Annual Report 2023
04
Migrants
Tunisia
Tunisia has become a primary departure point for migrants, refugees, and asylum seekers aiming to reach Europe via the sea. As the Tunisian state grapples with challenges in managing this influx amidst a social and economic crisis, violations and racial discrimination against individuals on the move have escalated in recent years. The OMCT Tunisia initiated research and documentation of violations against migrants and conducted a mapping exercise to understand the legal and policy framework governing asylum and migration. Subsequently, the OMCT submitted two individual communications to the United Nations Committee against Torture (CAT), prompting the Tunisian government to address the protection of affected individuals.
The OMCT Tunisia released the "Torture Routes in Tunisia - Mapping the violations suffered by displaced people in Tunisia" report, outlining human rights violations against migrants, refugees, and asylum seekers, which is now an essential reference for international and national organisations. The multidisciplinary direct assistance programme SANAD has increasingly provided direct assistance to migrant victims of torture. Stakeholder mapping expanded SANAD's network of partners, facilitating mutual referrals for this underserved community.
Libya
The situation for migrants, refugees, and asylum seekers in Libya continues to deteriorate as authorities escalate campaigns against them, leading to arbitrary mass arrests and detention regardless of their asylum status. In southern regions, trafficking gangs are preying on Nigerian, Sudanese, and Chadian migrants and asylum seekers. Living conditions in detention facilities are dire, with reports of torture.
The OMCT supported its partner, the Libyan Anti-Torture Network, in issuing statements, briefing papers, and bilateral communications to raise awareness and advocate for migrants' rights. Additionally, we provided legal aid to migrants, resulting in the release of four individuals.
Italy
Following a third-party intervention submitted in 2020, the European Court of Human Rights ruled against Italy in March 2023 for violating the European Convention on Human Rights regarding the arbitrary detention and collective expulsion of migrants on the Italian island of Lampedusa. This judgment underscores the ongoing struggle to protect migrants' rights and hold governments accountable for human rights violations.
Africa
The OMCT's Working Group on Migration and Torture in Africa has been engaged in legal and advocacy actions to seek justice for migrants subjected to torture. Despite their vulnerability, mobility, and fear of reprisals, efforts have been made to address violations and seek redress. During the 53rd session of the Human Rights Council, the working group urged the Special Rapporteur on the human rights of migrants to investigate collective expulsions. In August 2023, the OMCT submitted an amicus curiae brief to the Court of Justice of the Economic Community of West African States (ECOWAS) on the case of Peter Mensah, a Ghanaian migrant who disappeared in 2005. The submission argued for forced disappearance to be recognised as an act of torture and emphasised the need for investigations.