PROCEDURAL GUARANTEES IN THE PROHIBITION OF COLLECTIVE EXPULSION UNDER SECTION 12(5) OF THE AFRICAN CHARTER ON HUMAN AND PEOPLES’ RIGHTS

Abstract

The prohibition of mass expulsion under Article 12(5) of the African Charter on Human and Peoples’ Rights serves as an important safeguard against the arbitrary removal of non-nationals. This study examines whether procedural guarantees are implicit within the provision despite the absence of express procedural requirements. The study adopts a doctrinal research methodology based on the analysis of international and regional human rights instruments. A comparative approach is also employed to assess the protections available under the European and Inter-American human rights systems. The findings posit that although Article 12(5) prohibits discriminatory mass expulsions, its effective implementation requires procedural safeguards to prevent arbitrary removals. The study also finds that due process guarantees have been incorporated into the Charter through the jurisprudence of the African Commission. However, challenges such as excessive reliance on state sovereignty continue to hinder its effectiveness. The study concludes that Article 12(5) should be interpreted as containing both substantive and procedural protections. It recommends the adoption of regional guidelines providing procedural safeguards in expulsion proceedings, as well as the incorporation of these standards into the domestic laws of African states.