 Convention Governing the Specific Aspects of Refugee
Problems in Africa
THE ASSEMBLY OF HEADS OF STATE AND GOVERNMENT AT ITS SIXTH
ORDINARY SESSION (ADDIS ABABA, 10 SEPTEMBER 1969)
20 June 1974
PREAMBLE
We, the Heads of State and Government assembled in the city of Addis Ababa,
from 6-10 September 1969,
1. Noting with concern the constantly increasing numbers of refugees in Africa and
desirous of finding ways and means of alleviating their misery and suffering as well
as providing them with a better life and future,
2. Recognizing the need for and essentially humanitarian approach towards solving
the problems of refugees,
3. Aware, however, that refugee problems are a source of friction among many
Member States, and desirous of eliminating the source of such discord,
4. Anxious to make a distinction between a refugee who seeks a peaceful and
normal life and a person fleeing his country for the sole purpose of fomenting
subversion from outside,
5. Determined that the activities of such subversive elements should be
discouraged, in accordance with the Declaration on the Problem of Subversion and
Resolution on the Problem of Refugees adopted at Accra in 1965,
6. Bearing in mind that the Charter of the United Nations and the Universal
Declaration of Human Rights have affirmed the principle that human beings shall
enjoy fundamental rights and freedoms without discrimination,
7. Recalling Resolution 2312 (XXII) of 14 December 1967 of the United Nations
General Assembly, relating to the Declaration on Territorial Asylum,
8. Convinced that all the problems of our continent must be solved in the spirit of
the Charter of the Organization of African Unity and in the African context,
9. Recognizing that the United Nations Convention of 28 July 1951, as modified by
the Protocol of 31 January 1967, constitutes the basic and universal instrument
relating to the status of refugees and reflects the deep concern of States for
refugees and their desire to establish common standards for their treatment,
10. Recalling Resolutions 26 and 104 of the OAU Assemblies of Heads of State and
Government, calling upon Member States of the Organization who had not already
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done so to accede to the United Nations Convention of 1951 and to the Protocol of
1967 relating to the Status of Refugees, and meanwhile to apply their provisions to
refugees in Africa,
11. Convinced that the efficiency of the measures recommended by the present
Convention to solve the problem of refugees in Africa necessitates close and
continuous collaboration between the Organization of African Unity and the Office of
the United Nations High Commissioner for Refugees,
Have agreed as follows:
Article 1
Definition of the term "Refugee"
1. For the purposes of this Convention, the term "refugee" shall mean every person
who, owing to well-founded 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, or who, not having a nationality and
being outside the country of his former habitual residence as a result of such events
is unable or, owing to such fear, is unwilling to return to it.
2. The term "refugee" shall also apply to every person who, 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, is compelled to
leave his place of habitual residence in order to seek refuge in another place
outside his country of origin or nationality.
3. In the case of a person who has several nationalities, the term "a country of which
he is a national" shall mean each of the countries of which he is a national, and a
person shall not be deemed to be lacking the protection of the country of which he is
a national if, without any valid reason based on well-founded fear, he has not
availed himself of the protection of one of the countries of which he is a national.
4. This Convention shall cease to apply to any refugee if:
(a) he has voluntarily re-availed himself of the protection of the country of his
nationality, or,
(b) having lost his nationality, he has voluntarily reacquired it, or,
(c) he has acquired a new nationality, and enjoys the protection of the country of his
new nationality, or,
(d) he has voluntarily re-established himself in the country which he left or outside
which he remained owing to fear of persecution, or,
(e) he can no longer, because 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, or,
(f) he has committed a serious non-political crime outside his country of refuge after
his admission to that country as a refugee, or,
(g) he has seriously infringed the purposes and objectives of this Convention.
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5. The provisions of this Convention shall not apply to any person with respect to
whom the country of asylum has serious reasons for considering that:
(a) he has committed a crime against peace, a war crime, or a crime against
humanity, as defined in the international instruments drawn up to make provision in
respect of such crimes;
(b) he committed a serious non-political crime outside the country of refuge prior to
his admission to that country as a refugee;
(c) he has been guilty of acts contrary to the purposes and principles of the
Organization of African Unity;
(d) he has been guilty of acts contrary to the purposes and principles of the United
Nations.
6. For the purposes of this Convention, the Contracting State of Asylum shall
determine whether an applicant is a refugee.
Article 2
Asylum
1. Member States of the OAU shall use their best endeavours consistent with their
respective legislations to receive refugees and to secure the settlement of those
refugees who, for well-founded reasons, are unable or unwilling to return to their
country of origin or nationality.
2. The grant of asylum to refugees is a peaceful and humanitarian act and shall not
be regarded as an unfriendly act by any Member State.
3. No 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 would be threatened for the
reasons set out in Article I, paragraphs 1 and 2.
4. Where a Member State finds difficulty in continuing to grant asylum to refugees,
such Member State may appeal directly to other Member States and through the
OAU, and such other Member States shall in the spirit of African solidarity and
international co-operation take appropriate measures to lighten the burden of the
Member State granting asylum.
5. Where a refugee has not received the right to reside in any country of asylum, he
may be granted temporary residence in any country of asylum in which he first
presented himself as a refugee pending arrangement for his resettlement in
accordance with the preceding paragraph.
6. For reasons of security, countries of asylum shall, as far as possible, settle
refugees at a reasonable distance from the frontier of their country of origin.
Article 3
Prohibition of Subversive Activities
1. Every refugee has duties to the country in which he finds himself, which require in
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particular that he conforms with its laws and regulations as well as with measures
taken for the maintenance of public order. He shall also abstain from any subersive
activities against any Member State of the OAU.
