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Daily Maverick
4 days ago
- Politics
- Daily Maverick
Trump's deportation deals signal a troubling shift in US-Africa relations
Eswatini and South Sudan are just two on a list of many African countries America has asked to accept violent criminals. US President Donald Trump's policy of deporting foreign nationals convicted of violent crimes has sparked a global uproar. It also highlights the stark power imbalance between the US and developing countries, and raises serious concerns about security risks, human rights abuses and the denigration of international humanitarian law. The controversy started in March when the US paid El Salvador $5-million to incarcerate more than 250 Venezuelan deportees accused of gang affiliations, in a maximum-security prison notorious for human rights abuses. Though the deal's terms remain unknown, the rewards appear to include a White House visit and endorsement of President Nayib Bukele, despite alarm over his repression of civil liberties. Since then, the Trump administration has expanded this policy to Africa, with recent deportations of individuals from countries such as Vietnam, Jamaica and Yemen to South Sudan and Eswatini. The Department of Homeland Security justified the decision by saying their home countries refused 'to take them back'. The deportations were enabled by a June US Supreme Court ruling that allows migrants to be sent to third countries without notice or legal recourse. The judgement overrules protections in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment that prevent deportations to countries where people are at risk of torture. Despite the US being a party to the convention, the supreme court's conservative majority set aside those safeguards, granting the government broad authority to expedite deportations. The majority opinion provided no reasons for its findings. In contrast, the minority opinion stressed that life-and-death matters required careful attention and adherence to the rule of law. The abandonment of international law by way of the court's ruling also casts doubt on whether it intends to uphold America's obligations towards refugees and asylum seekers under the 1951 Refugee Convention and its 1967 Protocol. These frameworks prohibit the return of refugees to countries where they face serious threats to their life or freedom. In April, the US reportedly paid Rwanda $100,000 to accept an Iraqi refugee accused by Iraq of having ties to Islamic State. The decision was taken despite a 2023 US State Department report detailing Rwanda's harsh and life-threatening prison conditions. Similarly, The New York Times recently reported that a US diplomat urged Eswatini officials in March to accept deportees even though another State Department report documented human rights abuses there, including extrajudicial killings and torture. These concerns seem warranted. On 31 July, the Southern Africa Litigation Centre filed an urgent high court application against Eswatini's correctional services department for denying the deportees access to legal counsel. Rights implications aside, the deportations have deepened public distrust in host country governments. Secrecy surrounding the deals exacerbates instability in both countries, which are already burdened by violence, instability and crackdowns on pro-democracy movements. Many citizens believe the US has used aid and trade to pressure South Sudan and Eswatini into compliance and gain favour with the Trump administration, triggering fears over what was promised in exchange. The US' approach reflects a troubling perception of Africa as a 'dumping ground' for foreign nationals convicted of violent crimes, rather than a strategic partner in global security. But outsourcing migration is not unique to the US. Australia, the UK and European Union have long focused on outsourcing asylum processing and returns to African countries. While aimed at controlling migration, this shifts the administrative burden to nations with limited resources and weak protections. These policies raise ethical and legal questions about how asylum seekers and refugees are treated by Western countries, reflecting a view that Africa's interests are less important than their own. Trump's pledge to 'make America great again' has translated into a sharp focus on expelling foreign nationals convicted of violent crimes, prioritising US interests above all else. In his first six months in office he dismantled US soft power by cutting foreign aid, insisting America had got a raw deal from its global counterparts. This shift was highlighted during an April cabinet meeting when Secretary of State Marco Rubio emphasised that instead of asking 'what is good for the world', every diplomatic decision would now ask: 'Is it good for America?' He said that US foreign policy would be guided by whether it made America stronger, safer or richer. Rubio said the Trump administration was 'actively searching for other countries to take people from third countries', stressing this was a global effort. 