lower court judges, upon the recommendation of the Supreme Council of the Judiciary. It is the opinion of
the Special Rapporteur that it would be preferable for the Supreme Council of the Judiciary to exercise
control over the selection and appointment of all judges. The law regulating the Supreme Council should
empower it to be a truly independent organ of self-government of the judiciary.
,UN Doc. E/CN.4/2000/36 (19th April 2000) at para. 11b
× 11. In spite of this new climate, the Special Rapporteur continues to be seriously concerned about the
continuation of patterns adversely affecting human rights: ...(b) The independence of the judiciary is often
undermined;
, as well as reports by Amnesty.
21 Free Legal Assistance Group, Lawyers Committee for Human Rights, Union interafricaine des droits de
l'Homme, Les témoins de Jehovah v. Zaire, Comms. 25/89, 47/90, 56/91 and 100/93, Ninth Annual Activity
Report (1996) at para.[4]0.
22 See Malawi African Association et al versus Mauritania, Consolidated Comm. 54/91, 61/91, 96/93,
98/93, 164/97, 196/97 and 210/98, para. 85.
23 Convention relating to the Status of Refugees, 189 UNTS 150, entered into force 22nd April 1954.
24 Convention Governing the Specific Aspects of Refugee Problems in Africa, 1001, UNTS 45, entered into
force 20 June 1974 and ratified by the Government of Sudan on 24th December 1972.
25 1155 UNTS 331, which entered into force on 27th January 1980.
26 2 Preambular para. 2 and para. 1(g) of Commission Resolution No.72(XXXVI) 04.
27 Article 1(A) (2) of the Convention Relating to the Status of Refugees. Although this treaty was once
temporally limited to events occurring before 1st January 1951, this temporal restriction has been removed
in countries like Sudan which have ratified the additional 1967 Protocol relating to the status of refugees,
606 UNTS 267 (entered into force 4th October 1967).
28 Paras 3 and 4 of the Respondent State Submission on the Merits.
29 Guy S. Goodwin-Gill, The Refugee in International Law (2 ed, Clarendon Press, Oxford, 1996) 120. See
also Lauterpacht and Bethlehem, The Scope and Content of the Principle of Non-Refoulement: Opinion
(UNHCR), ? 2
× Non-refoulement is a concept which prohibits States from returning a refugee or asylum seeker to
territories where there is a risk that his or her life or freedom would be threatened on account of race,
religion, nationality, membership of a particular social group, or political opinion.
(2001).
30 Convention Relating to the Status of Refugees, adopted July 28th, 1951, Art. 33, U.N. Doc.
A/CONF.2/108 (1951), 189 U.N.T.S. 150 (entered into force 22nd April 1954) [hereinafter "1951
Convention"].
31 Organisation of African Unity Convention Governing the Specific Aspects of the Refugee Problem in
Africa (10th September 1969) 1001 UNTS 45.
17