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Expert Witness Role: Cross-Country Analysis (Africa Focus)

Expert Witness Role: Cross-Country Analysis (Africa Focus)

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Photo: Africa - Jonas Bengtsson

Expert witness cross-country analysis for Africa covers comparative dynamics across Sudan, Ethiopia, Eritrea, DR Congo, Somalia, the Sahel (Mali, Burkina Faso, Niger), Cameroon, CAR, Mozambique, and other countries. Furthermore, African asylum claims arise from: armed conflicts; authoritarian governance (especially Eritrea); ethnic persecution; LGBT+ criminalisation; gender-based violence; jihadist insurgency. As a result, the OAU Convention (1969) framework — broader than the 1951 Convention — applies in many African asylum contexts. This article explores Africa comparative expert analysis.[1]

Sudan
Largest current displacement source globally
DRC
~7M displaced from M23 and other conflicts
Sahel
Jihadist insurgency in Mali, BF, Niger
OAU 1969
Broader refugee framework in Africa

Sudan

Sudan since April 2023 represents the world's largest current displacement crisis. RSF-SAF war; genocide against Masalit and other non-Arab Darfuri communities (US determination January 2025); sexual violence as weapon of war; mass disappearances; collapse of healthcare. Furthermore, Sudan generates extensive asylum claims globally. As a result, Sudan expertise is among the most demanded specialisms. Therefore, Sudan informs comparative analysis of ethnic-based atrocity crimes.[2]

Ethiopia

Ethiopia's Tigray war (2020-2022) ended with the Pretoria Agreement, but conflict persists in Amhara and Oromia regions. The UN-AU Joint Investigative Mechanism and Ethiopian Human Rights Commission documented systematic CRSV during the Tigray war. Furthermore, post-Pretoria conflicts continue. As a result, Ethiopian asylum analysis distinguishes Tigray-era persecution from current Amhara/Oromia situations. Therefore, Ethiopia expertise must engage with post-2022 dynamics.[3]

Eritrea

Eritrea remains one of Africa's most authoritarian states under President Isaias Afwerki since independence (1993). Indefinite military conscription, severe restrictions on press freedom, religious persecution (especially Pentecostals, Jehovah's Witnesses), no political opposition. Furthermore, Eritrea is consistently cited by Reporters Without Borders as one of the worst countries for press freedom. As a result, Eritrean asylum claims are among the strongest African claims. Therefore, Eritrea is comparator for closed authoritarian states.[4]

Country Main Asylum Drivers
Sudan RSF-SAF war; genocide; CRSV
Ethiopia Tigray war legacy; Amhara/Oromia continuing
Eritrea Authoritarian state; conscription; religion
Somalia Al-Shabaab; clan dynamics
DRC M23, ADF, other armed groups
Sahel (Mali, BF, Niger) Jihadist insurgency; coups
Cameroon Anglophone crisis; Boko Haram in North
CAR Continuing armed conflict
Mozambique (Cabo Delgado) Insurgency
Nigeria Boko Haram; ISWAP; ethnic-religious tensions

DR Congo

The Democratic Republic of Congo faces multiple armed conflicts. M23 in eastern DRC (2022-present); ADF (Allied Democratic Forces) Islamist insurgency; CODECO and other ethnic militias in Ituri; Mai-Mai groups. Furthermore, the conflict has internationalised — Rwanda's alleged support for M23 has driven regional tensions. As a result, DRC asylum claims engage complex armed actor analysis. Therefore, DRC expertise involves understanding multi-actor regional dynamics.[5]

"African asylum analysis must navigate diverse armed conflicts, authoritarian regimes, ethnic and religious persecution, and emerging jihadist insurgencies. The OAU Convention framework provides broader protection than the 1951 Convention alone."Working observation, Africa expert practice

