are somewhat different. Refugees have all the rights and protections under the Conventions of the United Nations and the African Union governing the status of refugees. Asylum seekers are those that are awaiting a decision on whether they would be granted refugee status, and as such are entitled to certain of the rights and protections under the framework governing refugees. Finally, irregular migrants do not have protection under the international framework protecting refugees, but they still have the protection of the international human rights framework. 144. Who qualifies as a refugee? According to Article 1 of the 1951 UN Convention relating to the Status of Refugees, as modified by the 1967 Protocol relating to the Status of Refugees, a refugee is defined as a person who ‘owing to wellfounded 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.’ The O/AU Convention Governing Specific Aspects of Refugee Problems in Africa which entered into force in 1974 completes the UN Convention. The O/AU Convention defines a refugees as any person compelled to leave his/her country 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. 145. The international framework for the protection of refugees under the 1951 UN Convention, and the 1967 Protocol further provides as follows: Article 7: Except where this Convention contains more favourable provisions, a Contracting State shall accord to refugees the same treatment as is accorded to aliens generally. Article 13: In relation to movable and immovable property, “the Contracting States shall accord to a refugee treatment as favourable as possible and, in any event, not less favourable than that accorded to aliens generally in the same circumstances, as regards the acquisition of movable and immovable property and other rights pertaining thereto.” Article 26 of the UN Convention grants the right to choose their residence and to move freely to ‘refugees lawfully in the territory, subject to any regulations applicable to aliens generally in the same circumstances.’ 37

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