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

Abstract

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.