OAU Convention Governing the Specific Aspects of Refugee Problems in Africa

OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
Name	OAU Convention Governing the Specific Aspects of Refugee Problems in Africa
Type	Regional refugee law treaty
Date signed	10 September 1969
Location signed	Addis Ababa, Ethiopia
Date effective	20 June 1974
Condition effective	Ratification by one-third of OAU member states
Signatories	41
Parties	46
Depositor	OAU (now African Union)
Languages	English and French
Wikisource	OAU Convention Governing the Specific Aspects of Refugee Problems in Africa

OAU Convention Governing the Specific Aspects of Refugee Problems in Africa is a pivotal regional treaty that expands upon the global Refugee Convention. Adopted under the auspices of the Organisation of African Unity, it entered into force in 1974 and remains a cornerstone of international refugee law on the continent. The convention is celebrated for its broader, more context-specific refugee definition and its emphasis on African solutions to African problems.

Background and Historical Context

The convention was drafted against the backdrop of widespread displacement following the decolonization period and liberation struggles across the continent, such as those in Algeria, Angola, and Mozambique. The existing United Nations framework, particularly the 1951 Refugee Convention and its 1967 Protocol, was seen as inadequate for addressing the unique mass influx situations and root causes prevalent in Africa. Key figures within the Organisation of African Unity, informed by the work of the United Nations High Commissioner for Refugees, championed a regional approach. The treaty was formally adopted at the OAU's Assembly of Heads of State and Government in Addis Ababa in 1969, reflecting the political will of newly independent states like Tanzania, Zambia, and Nigeria to foster solidarity and burden-sharing.

Key Definitions and Principles

A landmark contribution of the convention is its expanded refugee definition in Article I(2), which includes persons fleeing "external aggression, occupation, foreign domination or events seriously disturbing public order." This objectively assessed definition covers victims of events like the Nigerian Civil War and apartheid in South Africa. The convention upholds fundamental principles including non-refoulement, a cornerstone also found in the Geneva Conventions. It strongly advocates for the voluntary nature of repatriation and introduces the concept of asylum as a peaceful and humanitarian act that should not be viewed as unfriendly by any member state.

Rights and Obligations of Refugees

Refugees are granted rights similar to those in the 1951 Refugee Convention, including freedom of movement, access to courts, and rights to employment and education. They are obliged to conform to the laws and regulations of their host country and abstain from subversive activities against any OAU member state, particularly their country of origin. The convention specifically calls for the separation of civilian refugees from political actors, addressing concerns about refugee camps being used for activities against states like Rhodesia or Portuguese colonies.

Rights and Obligations of States

State parties have the sovereign right to grant asylum but are prohibited from expelling refugees lawfully in their territory except for national security or public order reasons. They bear the primary duty to protect refugees and are urged to cooperate with the United Nations High Commissioner for Refugees. A critical obligation is towards refugee settlement, where states should, as far as possible, locate refugees away from the frontier of their country of origin to ensure security and stability, a lesson learned from conflicts in the Horn of Africa.

Institutional Framework and Implementation

The Organisation of African Unity (succeeded by the African Union) serves as the depository and monitoring body. Implementation relies on national legislation by states such as Kenya, Uganda, and South Africa. The convention's provisions are often invoked in the work of the African Commission on Human and Peoples' Rights and its counterpart, the African Court on Human and Peoples' Rights. Coordination with the United Nations High Commissioner for Refugees remains essential for operational support in major displacement situations, from the Great Lakes refugee crisis to the Darfur conflict.

Relationship with Other International Instruments

The convention complements and reinforces the 1951 Refugee Convention, to which most African states are party. It is also interpreted in harmony with broader human rights instruments like the African Charter on Human and Peoples' Rights and the International Covenant on Civil and Political Rights. This creates a layered legal regime where the OAU Convention provides the regional specificity, while the United Nations system offers a universal baseline, as seen in joint operations in countries like Chad and Sudan.

Legacy and Impact

The convention's legacy is profound, directly influencing later instruments like the Cartagena Declaration in Latin America. It has shaped national refugee policies across the continent, from Tanzania's open-door policies to Ghana's Refugee Act. The expanded refugee definition has provided protection to millions fleeing events like the Rwandan Genocide and the Somali Civil War. Its principles continue to guide the African Union's approach to contemporary crises in the Sahel and Central African Republic, affirming its status as a visionary and enduring framework for international protection.

Category:African Union Category:Refugee law Category:Treaties concluded in 1969 Category:Treaties entered into force in 1974