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