Appraisal of the Rights of Refugees’ under International Humanitarian Law

Abstract

Following the experience of World War II when several people became homeless and displaced, the United Nations took it upon
itself to address the issue of refugees by adopting the 1951 Geneva Convention Relating to the Status of Refugees.1 The
Convention was meant to protect fundamental human rights and freedom of individuals. It was also meant to help in resettlement
of displaced persons after the 2nd world war. As a result of the increase in the number of refugees around the world, the United
Nations adopted the 1967 protocol which applies to persons who became refugees after 1st January 1951. In terms of the Convention and the Protocol, refugees are entitled to the same kind of protection as nationals in a state. The international community has reiterated its commitment to the implementation of the various conventions on the protection of rights of refugees all over the world, and also seeks a lasting solution to their problems. It has however been observed that, while some
contracting states to the conventions adhere to the provisions of the conventions strictly, other states’ who are also parties to the
conventions have failed to adequately implement their international legal obligations in a holistic and transparent manner, coupled with lack of enforcement mechanisms. This paper examines refugees’ rights and the protection under the Geneva Convention 1951 and the African Union Convention Governing the Specific Aspects of Refugees 1969. The paper compares the protection offered by the two instruments. It also examines case laws and general comments and makes appropriate recommendations.