2) Reinforcement of the
statute of the refugee
Convention establishes a dialectical bond between the rights
and the duties of the refugee.
As regards the rights, it stresses three fundamental
principles which are asylum, not-repression and voluntary
repatriation.
Initially, the question of asylum is regulated by article 2 in
its subparagraphs 1, 4 and 5. It is prescribed with the Member States to make
all their possible to accommodate the refugees. It falls on the States not to
expel the latter, if they test difficulties of granting asylum to them,
but rather of launching a call to the other Member States. Moreover,
failing to grant asylum in a permanent way to the refugees, the host countries
have the obligation to grant temporary asylum to them.
Then, the Convention of the OAU, contrary to that of Geneva,
does not admit any limit with the principle of not-repression. Indeed, article
2 (3) makes an absolute rule of it because it prohibits to oblige a refugee to
turn over or remain in a territory where its life, its body integrity or its
freedom would be threatened.
Lastly, the Title V of Convention devotes voluntary
repatriation by putting a certain number of obligations at the load of the
country of asylum, country of origin and international community. The first
must, in collaboration with the second, to take suitable measurements for the
healthy return and except refugees who ask for their repatriation. The
second must facilitate their reinstalment, make them profit from the same
statute as his nationals and abstain from inflicting sanctions to them to have
exiled himself for any of the reasons giving rise to the situation of refugee.
In short, it falls on the African States to take care of the defense of
fundamental freedoms from these abroad more especially as according to the HCR,
Africa remains the most affected continent by the increase in the number of
refugees. As for the international community, it is invited, through the
nongovernmental organizations (ONGs), to bring all
« possible assistance likely to facilitate their
return ».
Concerning the duties, article III of Convention devotes two
categories of them. The first met with the load of the refugee obligation to
conform to the laws and payments in force like with measurements aiming to the
maintenance of law and order. The second door on prohibition to undertake
activities subversive against any of the Member States. Altogether, the refugee
should not attack safety interior and external of the State of asylum.
Cameroun also left to various other treaties worked out in
sous-régional geographical space.
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