Tadesse, Alemayehu Lema (2017) The Protection against Refoulment in the African Human Rights System. Masters thesis, Addis Ababa University.
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Abstract
This paper examines the protection against refoulment in the African human rights regime. From day to day, for fear of persecution or human rights violations people flee their home country to other in order to seek asylum. On the other hand, the host states forcibly return accepted refugees and asylum seekers to their country of origin or third state. This forced return is known as refoulment. Also the research analyses the state practice of refoulment of refugees and asylum seekers as well as remedies available for violation of non- refoulment that has been taken place in East Africa notably: Kenya, Tanzania, Djibouti, Sudan and Burundi. Further it explores the legal protection of non-refoulment in the African human rights system and its effects that are more sever such as death, torture, enforced disappearance and denial of freedom of movement. The research revealed that although most East African states ratified the OAU Refugee Convention and African Charter which guaranteed the prohibition of refoulment, their practice is inconsistent with these laws. Moreover, the research examines the short comings of these two laws and recommends the Assembly of Head of States and Government of AU to amend provisions of these laws inconsistent with human rights. Finally, the study reveals substantive remedies available for violation of the right to non-refoulment, and recommends the African Charter and OAU Refugee Convention to incorporate the same.
| Item Type: | Thesis (Masters) |
|---|---|
| Uncontrolled Keywords: | Non-refoulment, Refoulment, human right, violations, protection, remedy, refugee and asylum seeker |
| Subjects: | K Law > K Law (General) |
| Divisions: | Africana |
| Depositing User: | Emmanuel Ndorimana |
| Date Deposited: | 03 Sep 2018 14:41 |
| Last Modified: | 03 Sep 2018 14:41 |
| URI: | http://thesisbank.jhia.ac.ke/id/eprint/4917 |
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