2. Signatory States undertake to prohibit refugees residing in their respective
territories from attacking any State Member of the OAU, by any activity likely to
cause tension between Member States, and in particular by use of arms, through
the press, or by radio.
Article 4
Non-Discrimination
Member States undertake to apply the provisions of this Convention to all refugees
without discrimination as to race, religion, nationality, membership of a particular
social group or political opinions.
Article 5
Voluntary Repatriation
1. The essentially voluntary character of repatriation shall be respected in all cases
and no refugee shall be repatriated against his will.
2. The country of asylum, in collaboration with the country of origin, shall make
adequate arrangements for the safe return of refugees who request repatriation.
3. The country of origin, on receiving back refugees, shall facilitate their
resettlement and grant them the full rights and privileges of nationals of the country,
and subject them to the same obligations.
4. Refugees who voluntarily return to their country shall in no way be penalized for
having left it for any of the reasons giving rise to refugee situations. Whenever
necessary, an appeal shall be made through national information media and through
the Administrative Secretary-General of the OAU, inviting refugees to return home
and giving assurance that the new circumstances prevailing in their country of origin
will enable them to return without risk and to take up a normal and peaceful life
without fear of being disturbed or punished, and that the text of such appeal should
be given to refugees and clearly explained to them by their country of asylum.
5. Refugees who freely decide to return to their homeland, as a result of such
assurances or on their own initiative, shall be given every possible assistance by the
country of asylum, the country of origin, voluntary agencies and international and
intergovernmental organizations, to facilitate their return.
Article 6
Travel Documents
1. Subject to Article III, Member States shall issue to refugees lawfully staying in
their territories travel documents in accordance with the United Nations Convention
relating to the Status of Refugees and the Schedule and Annex thereto, for the
purpose of travel outside their territory, unless compelling reasons of national
security or public order otherwise require. Member States may issue such a travel
document to any other refugee in their territory.
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2. Where an African country of second asylum accepts a refugee from a country of
first asylum, the country of first asylum may be dispensed from issuing a document
with a return clause.
3. Travel documents issued to refugees under previous international agreements by
States Parties thereto shall be recognized and treated by Member States in the
same way as if they had been issued to refugees pursuant to this Article.
Article 7
Co-operation of the National Authorities with the Organization of African Unity
In order to enable the Administrative Secretary-General of the Organization of
African Unity to make reports to the competent organs of the Organization of
African Unity, Member States undertake to provide the Secretariat in the
appropriate form with information and statistical data requested concerning:
(a) the condition of refugees;
(b) the implementation of this Convention, and
(c) laws, regulations and decrees which are, or may hereafter be, in force relating to
refugees.
Article 8
Cooperation with the Office of the United Nations High Commissioner for Refugees
1. Member States shall co-operate with the Office of the United Nations High
Commissioner for Refugees.
2. The present Convention shall be the effective regional complement in Africa of
the 1951 United Nations Convention on the Status of Refugees.
Article 9
Settlement of Disputes
Any dispute between States signatories to this Convention relating to its
interpretation or application, which cannot be settled by other means, shall be
referred to the Commission for Mediation, Conciliation and Arbitration of the
Organization of African Unity, at the request of any one of the Parties to the dispute.
Article 10
Signature and Ratification
1. This Convention is open for signature and accession by all Member States of the
Organization of African Unity and shall be ratified by signatory States in accordance
with their respective constitutional processes. The instruments of ratification shall be
deposited with the Administrative Secretary-General of the Organization of African
Unity.
2. The original instrument, done if possible in African languages, and in English and
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French, all texts being equally authentic, shall be deposited with the Administrative
Secretary-General of the Organization of African Unity.
3. Any independent African State, Member of the Organization of African Unity,
may at any time notify the Administrative Secretary-General of the Organization of
African Unity of its accession to this Convention.
Article 11
Entry into force
This Convention shall come into force upon deposit of instruments of ratification by
one-third of the Member States of the Organization of African Unity.
Article 12
Amendment
This Convention may be amended or revised if any member State makes a written
request to the Administrative Secretary-General to that effect, provided however
that the proposed amendment shall not be submitted to the Assembly of Heads of
State and Government for consideration until all Member States have been duly
notified of it and a period of one year has elapsed. Such an amendment shall not be
effective unless approved by at least two-thirds of the Member States Parties to the
present Convention.
Article 13
Denunciation
1. Any Member State Party to this Convention may denounce its provisions by a
written notification to the Administrative Secretary-General.
2. At the end of one year from the date of such notification, if not withdrawn, the
Convention shall cease to apply with respect to the denouncing State.
Article 14
Upon entry into force of this Convention, the Administrative Secretary-General of
the OAU shall register it with the Secretary-General of the United Nations, in
accordance with Article 102 of the Charter of the United Nations.
Article 15
Notifications by the Administrative Secretary-General of the Organization of African
Unity
The Administrative Secretary-General of the Organization of African Unity shall
inform all Members of the Organization:
(a) of signatures, ratifications and accessions in accordance with Article X;
(b) of entry into force, in accordance with Article XI;
(c) of requests for amendments submitted under the terms of Article XII;
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(d) of denunciations, in acccordance with Article XIII.
IN WITNESS WHEREOF WE, the Heads of African State and Government, have
signed this Convention.
DONE in the City of Addis Ababa this 10th day of September 1969.States Parties
As of 06 January 1995
Total Number of States Parties: 41
Most Recent Ratification: Kenya 23 June 1992
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