Regional refugee protection instruments Three regional refugee protection instruments reflect the current consensus of States at the regional level on what constitute valid reasons for refusing the protection of one’s country of nationality: • • • The 1969 Convention Governing the Specific Aspects of Refugee Problems in Problems in Africa; The 1984 Cartagena Declaration on Refugees; and Council Directive 2004/83/EC of the European Union on “minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted” (hereinafter “EU Qualification Directive”). 1969 Convention Governing the Specific Aspects of Refugee Problems in Problems in Africa The 1969 Convention protects persons falling within a similar refugee definition to that of the 1951 Convention/1967 Protocol191 and also every person who, owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of his country of origin or nationality, is compelled to leave his place of habitual residence in order to seek refuge in another place outside his country of origin or nationality.192 Although the 1969 Convention does not explicitly require that the latter persons who are nationals be unable or unwilling to avail themselves of the protection of the country of their nationality, such a requirement may be inferred from the 1969 Convention’s cessation clauses which inter alia stipulate that the Convention shall cease to apply to any person who “has voluntarily re-availed himself of the protection of the country of his nationality.”193 The 1969 Convention thus protects persons who are de jure or de facto stateless. In the case of persons who are de facto stateless, “valid reasons” for refusing protection are having a well-founded fear of being persecuted on one of the five grounds enumerated in the 1969 Convention, or being compelled to leave one’s place of habitual residence in the country of nationality to seek refuge abroad owing to external aggression, occupation, foreign domination or events seriously disturbing public order in either part or the whole of said country. 1984 Cartagena Declaration on Refugees The 1984 Cartagena Declaration recommends the use of a refugee definition in Latin American countries which 191 192 193 See Article 1(1) of the 1969 Convention: “For the purposes of this Convention, the term ‘refugee’ shall mean every person who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country, or who, not having a nationality and being outside the country of his former habitual residence as a result of such events is unable or, owing to such fear, is unwilling to return to it.” Article 1(2) of the 1969 Convention. Article 1(4)(a) of the 1969 Convention. 63