The Regional Law of Refugee Protection in Africa

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part One analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Conventions drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and complementary relationships between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part Two focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.

Marina Sharpe is a Banting Post-Doctoral Fellow at McGill Universitys Faculty of Law. She holds a DPhil in law from the University of Oxford, where she studied as a Trudeau Scholar, degrees in civil and common law from McGill, an MSc in international development from LSE, and a BA in economics from McGill. She is called to the bars of New York and England & Wales and practiced law with Cravath, Swaine & Moore LLP. She has also worked with refugee rights NGOs in Africa, Europe and North America, as well as with UNHCR.