AFRICAN HUMAN RIGHTS LAW JOURNAL * LLB (Botswana), LLM (Cambridge); [email protected] ** LLB (Zimbabwe), LLM (UWC/Amsterdam); Jimcall.Pfumorodze@mopipi. ub.bw (2013) 13 AHRLJ 152-177 Advancing refugee protection in Botswana through improved refugee status determination Elizabeth Macharia-Mokobi* Lecturer, Department of Law, University of Botswana; Doctoral Candidate, Centre for Human Rights, University of Pretoria, South Africa Jimcall Pfumorodze** Senior Lecturer, Department of Law, University of Botswana; Doctoral Candidate, Centre for Human Rights, University of Pretoria, South Africa Summary Botswana’s Refugee (Recognition and Control) Act has been in force since 1967. It was promulgated before Botswana became a state party to the UN Refugee Convention and its Protocol and before its accession to the OAU Refugee Convention. Refugee status determination (RSD) procedures should reach human rights standards in procedural fairness as enunciated in the Universal Declaration on Human Rights. The United Nations High Commissioner for Refugees (UNHCR) has issued several documents concerned with procedural fairness in RSD. This article takes a critical look at RSD procedures in Botswana, measuring them against human rights standards and UNHCR recommendations for fair and effective RSD procedures. The article recommends that RSD procedures be improved in order to ensure procedural fairness and reduce the risk of refoulement in deserving cases. 1 Introduction Botswana has been admitting refugees for almost half a century. In their study on migration and refugee policy in Botswana, Oucho and
Advancing refugee protection in Botswana through improved refugee status determination
Jul 11, 2023
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