'We're approaching nations to ask, 'Will you take some of the most despicable human beings as a favour to us? The farther from America, the better.'' In May, CBS News reported that the US had asked Angola, Benin, Equatorial Guinea and Libya to accept deportees. In June, The New York Times revealed that the Trump administration pressured 58 countries, many in Africa, to accept deportees. This 'intense diplomatic campaign' targeted nations facing US travel bans, visa restrictions or tariffs, raising concerns that some leaders may comply regardless of whether it serves their country's interests. And in July, Trump hosted a mini-summit in the White House with the leaders of Senegal, Mauritania, Guinea-Bissau, Liberia and Gabon. The meeting was mainly about the five countries' critical mineral wealth, although making deals on accepting US deportees has been suggested as the underlying motive. According to Nigeria's foreign minister, Yusuf Tuggar, the US was 'mounting considerable pressure' on African countries to accept deportees. He said Nigeria outright rejected the deal, saying the country had enough problems of its own. Such policies are likely to erode years of diplomatic progress and US-Africa relations, especially in intelligence, counterterrorism and anti-trafficking, which have already suffered significant setbacks during Trump's second term. These actions show that Trump is using diplomacy to secure America's short-term interests at the expense of human rights and regional security in Africa. As African nations reconsider their ties to a Trump administration that treats them as expendable, these deportation policies – shaped by short-term, unilateral decisions amid complex global threats – serve the interests of no one, including America. DM
Scoop
08-07-2025
- Politics
- Scoop
UN Experts Alarmed By Resumption Of US Deportations To Third Countries, Warn Authorities To Assess Risks Of Torture
GENEVA (8 July 2025) - UN human rights experts today sounded the alarm at the human rights implications of a recent ruling by the United States' Supreme Court that paves the way for deportations of foreign nationals to third countries. The Trump administration's deportation policy allows irregular migrants to be transferred to countries other than their own. 'To protect people from torture and other prohibited cruel, inhuman or degrading treatment or punishment, enforced disappearances, and risks to life, they must be given an opportunity to express their objections to removal in a legally supervised procedure,' the experts said. 'The US' expedited removal procedure could allow people to be taken to a country other than their own in as little as a single day, without an immigration court hearing or other appearance before a judge,' they said. 'International law is clear that no one shall be sent anywhere where there are substantial grounds for believing that the person would be in danger of being subjected to serious human rights violations such as torture, enforced disappearance or arbitrary deprivation of life,' the experts said. 'That assessment must be individual as well as country-specific.' They recalled that the United States had accepted obligations to prevent refoulement as enshrined, inter alia, in Article 3 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, implicit in Articles 6 and 7 of the International Covenant on Civil and Political Rights, and Article 33 of the Convention relating to the Status of Refugees pursuant to its ratification of the 1967 Protocol. 'Other countries that have attempted to outsource their responsibilities have left people stranded in far away places, arbitrarily detained for years on end, and at risk of torture and other inhuman treatment, trafficking, or enforced disappearance,' the experts warned. 'Any diplomatic assurances as to the safety of transferred migrants provided by other countries cannot be taken at face value. The US is required to make a full assessment under its non-refoulement obligations.' 'We urge the United States' Government to refrain from any further removals to third countries, to ensure effective access to legal assistance for those facing deportation, and all such procedures to be subject to independent judicial oversight.' On 23 June 2025, the Supreme Court suspended a lower court order that had blocked forcible removals of foreign nationals to countries not their own due to concerns they had been implemented without adequate human rights safeguards. The specific case involved eight migrants from Myanmar, Cuba, South Sudan, Mexico, Laos and Vietnam, who were deported on a plane reported to be destined for South Sudan. 'It is with deep worry that we understand that the individuals have now been moved from Djibouti, where they were being held on a US military base, and onto South Sudan.' The experts have raised their concerns previously in writing to the Government of the United States and will continue to monitor developments. *The experts: Alice Jill Edwards, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Gehad Madi, the Special Rapporteur on the human rights of migrants; Morris Tidball-Binz, the Special Rapporteur on extrajudicial, summary or arbitrary executions; Margaret Satterthwaite , the Special Rapporteur on the independence of judges and lawyers; Ben Saul, the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Siobhán Mullally, the Special Rapporteur on trafficking in persons, especially women and children; Gabriella Citroni, (Chair-Rapporteur), Grażyna Baranowska (Vice-Chair), Aua Baldé, Ana Lorena Delgadillo Pérez, Mohammed Al-Obaidi, the .
