Protection of the Right to Seek and Obtain Asylum under the African Human Rights System

Copyright

Contents

Preface

Acknowledgements

Table of Cases

Table of Instruments

1. Introduction

1. Scope of the Study

2. Structure and Organisation

2. Background

1 Introduction

2. Evolution and Trends

3. The Changing Climate of Refugee Protection in Africa

4. ‘Solution’ Oriented Trends

5. Issues of Protection

5.1 Group Eligibility

5.2 Protection

5.3 Security

5.4 Voluntary Repatriation

6. Concluding Reflections

3. The Applicable Legal Framework

1. Introduction

2. The Duty to Protect

3. Human Rights and Refugee Protection

3.1. Human Rights and Refugee Protection

4. Concluding Reflections

4. The African Charter and the Protection of Refugees

1. Sources

2. Primary Duties for States

3. General Guarantees

4. Specific Individual Rights

5. Freedom of Movement, the Right to Seek and Obtain Asylum, and Protection from Expulsion under Article 12

5.1 Freedom of Movement

5.2 The Right to Seek and Obtain Asylum

5.3 Persecution

5.4 The Prohibition of Expulsion

5.5 Concluding Reflections

6. Human Dignity and the Prohibition of Torture, Inhuman, or Degrading Treatment

7. Concluding Reflections

8. Fair Hearing and Due Process

9. Fair and Impartial Due Process

10. Personal Liberty

11. Concluding Reflections

5. Access to Justice: The Right of Asylum Seekers and Refugees to Lodge Individual Complaints

1. Complaints before the African Commission

2. Complying with the Procedure for Communications

2.1 Admissibility Requirements

2.2 Communication Must Relate to Violations Occurring after a State Ratified Charter

2.3 Communication Should Indicate the Names and Contact Addresses of the Authors

2.4 Communications Should Be Compatible with both the AU Constitutive Act and the African Charter

2.5 Communications Should Be Sent after Exhausting Local Remedies Unless It Is Obvious that the Pursuit of Such Remedies will be Unduly Prolonged

2.6 Communications Should Be Submitted Soon after the Exhaustion of Domestic Remedies

2.7 Communications Should Not Be Submitted to both the African Commission and Another International Tribunal at the Same Time or after Being Decided by Another International Body

2.8 Provisional or Interim Measures

2.9 Procedure on Admissibility

2.10 The Merits Phase

2.11. Identifying Cases That Are Appropriate for Consideration by the Commission

2.12 Observations on Preparing a Case to Be Brought to the Commission

3. Concluding Reflections

4. The African Human Rights Court

6. Protection Techniques

1. Introduction

2. A Collaborative Approach

3. Mutuality

4. Concluding Reflections

7. Case Studies

1. Introduction

2. The General Case Study

3. Issues in the General Case Study

4. Other Issues That May Be Raised before the Commission

5. Jurisprudence of the African Commission Specific to the Case Study

6. Case Studies from Southern Africa

6.1 Difficulty of Accessing Asylum Process and of Renewing Refugee Permits

6.2 Right to Seek Asylum

6.3 Right to Travel Documents and Re-Availement of National Protection

7. Case Studies from West Africa

7.1 Refugee Status Determination and Protection

Appendices

Appendix I

African Charter on Human and Peoples’ Rights

Appendix II

Rules of Procedure of the African Commission on Human and Peoples’ Rights

Appendix III

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights, 9th June 1998 AU Doc. AU/LEG/EXP/AFCHPR/PROT (III)

Appendix IV

Protocol on the Statute of the Statute of the African Court of Justice and Human Rights

Appendix V

Convention Relating to the Status of Refugees 189 U.N.T.S. 150, Entered into Force April 22, 1954

Appendix VI

Protocol Relating to the Status of Refugees

Appendix VII

Final Rules Of Court For Publication After Harmonization

Appendix VIII

Protocol to the African Charter on Human and Peoples’ Rights on the Rights of Women in Africa, Adopted by the 2nd Ordinary Session of the Assembly of the Union, Maputo, July 11–August 13, 2003. Entry into Force 25th November 2005

Appendix IX

International Conference on the Great Lakes Region/Protocol on the Property Rights of Returning Persons

Appendix X

Conclusions and Recommendations of the Consultative Meeting Between the African Commission on Human and Peoples’ Rights and the United Nations High Commissioner for Refugees

Appendix XI

The Addis Ababa Document on Refugees and Forced Population Displacements in Africa

Index