Migration-Related Detention and International Law
Regional Norms and Standards:
Middle East & North-Northeast Africa
The Arab Charter on Human Rights (Revised) (2004) was adopted in 2004 by the League of Arab States, which as of mid-2008 included 22 states from the Middle East and North and Northeast Africa . The 2004 charter, which replaces the 1994 Arab Charter, entered into force in 2008. It defines and protects a broad range of civil and political rights, as well as economic, social, and cultural rights. It also creates an Arab Human Rights Committee competent to receive and examine reports submitted by states parties on measures adopted to ensure the implementation of the rights protected under the charter.
Article 14 of the Arab Charter protects the right to liberty and security of the person and determines that: Everyone has the right to liberty and security of person and no one shall be subjected to arbitrary arrest, search or detention without a legal warrant (Arab Charter on Human Rights (Revised) 2004, Art. 14.1); no one shall be deprived of his liberty except on such grounds and in such circumstances as are determined by law and in accordance with such procedure as is established thereby (Arab Charter on Human Rights (Revised) 2004, Art. 14.2); anyone who is arrested shall be informed, at the time of arrest, in a language that he understands, of the reasons for his arrest and shall be promptly informed of any charges against him and be entitled to contact his family members (Arab Charter on Human Rights (Revised) 2004, Art. 14.3); anyone who is deprived of his liberty by arrest or detention shall have the right to request a medical examination and must be informed of that right (Arab Charter on Human Rights (Revised) 2004, Art. 14.4); anyone who is deprived of his liberty by arrest or detention shall be entitled to petition a competent court in order that it may decide without delay on the lawfulness of his arrest or detention and order his release if the arrest or detention is unlawful (Arab Charter on Human Rights (Revised) 2004, Art. 14.6).
The charter also determines that all persons deprived of their liberty are to be treated humanely (Arab Charter on Human Rights (Revised) 2004, Art. Art. 20). It stipulates that non-citizens lawfully in the territory of a state party may not be expelled “other than in pursuance of a decision reached in accordance with law and after that person has been allowed to submit a petition to the competent authority, unless compelling reasons of national security preclude it.” The charter prohibits the collective expulsions of aliens (Arab Charter on Human Rights (Revised) 2004, Art. Art. 26) and guarantees the right to seek asylum (Arab Charter on Human Rights (Revised) 2004, Art. Art.28).