Scoop
04-05-2025
- Politics
- Scoop
UN Committee Against Torture Publishes Findings On Armenia, France, Mauritius, Monaco, Turkmenistan And Ukraine
GENEVA (2 May 2025) - The UN Committee against Torture (CAT) today issued its findings on Armenia, France, Mauritius, Monaco, Turkmenistan and Ukraine after reviewing the six States parties in its latest session. The findings contain the Committee's main concerns and recommendations on each country's implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Key highlights include: Armenia The Committee commended Armenia's new Criminal and Criminal Procedure Codes, noting the broader definition of torture, stronger procedural safeguards, and additional non-custodial measures. However, it was concerned that the minimum penalty for torture remained too low and recommended that the State party ensure that penalties are commensurate with the gravity of the crime. It also raised concern about the persistently high number of pretrial detainees and called for better training for prosecutors and judges, adequate resources, and clear regulations to support using non-custodial alternatives. The Committee welcomed the State party's initial efforts to move toward a deinstitutionalised model of psychiatric and social care but was concerned about the continued lack of community-based services and legal safeguards for residents, particularly regarding complaint mechanisms and reviews of involuntary placements. It urged the State party to strengthen legal and procedural protections in law and practice. The Committee also raised concerns about the use of physical and chemical restraints, recommending reduced reliance on coercion and strict compliance with domestic and international standards. France The Committee expressed its deep concern over numerous reports of excessive use of force, including lethal force, and ill-treatment by law enforcement officers, particularly during traffic stops, arrests, forced evictions, and demonstrations. It noted that these abuses disproportionately affect minorities, especially people of African descent, people of Arab origin or Muslim religion, Indigenous peoples, and non-nationals. The Committee urged France to ensure prompt, impartial investigations by an independent body, accountability for perpetrators, and adequate redress for victims and their families. The Committee was concerned about persistent prison overcrowding and poor material conditions in many detention facilities, particularly in overseas territories. It also stated its concern over ongoing violence among detainees and reports of ill-treatment by prison staff. The Committee recommended that France continue its efforts to improve detention conditions and to reduce overcrowding in prisons and other detention places, including by establishing a binding prison regulation mechanism and resorting to non-custodial measures and sentence adjustments. It further called for thorough investigations into all allegations of ill-treatment, accountability for perpetrators, redress for victims, and stronger measures to prevent, monitor and control violence among detainees. Mauritius The Committee was concerned by numerous reports of torture, deaths in police custody, and police violence and abuse in Mauritius, as well as allegations of police interference in investigations of complaints of their misconduct, victims' fear of reprisals, and ineffective protective measures. While noting the State party's pledge to adopt a code of practice and strengthen police training, the Committee urged Mauritius to ensure the Independent Police Complaints Commission is adequately resourced and empowered to investigate all torture and ill-treatment promptly, impartially and effectively and prosecute perpetrators as appropriate. It also called for stronger measures to prevent reprisals targeting victims, their families, and legal representatives. Particularly about reported deaths in police custody, the Committee noted with concern that only a few cases had led to investigations or prosecutions. It called upon Mauritius to ensure all such deaths are promptly and independently investigated, including through independent forensic examinations, in line with the Minnesota Protocol. It also asked the State party to provide the Committee with detailed data on all deaths in detention, their causes, and investigation outcomes. Monaco The Committee raised concerns about reports that the 'Maison d'arrêt de Monaco' is structurally incompatible with its current purpose and unsuitable for prolonged detention. It was also concerned that pre-trial detainees still need specific authorisation from judicial authorities to receive visitors or make phone calls. Acknowledging the authorities' land-use constraint, the Committee urged Monaco to consider moving prisoners to a new detention facility that meets international standards on deprivation of liberty and the prevention of ill-treatment. In the meantime, it recommended further efforts to improve living conditions at the current 'Maison d'arrêt de Monaco', including by allowing visits and phone calls for pre-trial detainees without requiring special authorization from the judicial authorities. The Committee was concerned about the reported precarious working conditions faced by many migrant domestic and undeclared workers, especially in the construction, hospitality, and catering sectors, as well as on private yachts. It also expressed concern over the current legislation that criminalises irregular migration. The Committee urged the State party to strengthen the labour inspectorate to better monitor the situation of migrant workers, in particular domestic workers, including with regards to their recruitment and working conditions. It also recommended increasing efforts to inform migrant workers about their rights and how to file complaints. Finally, it called on the State party to repeal the legal provisions criminalising irregular migration and to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Turkmenistan The Committee was alarmed at persistent reports of widespread torture and ill-treatment in Turkmenistan, including severe beating and other serious abuse often used to extract confessions, both in pretrial detention and prisons. It was particularly disturbed by the targeted abuse of individuals perceived to be homosexual, highlighting the discriminatory and systemic nature of such treatment. Despite some audio-visual monitoring in detention facilities, these measures have proven insufficient. The Committee said the lack