Commission's Decision on Merits 146. The present communication turns on issues relating to the application of two important principles in international refugee and human rights law. The first issue is the effect of the Cessation Clause and its application under the 1951 United Nations Convention on Status of Refugees vis-a-vis a State Party to the African Charter. The second issue is the applicability of the non-refoulement principle based on the actions taken by the Respondent State as a consequence of the Cessation Clause. The African Commission is therefore required to determine whether or not the Respondent State, in applying the Cessation Clause, acted in a manner which amounted to the refoulement of refugees to their country of origin where they feared persecution, and hence constituting a violation of the African Charter. 147. Before analysing the instant case, it is important to clarify these concepts, namely the "cessation clause," "refoulement"and "non-refoulement." 148. Article 1(C)(5) × This Convention shall cease to apply to any person falling under the terms of section A if: He can no longer, because the circumstances in connexion with which he has been recognised as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality; Provided that this paragraph shall not apply to a refugee falling under section A(1) of this article who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality; of the 1951 UN Convention on the Status of Refugees stipulates one of the six conditions which brings to an end the refugee status and hence the protection hitherto enjoyed by a refugee during asylum in a host country, after fleeing persecution or the fear of persecution in his/her home country. Article 1(C)(5) of the 1951 UN Refugees Convention reads as follows: [t]his Convention shall cease to apply to any person, (i.e. a refugee) if [h]e can no longer, because the circumstances in connexion with which he has been recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality; Provided that this paragraph shall not apply to a refugee ...who is able to invoke compelling reasons arising out of previous persecution for refusing to avail himself of the protection of the country of nationality. 149. The 1969 OAU Convention Governing the Specific Aspects of the Refugee Problem in Africa stipulates a cessation clause of its own. Article 1(4)(e) reads as follows: [t]his Convention shall cease to apply to any refugee if (s)he can no longer, because of the circumstances in connection with which he was recognized as a refugee have ceased to exist, continue to refuse to avail himself of the protection of the country of his nationality. According to the two conventions the status of a refugee ceases when circumstances which caused the person to assume refugee status cease to exist. Such a person can no longer refuse the protection of his or her country. International protection is granted to refugees because they do not enjoy the protection of their own home countries. The Cessation Clause does not apply when compelling reasons arising out of previous persecution force a person to refuse the protection of ones country. 150. "Non-refoulement", on the other hand, is a principle which has taken an increasingly fundamental character, as one of the cornerstones of international refugee law. It prohibits the return of an individual to a country in which he or she may be persecuted.29 This principle is set out in the 1951 UN Refugee Convention, Article 33 (1)] which states that: "No Contracting State shall expel or return ("refouler") a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his or her race, religion, nationality, membership of a particular social group or political opinion."30 151. The 1969 OAU Convention Governing the Specific Aspects of the Refugee Problem in Africa31 enshrines the principle of non-refoulement in Article 2(3) of this Convention. It reads as follows: "[n]o person shall be subjected by a Member State to measures such as rejection at the frontier, return or expulsion, which would compel him to return to or remain in a territory where his life, physical integrity or liberty[/quote] would be threatened for the reasons set out in paragraphs 1 and 2." 152. Paragraphs 1 and 2 of Article 1 of the OAU Convention define the conditions which compel an individual to flee the country of his habitual residence and seek asylum in another country. 153. Having seen the applicable provisions, it is incumbent upon the Commission to determine whether the 13