Brief description:

While externalisation of refugee protection through safe third country agreements (STCAs) has been excessively examined in the literature, the focus has remained Eurocentric; a trend that reflects the Western dominance of the field of international refugee law. This approach has been facing growing criticism from Global South scholars, who argue that it disregards voices from the South, marginalising other regional perspectives and alternative legal frameworks. As a result, key aspects of externalisation policies in Africa, such as their legality, impact and enforceability under African human rights and African refugee law, remain significantly underexplored.

This research aims to fill this gap in the literature by critically examining the intersection between the STC concept as a tool of externalisation and the African legal frameworks, both historically and in contemporary practice. It will assess whether modern externalisation practices could constitute a continuation of colonial migration control, which aimed to regulate and restrict population movements across different continents, including Africa. Furthermore, the research will evaluate the role of regional and sub-regional judicial mechanisms in adjudicating disputes related to externalisation practices, including those that may emanate from STC agreements. Finally, it will apply principles of state responsibility under public international law to determine whether African recipient countries can be held accountable for violations committed against refugees and asylum-seekers during and even before the implementation of STCAs.

Methodology:

This research implements both doctrinal and empirical methodologies.

Keywords: Africa, African migration, international refugee law, International Responsibility and Cooperation with Libya, Non-refoulement-International Law-Human Rights-Bilateral Relations-Libya-Bilateral Treaties-, push-backs, Safe Third Country, the 1951 Convention relating to the Status of Refugees, OAU Convention, Externalisation, Secutritization, African Regional Refugee Law, African Commission on Human and Peoples' Rights, African Court on Human and Peoples' Rights, East African Court of Justice, ECOWAS Court of Justice, SADC Tribunal

Home University:

The University of Bristol

Faculty:

Law

Supervisor: Rachel Murray

Added to catalogue on: 09-05-2025

Additional information: