International Law, African Courts, and Protection of the Rights of Refugee Children
Abstract:
Africans migrate internally and externally for economic, social, political, and other reasons. People may migrate freely in search of better opportunities to acquire more skills through education and training that can enhance their ability to improve their living standards. However, they may be forced to flee to other lands because of the fear of persecution and even death in their homelands. Many Africans have been forced to flee their homes, often with their children, because of armed conflict and gross human rights violations. In the process, these Africans have become refugees and asylum seekers in foreign lands. In 2023, it was determined that the number of Africans who have been forcibly displaced in recent times has reached over forty million and that a significant percentage of them are women and children. The UNHCR recognizes refugee children as bearers of rights enshrined in various international and regional human rights instruments. Unfortunately, many refugee children often find themselves living in inhospitable and overcrowded camps, deprived of their human rights and fundamental freedoms. The children who are born to refugee and asylum-seeking parents become refugees themselves and are extremely susceptible to becoming stateless. While an examination of case law from three African countries shows that courts throughout the continent are making significant contributions to the emerging jurisprudence on the rights of refugee and asylumseeking children, these cases also reveal several challenges to the protection of the rights of refugee children and those who are born to refugee parents. In addition, many refugee children are unable to gain access to welfare-enhancing and life-saving services, such as healthcare, education, clean water, and security. Those who are born to refugee parents face the real possibility of becoming stateless. African states are, therefore, encouraged to reform their constitutions and citizenship statutes to significantly enhance the ability of refugee children to access public services, as well as for the children of refugee parents to acquire citizenship by birth.
Recommended Citation: John Mukum Mbaku, International Law, African Courts, and Protection of the Rights of Refugee Children, 48 Fordham Int'l L.J. 353 (2025).