of open investigations and prosecutions reflects a worrying pattern of institutional impunity. It urged the State party to adopt a zero-tolerance policy towards torture, including a clear statement from senior leadership, and to ensure all allegations are promptly investigated, perpetrators held accountable, and victims fully compensated. The Committee welcomed the adoption of the Ombudsman Act and Turkmenistan Ombudsperson's recent 'B' status accreditation by the Global Alliance of National Human Rights Institutions (GANHRI). However, it raised concerns over the Ombudsperson's limited independence and authority, particularly the failure to address serious human rights violations such as torture, enforced disappearances, and gender-based violence. The lack of received complaints also raised doubts about the accessibility and credibility of the mechanism. The Committee urged full implementation of GANHRI's 2024 recommendations, including establishing an independent body with the capacity to conduct unannounced visits to all detention sites and private interviews with detainees and respond effectively to abuse allegations. Ukraine The Committee acknowledged the challenges Ukraine faces in implementing the Convention due to the Russian Federation's full-scale aggression and occupation of its territory. Nonetheless, it recalled that the Convention applies throughout Ukraine's territory and called for the State party to take all possible steps to ensure implementation of the Convention, accountability, and access to truth, justice, and reparation for victims. While noting Ukraine's commitment to uphold international humanitarian and human rights law during the ongoing conflict, the Committee expressed concern over reports of torture, ill-treatment, and other violations against Russian prisoners of war by Ukrainian forces. It underscored that the prohibition of torture is absolute and non-derogable, that no exceptional circumstances whatsoever may be invoked as a justification of torture and that the obligations stemming from this prohibition were not subject to reciprocity, and reminded Ukraine of its obligations under international humanitarian and human rights law. The Committee asked the State party to continue to make clear condemnation of such violations at the highest levels, conduct prompt and impartial investigations into all torture allegations, and ensure full procedural safeguards, including access to medical screening upon every transfer and entry into a new facility for all captured combatants. The Committee expressed concern that initial confidential medical examinations are not routinely granted in Ukraine and are reportedly often carried out in the presence of police officers. It called upon Ukraine to guarantee fundamental legal safeguards for all detainees from the outset of deprivation of liberty, including the right to request and receive a medical examination by an independent doctor, free of charge, or a doctor of their choice, conducted out of hearing and sight of police officers, unless the doctor concerned explicitly requests otherwise. The above findings, officially known as Concluding Observations, are now available on the session page.
Zawya
02-05-2025
- Politics
- Zawya
United Nations (UN) Committee against Torture publishes findings on Armenia, France, Mauritius, Monaco, Turkmenistan and Ukraine
The UN Committee against Torture (CAT) today issued its findings on Armenia, France, Mauritius, Monaco, Turkmenistan and Ukraine after reviewing the six States parties in its latest session. The findings contain the Committee's main concerns and recommendations on each country's implementation of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Key highlights include: Armenia The Committee commended Armenia's new Criminal and Criminal Procedure Codes, noting the broader definition of torture, stronger procedural safeguards, and additional non-custodial measures. However, it was concerned that the minimum penalty for torture remained too low and recommended that the State party ensure that penalties are commensurate with the gravity of the crime. It also raised concern about the persistently high number of pretrial detainees and called for better training for prosecutors and judges, adequate resources, and clear regulations to support using non-custodial alternatives. The Committee welcomed the State party's initial efforts to move toward a deinstitutionalised model of psychiatric and social care but was concerned about the continued lack of community-based services and legal safeguards for residents, particularly regarding complaint mechanisms and reviews of involuntary placements. It urged the State party to strengthen legal and procedural protections in law and practice. The Committee also raised concerns about the use of physical and chemical restraints, recommending reduced reliance on coercion and strict compliance with domestic and international standards. France The Committee expressed its deep concern over numerous reports of excessive use of force, including lethal force, and ill-treatment by law enforcement officers, particularly during traffic stops, arrests, forced evictions, and demonstrations. It noted that these abuses disproportionately affect minorities, especially people of African descent, people of Arab origin or Muslim religion, Indigenous peoples, and non-nationals. The Committee urged France to ensure prompt, impartial investigations by an independent body, accountability for perpetrators, and adequate redress for victims and their families. The Committee was concerned about persistent prison overcrowding and poor material conditions in many detention facilities, particularly in overseas territories. It also stated its concern over ongoing violence among detainees and reports of ill-treatment by prison staff. The Committee recommended that France continue its efforts to improve detention conditions and to reduce overcrowding in prisons and other detention places, including by establishing a binding prison regulation mechanism and resorting to non-custodial measures and sentence adjustments. It further called for thorough investigations into all allegations of ill-treatment, accountability for perpetrators, redress for victims, and stronger measures to prevent, monitor and control violence among detainees. Mauritius The Committee was concerned by numerous reports of torture, deaths in police custody, and police violence and abuse in Mauritius, as well as allegations of police interference in investigations of