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n Tydskrif vir die Suid-Afrikaanse Reg - Die beginsel van non-refoulement as grondslag van die vlugtelingereg
The principle of non-refoulement as basis for refugee law
In this article the authors argue that the world-wide problem of the large-scale influx of refugees can only be managed if states accept their international responsibilities in this regard. This, according to them, would include an acceptance of the principle of non-refoulement. The authors first provide the background information to the ever-growing phenomenon of political refugees - in 1999 an estimate of 22.3 million refugees were recorded world-wide. They then discuss the relevant international law instruments, including, amongst others, the Universal Declaration of Human Rights (1948), the Convention Relating to the Status of Refugees (1951) and the African Charter on Human and Peoples' Rights. Against this background they then discuss the principle of non-refoulement, the mass-influx of refugees, the principle of burden-sharing and the principle of state sovereignty. Finally, the authors examine the position in South Africa (who acceded to the convention in 1995), and specifically the provisions of the Refugees Act of 1998.
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