There are many international standards or instruments which protect the rights of refugees to non-refoulment. These instruments are: the United Nations convention relating to the status of refugees of 1951 and its protocol of 1967, the international covenant on civil and political rights of 1966, the United Nations convention against torture of 1989 and the Convention of the Organization of the African Unity governing the specific aspects of refugee problems in Africa adopted in 1969. These instruments play a great role in favoring the implementation of the principle of non-refoulement.
Table of Contents
1st PART: Legal basis of the principle of non-refoulement, its Beneficiaries, its Territorial application and the Exceptions to this principle
Chapter 1: The Principle of Non-Refoulement under International Human Rights Law
Chapter 2: The beneficiaries, Territorial Application and the Exceptions to the principle of non-refoulement
2nd PART: Practice of States in regard to the principle of non-refoulement: The Case of African States whom receive asylum-seekers on their territory
Chapter 3: Practice of African States in regard to the principle of non-refoulement: The Case of Democratic Republic of Congo, Burundi, Tanzania (Rwandan refugees), Sierra Leone, Ivory Coast, Ghana, Togo, Nigeria (Liberian refugees) and Cameroon (CAR refugees)
Chapter 4: Recommendations for the effective implementation of the principle of non-refoulement by all the African States: Some Proposals for change in Africa
Objectives and Topics
This work examines the implementation of the principle of non-refoulement within African states, specifically investigating the legal foundations of this international obligation and how it is practiced in the context of mass refugee influxes. The study aims to evaluate whether African nations effectively adhere to non-refoulement, identify existing gaps in its application, and propose specific recommendations for reforming refugee protection systems to better safeguard individuals fleeing persecution.
- Legal frameworks governing non-refoulement under international and regional law.
- Territorial application of non-refoulement and legitimate exceptions to the principle.
- Case studies of African states' responses to Rwandan and Liberian refugee crises.
- Analysis of challenges related to mass influx situations and state sovereignty.
- Proposals for a harmonized and more effective refugee protection system in Africa.
Excerpt from the Book
The principle of non-refoulement under the Geneva Conventions of 1949 and their Additional Protocols of 1977
The 1949 Geneva Convention on the Protection of Civilian Persons in Article 45 in part provides: "Protected Persons shall not be transferred to a Power which is not a party to the Convention. In no circumstances shall a protected person be transferred to a country where he or she may have reason to fear persecution for his or her political opinions or religious beliefs." Following the Second World War a new era began for refugees. In February 1946 the United Nations expressly accepted that "refugees or displaced persons" who expressed "valid objections" to returning their country of origin should not be compelled to do so by adopting a resolution in the UN General Assembly (Resolution 8(1) of 12 February 1946).
Summary of Chapters
1st PART: Legal basis of the principle of non-refoulement, its Beneficiaries, its Territorial application and the Exceptions to this principle: This section establishes the legal foundation of non-refoulement under international law and identifies the scope of protected beneficiaries and permitted exceptions.
Chapter 1: The Principle of Non-Refoulement under International Human Rights Law: This chapter details the promotion and protection of non-refoulement through various international instruments, including the 1951 Refugee Convention and human rights treaties.
Chapter 2: The beneficiaries, Territorial Application and the Exceptions to the principle of non-refoulement: This chapter explores which groups are entitled to protection and discusses the territorial scope of the principle alongside established legal exceptions.
2nd PART: Practice of States in regard to the principle of non-refoulement: The Case of African States whom receive asylum-seekers on their territory: This part shifts the focus to the practical application of non-refoulement by various African nations faced with significant refugee influxes.
Chapter 3: Practice of African States in regard to the principle of non-refoulement: The Case of Democratic Republic of Congo, Burundi, Tanzania (Rwandan refugees), Sierra Leone, Ivory Coast, Ghana, Togo, Nigeria (Liberian refugees) and Cameroon (CAR refugees): This chapter provides case studies on the actual implementation of non-refoulement in specific African countries during humanitarian crises.
Chapter 4: Recommendations for the effective implementation of the principle of non-refoulement by all the African States: Some Proposals for change in Africa: The final chapter offers concrete policy recommendations and proposals to improve the protection of refugees and the enforcement of the non-refoulement principle across Africa.
Keywords
Non-Refoulement, Refugee Law, International Human Rights, Asylum-Seekers, African Union, Refugee Convention, Mass Influx, Persecution, Territorial Application, Customary International Law, Humanitarian Protection, State Practice, Repatriation, Regional Instruments, Refugee Status.
Frequently Asked Questions
What is the fundamental focus of this publication?
The work primarily focuses on the implementation of the principle of non-refoulement within the African continent, analyzing both its theoretical legal standing and its practical application by various states.
What are the central themes discussed in this study?
The core themes include the legal basis of non-refoulement, the identification of protected beneficiaries, state obligations during mass influx situations, and the challenges of enforcing these international standards in practice.
What is the primary research goal of this document?
The research aims to evaluate whether African states effectively uphold the principle of non-refoulement and to provide actionable recommendations for enhancing the protection of refugees in the region.
Which scientific methodology does the author employ?
The author utilizes a legal and analytical approach, examining international conventions, regional instruments, state practice reports, and relevant jurisprudence to assess compliance with the principle of non-refoulement.
What topics are covered in the main section of the book?
The main section covers the legal foundation of non-refoulement, case studies regarding Rwandan and Liberian refugees in various African countries, and proposals for future legislative and structural reforms.
How would you characterize this work through its keywords?
The work is characterized by terms such as non-refoulement, refugee law, international human rights, state practice, and humanitarian protection.
How does the author view the OAU Convention's approach to refugees?
The author highlights that the OAU Convention is significant because it recognizes the specific needs of African states and expands the definition of a refugee to include those fleeing external aggression and public disorder.
What recommendation does the author make regarding mass influx situations?
The author suggests that while mass influx situations create unique pressures, the fundamental principle of non-refoulement must remain a constant, and that systemic, harmonized approaches are required rather than ad-hoc reactions.
- Citar trabajo
- Loyd Marcel Minka (Autor), 2017, The Implementation of the Principle of Non-Refoulement in Africa. The Protection of the Rights of Refugees in situation of Massive Influx, Múnich, GRIN Verlag, https://www.grin.com/document/358050
