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Introduction

Countries have been allowing protection for people and groups escaping persecution for centuries, however the current approach to protecting the rights of these individuals is based on a law that has its origins in the aftermath of the Second World War. The greatest challenge facing individuals arriving in a foreign country is to convince authorities that they are entitled to recognition as refugees. The questions that are raised by the authorities is the level of risk necessary by the standard of well-founded fear, the harm encompassed by being persecuted and the duty of the refugees to seek an internal remedy before seeking refugee protection in another country. Also important are the grounds for the protection of refugees as well as the connection required between these grounds and the risk of being persecuted. For reasons of both pragmatism and principle less developed countries which host, the greater majority of refugees, rarely contest the eligibility of refugee status for individuals arriving at its borders. The conceptual generosity of these states however does not match with the efforts of these countries to treat these refugees in line with the provisions of the refugee convention. In essence refugees in less developed countries are often socially marginalized, detained, left physically at risk and even denied the capability of meeting their most basic needs.

Who is a refugee?

Individuals who are forced to run away from their country due to the fear of persecution whether as part of a group or on individual basis due to religious, military, political or any other reason is regarded as a refugee. The meaning of a refugee has varied according to place and time but the increase in international concern on th...

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... refugees under the Refugee Convention but expanded it to incorporate individuals who are forced to leave their country not only because of persecution but also external occupation, aggression, foreign domination or other events that greatly upset public order. The definition in this instrument is far wider than the definition of the UN convention and talks into consideration the reality in the developing world. Particularly of importance in the Covenant is the recognition of non-state groups as agents of persecution and does not require refugees to establish a link between them and future danger. The Convention holds that the refugees contemplate the harm adequate to force them to leave their country. The African Charter on the Rights and Welfare of the Child also provides for refugees and requires special provisions of refugee children not accompanied by parents.