interaction between international obligations and domestic legal systems therefore plays a
significant role in determining the extent to which legal frameworks contribute to conflict prevention,
social inclusion, and long-term peacebuilding.
2.2.1
International Instruments
Africa's countries are party to core international instruments: the 1951 Convention Relating to the
Status of Refugees (and its 1967 Protocol) sets baseline refugee rights (non-refoulement, legal
status, etc.), including the expanded OAU refugee definition.16
The 1961 Convention on the Reduction of Statelessness and the 1954 Convention on
Stateless Persons establish international standards to prevent and protect stateless persons.
Although these statelessness treaties have far fewer African signatories than global treaties, African
states have increasingly acceded in recent years.17
The UN Guiding Principles on Internal Displacement (1998) — while non-binding — are
widely referenced; they define IDPs and affirm rights such as protection and humanitarian
assistance.
Key international instruments are summarized in Table 1. The table includes both Regional
and International Refugee Conventions (1969/2009 and 1951/1967 respectively), the 1954/1961
Statelessness Conventions, and the UN Guiding Principles on IDPs. All obligate signatories to
respect basic rights and to collaborate but offer limited enforcement mechanisms.
Table 1: Key Legal Instruments on Displacement and Statelessness
Instrument
Type
1951
Refugee
Convention
(with 1967
Protocol)
1969 OAU
Convention
on Refugees
Date
Scope /
Notes
Key Provisions
AU State
Parties
Internationa 1951 (1967
l treaty
Protocol)
Global
refugee
definition;
durable
solutions.
Refugee rights (nonrefoulement, legal
residence, identity
docs); refugee
status criteria.
Many
African
states are
signatories;
defines
'refugee'
narrowly by
persecution
grounds.
AU
Regional
treaty
Specific to
Africa.
Expanded refugee
definition: includes
fleeing 'external
aggression,
occupation, foreign
domination, or
events seriously
disturbing public
All AU
members;
supersedes
1951 where
more
favourable.
1969
16 Convention Relating to the Status of Refugees (n 1); Protocol Relating to the Status of Refugees (n 1);
OAU Convention (n 2).
17 Convention on the Reduction of Statelessness (n 1); Convention relating to the Status of Stateless Persons
(n 1); UNHCR, Handbook on Protection of Stateless Persons (n 1) 1–3.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents