How has the courts interpreted the OAU and the African Charter in relation to application of the non-refoulement principle in cases involving terrorists? Is the principle held to be absolute like the ECHR (art 3) or is it not? can anyone help me with these questions
Hi,
The non-refoulement principle, fundamental to human dignity and freedom, is enshrined in key international and regional legal documents, including the UDHR, ICCPR, and the African Charter on Human and Peoples' Rights. Unlike the stricter stance of the ECHR's Article 3, its application in Africa can vary. Certain states may restrict the right to asylum under special conditions like national security threats, using the ICCPR's 'non-derogation' provision. Nevertheless, Africa has both regional and subregional structures to tackle forced deportations and safeguard the rights of refugees.
Hope this helps.