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


The use of international human rights machinery to protect refugees has acquired an important dimension in recent years. This is true of both the United Nations treaty body system and the African, European and Inter-American regional systems of of human rights. The result is a dynamic international invigoration of traditional refugee law that, in contradistinction, tends to be applied at the level of national courts and tribunals. Yet the precise role of human rights in the protection of refugees is sometimes viewed with suspicion and uncertainty. This Commentary provides a valuable insight into the use of human rights in the protection of refugees through the prism of the African Human Rights System.

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Chaloka Beyani is Senior Lecturer in International Law at the London School of Economics and Political Science and. He is also the UN Special Rapporteur on the Human Rights of Internally Displaced Persons and has taught law previously at the Universities of Oxford and Zambia.
Preface; Cases; Instruments;
1. Introductory
1.1 Scope of the Study ;1.2 Structure and Organization;
2. Background
2.1 Introduction; 2.2 Evolution and Trends; 2.3 The Changing Climate of Refugee Protection in Africa; 2.4 Solution Oriented Trends; 2.5 Issues of Protection; 2.6 Concluding Reflections;
3. The Applicable Legal Framework
3.1 Introduction; 3.2 The Duty to Protect; 3.3 Human Rights and Refugee Protection; 3.4 Concluding Reflections
4. The African Charter and the Protection of Refugees;
4.1 Introduction; 4.2 Primary Duties for States; 4.3 General Guarantees; 4.4 Specific Individual Rights; 4.5 Freedom of Movement, the Right to Seek and Obtain Asylum, and Protection from Expulsion; 4.6 Concluding Reflections; 4.7 Human Dignity and the Prohibition of Torture, Inhuman and Degrading Treatment; 4.8 Concluding Reflections; 4.9 Fair Hearing and Due Process; 4.10 Personal Liberty; 4.11 Concluding Reflections;
5. Access to Justice: The Right of Asylum Seekers and Refugees to Lodge Individual Complaints
5.1 Introduction: Complaints before the African Commission; 5.2 Complying with the Procedure for Communications; 5.3 Concluding Reflections; 5.4The African Human Rights Court;
6. Protection Techniques
6.1 Introduction; 6.2 A Collaborative Approach; 6.3 Mutuality; 6.4 Concluding Reflections;
7. Case Studies
7.1 Introduction; 7.2 The General Case Study; 7.3 Issues in the General Case Study; 7.4 Other Issues that may be raised before the Commission; 7.5 Jurisprudence of the African Commission Specific to the Case Study; 7.6 Case Studies from Southern Africa; 7.7 Case Studies from West Africa;
Appendices; Index.
All those interested in the relationship between human rights and refugee protection in general, and in the African Human Rights System in particular. Scholars, lawyers, advocates, and civil society interested in the protection of human rights and refugees.
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