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THE RIGHTS OF REFUGEES: THE INFLUENCE OF REGIONAL AND INTERNATIONAL TREATIES IN AFRICAN COUNTRIES

THE RIGHTS OF REFUGEES: THE INFLUENCE OF REGIONAL AND INTERNATIONAL TREATIES IN AFRICAN COUNTRIES

This article critically examines the relationship between democracy, state sovereignty, and the protection of refugees’ rights in Southern Africa, with particular focus on Zambia, Angola, and the Democratic Republic of Congo (DRC). Drawing on Hannah Arendt’s theory that rights are secured through membership in a political community, it interrogates whether refugees excluded
from the demos can meaningfully enjoy human rights protection. The study analyses restrictions on freedom of movement and political participation, especially the right to vote, under domestic refugee laws and international instruments including the 1951 Refugee Convention, its 1967 Protocol, and the OAU Convention. While Zambia and Angola maintain reservations limiting
refugees’ freedom of movement, the DRC presents a contrasting yet complex case of formal legal guarantees amid weak democratic structures. The article argues that state sovereignty often operates as a barrier to the full realization of refugees’
rights, reinforcing political exclusion despite states’ international obligations. However, the existence of regional and international refugee frameworks challenges Arendt’s assertion by demonstrating that rights need not depend exclusively on political membership. The paper concludes that only a democracy genuinely grounded in human rights principles can ensure effective protection of refugees, and it recommends stronger domestication and implementation of international refugee law within host states.

Keywords: Refugees; Democracy; State Sovereignty; Freedom of Movement

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