Journal article
National Refugee Laws in the Light of International Standards:
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Publication Details Subtitle: Some Reflections on the Refugee (Recognition and Control) Act, 1967 of Botswana Author list: Tshosa, Onkemetse Baster Publication year: 2007 Journal: University of Botswana Law Journal Volume number: 5 Start page: 49 End page: 76 Number of pages: 28 |
Botswana has experienced refugee problems since the 1960s. This reached its climax at the height of apartheid and racial discrimination in Southern Africa especially in South Africa, Zimbabwe and Namibia. Even after the independence of all the countries in the region there are still refugees in the country from some of these and other countries that need protection. One of the responses of the government was to enact the Refugee (Recognition and Control) Act, 1967 and other laws, designed to provide a legal framework for dealing with the refugee crisis. The aim of this article is to critically examine Botswana refugee laws, in particular the Refugee (Recognition and Control) Act, 1967 in order to find out whether or not it accords with international refugee standards and the extent to which Botswana, as a signatory to various international refugee conventions, fulfils its obligations under these conventions. Further, it examines whether the Act adequately protects the human rights of refugees. The article concludes that the domestic legal regime should be enhanced in order to ensure that it extends maximum protection to refugees. It, among other things, recommends that the definition of a refugee in the Act should be widened in line with the 1969 OA U Convention on Specific Aspects of the Refugee Situation in Africa to provide a better legalframework for recognition and protection of individuals who seek refugee status in the country en masse.
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