FIGHT OR FLIGHT? EXAMINING THE NON-REFOULEMENT PRINCIPLE: A CASE STUDY OF MOZAMBICAN FORCED MIGRANTS IN TANZANIA

Abstract

The thesis examines the non-refoulement principle – protecting forced migrants fleeing persecution by Non-state actors (NSAs). The non-refoulement principle is seen as a quintessential principle in Refugee Law; it prohibits countries from refouling asylum seekers under five limited grounds through which an asylum seeker qualifies as a refugee. The thesis explores the Mozambican forced migrants in Tanzania case, highlighting the dual nature of being refugees under regional convention and forced migrants under International Law(IL). Critical legal methodology and textual and intertextual analysis examine the interplay between law and other factors that may contribute to reinterpreting the non-refoulement principle, such as international relations and national security. The objective is to dissect ethical and legal dilemmas and relevant concepts regarding the non-refoulement principle that may impede or complicate its practical application. A further aim is to examine the non-refoulement principle regarding its different formulations across legal instruments and the extent of compliance with international human rights standards. The thesis finds that existing criteria for an individual who may qualify as a refugee under 1951 Convention Relating to the Status of Refugees and its Protocol 1967 require an expansion, as they do they entirely address the nuances that have emerged since the principle was created. On the contrary, the scope of the protection granted by International Human Rights Law(IHRL) general principles provides a broader spectrum. The thesis concludes with the importance of reaching a consensus among different countries on who is deemed a “refugee” in regional and international legal instruments, as this is instrumental in ensuring adequate protection and avoiding legal indeterminacy. Finally, there is a need to enhance accountability and guarantee redress for the affected individuals.

Date of Award	2024
Original language	American English
Awarding Institution	HBKU College of Law