International Law and the Rights of Refugees: A Case Study of Nigerian Asylum Seekers in South Africa

📖 ABSTRACT/OVERVIEW

This study investigates the rights of Nigerian asylum seekers and refugees in South Africa under international refugee law, with emphasis on the 1951 Refugee Convention, its 1967 Protocol, and the 1969 OAU Refugee Convention. Nigeria contributes a significant proportion of migrants and asylum seekers in South Africa, yet many face systemic barriers including xenophobic violence, administrative delays, and limited access to social services. Through a descriptive legal analysis drawing on recent academic publications, UNHCR reports, and NGO documentation, this research assesses the extent to which South Africa fulfils its non-refoulement obligations and guarantees the basic rights of Nigerian nationals seeking protection. The paper contextualises its findings within the broader migration crisis in Africa, where climate change, economic instability, and political violence continue to displace populations across borders. It examines the interaction between international refugee law and South Africa's domestic Immigration Act, identifying points of inconsistency and enforcement failure. Findings indicate that while South Africa has a comparatively progressive legal framework for refugee protection, practical implementation is hampered by institutional weaknesses and public hostility toward migrants. The study recommends legislative reforms, increased funding for refugee status determination processes, and stronger diplomatic engagement between Nigeria and South Africa on migration management. Keywords: refugee law, asylum seekers, non-refoulement, South Africa, Nigerian migrants.

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