Non-refoulement Principle and Its Application to Refugees and Asylum Seekers Who Have Committed Offences in Africa

Abstract

Abstract The 1951 Convention Relating to the Status of Refugees and the 1969 African Union Convention Governing the Specific Aspects of Refugee Problems in Africa have been ratified by many African States. These treaties deal with, inter alia, the principle of non-refoulement generally and the protection of asylum seekers or refugees convicted of offences. Some States in Eastern and Southern Africa have also enacted domestic legislation giving effect to these treaties and the principle of non-refoulement is provided for in most of these pieces of legislation, albeit sometimes in different ways. This article assesses legislation and case law from Eastern and Southern African States to demonstrate how courts have dealt with the principle of non-refoulement in the context of refugees and/or asylum seekers who have been convicted of offences. It also considers relevant legislation and case law prohibiting extradition if there are grounds to believe that the extradited person could be subjected to torture in a receiving State.