Somalia

Somalia faces continuing al-Shabaab insurgency, with clan-based tensions, and humanitarian crisis. UK case law (MOJ & Ors (Return to Mogadishu) Somalia CG [2014] UKUT 442) provides framework. Furthermore, the Federal Government of Somalia with AU mission support faces ongoing challenges. As a result, Somali asylum analysis involves al-Shabaab risk, clan analysis, and humanitarian considerations. Therefore, Somali expertise informs analysis of long-running insurgencies.[6]

The Sahel

The Sahel region (Mali, Burkina Faso, Niger, Chad, parts of Nigeria, Cameroon, CAR) faces severe jihadist insurgency. JNIM (al-Qaeda-affiliated), ISGS (Islamic State Sahel), Boko Haram, and other groups. Furthermore, post-2020 coups in Mali, Burkina Faso, and Niger have shifted political dynamics. As a result, Sahel asylum claims arise from: jihadist violence; military and proxy violence (Wagner/Africa Corps); ethnic-religious conflict; mass displacement. Therefore, Sahel expertise is an increasingly important specialism.[7]

For African asylum claims: Engage with: (1) Country-specific armed conflict dynamics; (2) OAU Convention framework where applicable; (3) UN OHCHR, UNHCR country reports; (4) Africa Centre for Strategic Studies analyses; (5) African Court on Human and Peoples' Rights jurisprudence; (6) Specific armed group identification (Insight Crime equivalent for African groups).

Cameroon

Cameroon faces multiple crises. (1) Anglophone Crisis (2017-present) — Ambazonian separatists in northwest and southwest regions; (2) Boko Haram in Far North; (3) CAR refugee influx in east. Furthermore, the Anglophone crisis has produced significant displacement and human rights concerns. As a result, Cameroonian asylum claims arise from multiple contexts. Therefore, Cameroon expertise must distinguish regional dynamics.[8]

The OAU Convention Framework

The 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa provides a broader refugee definition than the 1951 Convention. Article I(2) extends to persons compelled to leave their country due to "external aggression, occupation, foreign domination or events seriously disturbing public order." Furthermore, this captures armed conflict situations not covered by the 1951 Convention persecution test. As a result, African states applying the OAU framework grant refugee status more broadly. Therefore, OAU Convention should be referenced in African asylum cases adjudicated within Africa.[9]

LGBT+ Across Africa

LGBT+ rights face severe persecution across many African countries. Criminalisation: Uganda, Nigeria, Cameroon, Senegal, Ethiopia, Sudan, many others. Recent expansion: Uganda's Anti-Homosexuality Act 2023 imposes death penalty for "aggravated homosexuality." Social persecution: pervasive even where legal status varies. Furthermore, "honour"-based family violence affects LGBT+ persons additionally. As a result, African LGBT+ asylum claims are well-grounded under PSG. Therefore, sexual orientation/gender identity is an important specialism within African asylum work.[10]

Conclusion: A Diverse Region

Africa is a diverse region with multiple distinct asylum dynamics — from authoritarian Eritrea to conflict-ridden Sudan, from jihadist Sahel to authoritarian Cameroon. Furthermore, the OAU Convention framework provides broader protection than the 1951 Convention alone. As a result, African asylum expertise involves multiple specialisms. Therefore, comparative African analysis enriches single-country case work.

Footnotes

  1. African asylum claim patterns; OAU Convention framework.
  2. Sudan war dynamics; US Genocide Determination 2025.
  3. Ethiopia Pretoria Agreement; post-2022 Amhara/Oromia.
  4. Eritrea authoritarian governance; RSF Press Freedom Index.
  5. DRC armed conflict dynamics.
  6. MOJ & Ors (Return to Mogadishu) Somalia CG [2014].
  7. Sahel jihadist insurgency dynamics 2022-2026.
  8. Cameroon Anglophone Crisis; Boko Haram.
  9. 1969 OAU Convention Article I(2).
  10. African LGBT+ criminalisation; Uganda Anti-Homosexuality Act 2023.

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