rights special rapporteur on refugees has said, these agreements cannot override governments’ human rights obligations,” Ngari said. “The African Union should reiterate that deportations that do not afford people an opportunity to seek protection from persecution or torture are unlawful, abusive and unacceptable.”