The African Commission on Human and Peoples’ Rights (ACHPR) adopted Resolution 645 regarding the obligations of African states in the context of the externalisation of migration governance and the extra-regional transfer of migrants to Africa. This resolution intervenes in a context of increasing pressure exercised by third states to relocate the management of migration flows towards the African continent. It also follows a growing international recognition that migration management cannot subtract itself from fundamental human rights obligations, which requires cooperation and transparency.

The resolution affirms that African states have an imperative obligation to protect the life, dignity and security of all persons under their jurisdiction, including migrants transferred under bilateral agreements. It sets out both substantive rights, such as protection against serious human rights violations resulting from these transfers (such as arbitrary detention, refoulement), and procedural rights, notably the requirement for transparency by the means of publishing any migration management agreement with non-African states.

The resolution also supports key dimensions of the African Union’s Agenda 2063 and Agenda 2030 in several ways. First, these agendas emphasize that sustainable development and governance must respect the rule of law and human dignity. By reaffirming protection obligations in front of border externalisation, the resolution strengthens the human rights dimension of migration governance and supports the principle of “leaving no one behind,” particularly vulnerable migrant populations. Second, the resolution operationalises the link between institutional transparency and rights protection, mirroring the Sustainable Development Goals such as SDG 10 (Reduced Inequalities) and SDG 16 (Peace, Justice and Strong Institutions), by requiring that migration agreements are submitted to rigorous public and legal scrutiny.

The resolution provides a normative framework permitting member states to harmonize their national policies and embed legal safeguards in their diplomatic relations, in order to prevent the transformation of the continent into a zone of subcontracting international humanitarian responsibilities.