complaints of their misconduct, victims' fear of reprisals, and ineffective protective measures. While noting the State party's pledge to adopt a code of practice and strengthen police training, the Committee urged Mauritius to ensure the Independent Police Complaints Commission is adequately resourced and empowered to investigate all torture and ill-treatment promptly, impartially and effectively and prosecute perpetrators as appropriate. It also called for stronger measures to prevent reprisals targeting victims, their families, and legal representatives. Particularly about reported deaths in police custody, the Committee noted with concern that only a few cases had led to investigations or prosecutions. It called upon Mauritius to ensure all such deaths are promptly and independently investigated, including through independent forensic examinations, in line with the Minnesota Protocol. It also asked the State party to provide the Committee with detailed data on all deaths in detention, their causes, and investigation outcomes. Monaco The Committee raised concerns about reports that the 'Maison d'arrêt de Monaco' is structurally incompatible with its current purpose and unsuitable for prolonged detention. It was also concerned that pre-trial detainees still need specific authorisation from judicial authorities to receive visitors or make phone calls. Acknowledging the authorities' land-use constraint, the Committee urged Monaco to consider moving prisoners to a new detention facility that meets international standards on deprivation of liberty and the prevention of ill-treatment. In the meantime, it recommended further efforts to improve living conditions at the current 'Maison d'arrêt de Monaco', including by allowing visits and phone calls for pre-trial detainees without requiring special authorization from the judicial authorities. The Committee was concerned about the reported precarious working conditions faced by many migrant domestic and undeclared workers, especially in the construction, hospitality, and catering sectors, as well as on private yachts. It also expressed concern over the current legislation that criminalises irregular migration. The Committee urged the State party to strengthen the labour inspectorate to better monitor the situation of migrant workers, in particular domestic workers, including with regards to their recruitment and working conditions. It also recommended increasing efforts to inform migrant workers about their rights and how to file complaints. Finally, it called on the State party to repeal the legal provisions criminalising irregular migration and to consider ratifying the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. Turkmenistan The Committee was alarmed at persistent reports of widespread torture and ill-treatment in Turkmenistan, including severe beating and other serious abuse often used to extract confessions, both in pretrial detention and prisons. It was particularly disturbed by the targeted abuse of individuals perceived to be homosexual, highlighting the discriminatory and systemic nature of such treatment. Despite some audio-visual monitoring in detention facilities, these measures have proven insufficient. The Committee said the lack of open investigations and prosecutions reflects a worrying pattern of institutional impunity. It urged the State party to adopt a zero-tolerance policy towards torture, including a clear statement from senior leadership, and to ensure all allegations are promptly investigated, perpetrators held accountable, and victims fully compensated. The Committee welcomed the adoption of the Ombudsman Act and Turkmenistan Ombudsperson's recent 'B' status accreditation by the Global Alliance of National Human Rights Institutions (GANHRI). However, it raised concerns over the Ombudsperson's limited independence and authority, particularly the failure to address serious human rights violations such as torture, enforced disappearances, and gender-based violence. The lack of received complaints also raised doubts about the accessibility and credibility of the mechanism. The Committee urged full implementation of GANHRI's 2024 recommendations, including establishing an independent body with the capacity to conduct unannounced visits to all detention sites and private interviews with detainees and respond effectively to abuse allegations. Ukraine The Committee acknowledged the challenges Ukraine faces in implementing the Convention due to the Russian Federation's full-scale aggression and occupation of its territory. Nonetheless, it recalled that the Convention applies throughout Ukraine's territory and called for the State party to take all possible steps to ensure implementation of the Convention, accountability, and access to truth, justice, and reparation for victims. While noting Ukraine's commitment to uphold international humanitarian and human rights law during the ongoing conflict, the Committee expressed concern over reports of torture, ill-treatment, and other violations against Russian prisoners of war by Ukrainian forces. It underscored that the prohibition of torture is absolute and non-derogable, that no exceptional circumstances whatsoever may be invoked as a justification of torture and that the obligations stemming from this prohibition were not subject to reciprocity, and reminded Ukraine of its obligations under international humanitarian and human rights law. The Committee asked the State party to continue to make clear condemnation of such violations at the highest levels, conduct prompt and impartial investigations into all torture allegations, and ensure full procedural safeguards, including access to medical screening upon every transfer and entry into a new facility for all captured combatants. The Committee expressed concern that initial confidential medical examinations are not routinely granted in Ukraine and are reportedly often carried out in the presence of police officers. It called upon Ukraine to guarantee fundamental legal safeguards for all detainees from the outset of deprivation of liberty, including the right to request and receive a medical examination by an independent doctor, free of charge, or a doctor of their choice, conducted out of hearing and sight of police officers, unless the doctor concerned explicitly requests otherwise. The above findings, officially known as Concluding Observations, are now available on the session page. Distributed by APO Group on behalf of United Nations: Office of the High Commissioner for Human Rights (OHCHR).
