Main Debates
- Does the OAU Convention refugee definition contain a subjective element or is the definition predicated on the mainly objective events compelling someone to flee their place of habitual residence?
- Does the OAU Convention refugee definition exclude sur-place refugees?
Main Points
- The meaning of ‘compelled to flee’
- Assessment of whether the term ‘compelled’ indicates that the OAU Convention definition has a subjective element
- Test for establishment of the causal connection between the individual’s flight and the enumerated events
- Strict interpretation of compelled to flee may exclude sur-place OAU Convention refugees
Treaties
- OAU, Convention Governing the Specific Aspects of Refugee Problems in Africa, 10 September 1969, 1001 U.N.T.S. 45.
Readings
Core
- A. Edwards, ‘Refugee Status Determination in Africa’, African Journal of International and Comparative Law, vol. 14 (2006), pp. 228-230.
- M. Sharpe, ‘The 1969 African Refugee Convention: Innovations, Misconceptions, and Omissions’ McGill Law Journal, vol. 58, no. 1 (2012), pp. 19-26.
Extended
- T. Schreier, ‘The OAU Refugee Convention Definition’ in F. Khan and T. Schreier (eds), Refugee Law in South Africa, (Cape Town: Juta, 2014), pp. 86-88.
- M. Rankin, ‘Extending the Limits or Narrowing the Scope? Deconstructing the OAU Refugee Definition Thirty Years On’, South African Journal of Human Rights, vol. 21, no. 3 (2005), pp. 430-431.