A House with Two Rooms - The Advocates for Human Rights

origin, fortune, birth or other status. 58
States are therefore prohibited from discrimination against refugees in application of the rights
afforded by the OAU Refugee Convention, as well as in the application of the rights afforded by the
African Charter, 59 including the rights to life, 60 dignity, 61 the prohibition against torture, 62 personal
liberty and security, 63 health, 64 education, 65 and the rights of the accused and convicted. 66 To the
extent to which states are obligated to provide for these rights to their own citizens, which includes
the obligation to both “recognize” and “undertake to adopt legislative or other measures to give
[them] effect,” 67 states must also provide them to refugees. The African Commission has supported
this position, holding that Article 2 of the Charter “imposes an obligation on the contracting state
to secure the rights protected in the Charter to all persons within their jurisdiction, nationals or nonnationals.”
68
The right to freedom of movement has been supported by the OAU in a number of resolutions 69
and in the African Charter, which ensures that: “Every individual shall have the right to leave
any country including his own, and to return to his country. This right may only be subject to
restrictions, provided for by law for the protection of national security, law and order, public health
or morality.” 70 In addition, the OAU Refugee Convention requires a State Party to issue travel
documents “to refugees lawfully staying” in its territory so that they might travel outside of that
territory. 71 A Member State “may” issue travel documents to other refugees. 72 It is bound, however,
only to issue travel documents to persons who conform “with its laws and regulations as well as with
measures taken for the maintenance of public order” and does not engage in “subversive activities”
or “any activity likely to cause tension between Member States.” 73
The International Covenant on Economic, Social and Cultural Rights provides for compulsory
and free primary education. Additionally it provides for secondary and higher education “generally
available and accessible to all by every appropriate means, and in particular by the progressive
introduction of free education.” 74
The 2002 Report of the Special Rapporteur on the right to education noted, “[e]xpansion
of jurisprudence on the right to education at the domestic and international levels has been
supplemented by the work of national human rights institutions.” 75 The report commented:
In its resolution 2001/29, the Commission on Human Rights reiterated
the necessity to progressively ensure that primary education is compulsory,
accessible and available free to all and identified those often denied
education: girls (including pregnant girls and child-mothers); children in
rural areas; minority, indigenous, migrant and refugee children; internally
displaced children, children affected by armed conflicts, children with
disabilities, children affected by HIV/AIDS and children deprived of
558