Migration policy framework for Africa and plan of action (2018 – 2030) Recommended strategies 72 i. Reinforce national policies and legal frameworks to ensure that migrants’ rights are protected, by incorporating key legal instruments on migrants rights and human rights, including the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights, 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, the Convention on the Rights of the Child, Convention on the Elimination of All Forms of Discrimination against Women, the Convention Against Torture, ILO Conventions 97 and 143, and relevant regional human rights instruments including the African Charter on Human and People’s Rights. ii. Ensure that migrants who are detained by public authorities, are treated humanely and fairly regardless of their immigration status, nationality, gender, ethnicity, race, or others, and are afforded all applicable legal protection, including where appropriate the assistance of counsel, competent, and gender-responsive interpreter services, access to their consulates, and protection against arbitrary detention, in accordance with national and international law, norms and standards. iii. End the detention of migrant children and their families for reasons of their migration status, and establish alternatives to detention that are in the best interests of the child. iv. Develop standards for the treatment of unaccompanied and separated minors. v. Implement the Protocol to the African charter on Human and Peoples’ Rights on the Rights of Persons with Disabilities in Africa and ensure the protection of the rights of persons with disabilities, including those being affected by mental health disabilities. vi. Ensure that all migrants have access to the courts, lawyers, judicial system, and relevant government agencies, including the opportunity to contest repatriation/expulsion procedures in a manner consistent with international law, standards and norms. Humane policies include the non-forcible return of a migrant or his/her family to their State of origin due to illness or injury sustained subsequent to entry. vii. Create an enabling environment for the fulfilment of migrants’ rights, including by allowing migrants to defend their rights through forming migrant associations. viii. Provide migrants with adequate and free administrative support with regard to government services and national laws in a language they understand. ix. Provide all migrants access to basic health care, including reproductive health, anti-retrovirals for HIV, medication for non-chronic diseases and other services.

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