A House with Two Rooms - The Advocates for Human Rights

ii. rightS of refugeeS
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Appendix C
The 1951 Refugee Convention provides that refugees shall be accorded the same treatment as
a national in matters pertaining to access to the courts, including legal assistance; 37 elementary
education; 38 public relief and assistance; 39 labor protections and social security; 40 and finally, “[w]
here a rationing system exists, which applies to the population at large and regulates the general
distribution of products in short supply, refugees shall be accorded the same treatment as
nationals.” 41
In addition, refugees are to be accorded “the most favourable treatment accorded to” nationals of
a foreign country or other aliens under similar circumstances, with regard to acquisition of movable
and immovable property, 42 right of association, 43 the right to engage in wage earning employment, 44
and self-employment; 45 housing rights; 46 the right to education beyond elementary education,
including in the award of scholarships; 47 and freedom of movement and the right to freely choose
place of residence. 48
Both the 1951 Refugee Convention and the OAU Refugee Convention prohibit discrimination
between groups of refugees. Article 3 of the 1951 Refugee Convention states: “The Contracting
States shall apply the provisions of this Convention to refugees without discrimination as to race,
religion or country of origin,” while the OAU Refugee Convention expands the prohibition to
discrimination based on membership of a particular social group or political opinions. 49
In addition, major international human rights instruments apply equally to citizens and noncitizens
alike, as set forth in the Universal Declaration of Human Rights, which states: “Everyone
is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any
kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status.” 50 The principle of equality and non-discrimination is reiterated in
the International Covenant on Economic, Social and Cultural Rights, 51 International Covenant on
Civil and Political Rights, 52 the Convention on the Elimination of All Forms of Discrimination
Against Women, 53 and the Convention on the Rights of the Child. 54 While the Convention on the
Elimination of All Forms of Racial Discrimination allows for States to distinguish among citizens
and non-citizens under limited circumstances, 55 States may do so only in a manner that avoids
undermining the basic prohibition of discrimination. 56
Similarly, under the African Charter, states must ensure that all individuals are equal before the law, 57
and:
Every individual shall be entitled to the enjoyment of the rights and freedoms recognized
and guaranteed in the present Charter without distinction of any kind such as race, ethnic
group, color, sex, language, religion, political or any other opinion, national and social