Convention Governing the Specific Aspects of Refugee Problems in Africa

In 1963, the OAU decided that a regional refugee treaty was needed in order to take account of the special characteristics of the situation in Africa. In 1969 the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa accepted the definition of the 1951 Refugee Convention and expanded it to include people who were compelled to leave their country not only as a result of persecution but also owing to:

• external aggression,

• occupation,

• foreign domination or

• events seriously disturbing public order

This definition is a wider definition than the one found in the 1951 Refugee Convention and adapts the definition to the reality of the developing world. It acknowledges that people may be forced to flee not only because of the actions of their government, but also as a result of that government’s loss of authority due to external aggression, occupation or foreign domination.

The OAU definition also has two additional key features:

1. It recognises non-state groups as perpetrators of persecution

2. It does not demand that a refugee shows a direct link between herself or himself and the future danger. It is sufficient that the refugee considers the harm sufficient to force her/him to abandon their home.

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The Rights of Refugees and Displaced Persons

Photo: After fighting broke out in Rwanda on 6 April 1994, an estimated 250,000 Rwandese swept into Tanzania over a 24-hour period in the largest and fastest refugee exodus in history. Fleeing ethnic violence, this Rwandan family has crossed the nearest border to reach Ngara, Tanzania. (Source: UNHCR)