Critical Analysis of the Principle of Non-Refoulement and the Protection of Refugee Rights: Case Study Tanzania

Abstract

Abstract

The principle of non-refoulement constitutes the cornerstone of international refugee law and one of the most fundamental obligations imposed upon States in the protection of refugees and asylum seekers. Codified under Article 33(1) of the 1951 Convention Relating to the Status of Refugees and reinforced by Article II(3) of the 1969 OAU Convention Governing the Specific Aspects of Refugee Problems in Africa, it prohibits States from expelling, rejecting, extraditing, or otherwise returning any person to a territory where his or her life, liberty, or freedom would be threatened on account of race, religion, nationality, membership of a particular social group, political opinion, or other serious forms of persecution. The prohibition has attained the status of customary international law and is further strengthened by Article 3 of the Convention against Torture (CAT), Article 7 of the International Covenant on Civil and Political Rights (ICCPR), and the jurisprudence of international and regional human rights bodies. Tanzania has historically been recognised as one of Africa's leading refugee-hosting countries, accommodating refugees from Burundi, Rwanda, the Democratic Republic of Congo (DRC), and neighbouring States for more than six decades. Nevertheless, evolving national security concerns, resource constraints, restrictive refugee policies, and allegations of forced or coerced repatriation have generated significant concerns regarding compliance with the principle of non-refoulement. This article critically examines the legal foundation, scope, and application of non-refoulement under international, regional, and domestic law and evaluates Tanzania's legal and institutional framework in light of recent developments. It argues that although Tanzania possesses an adequate legal framework, significant gaps remain between the law and its implementation. The article concludes by proposing legislative, institutional, and policy reforms aimed at strengthening refugee protection while maintaining legitimate national security interests. The study adopts a qualitative doctrinal legal research methodology, primarily based on the systematic analysis and interpretation of legal and documentary sources. Primary sources include international and regional treaties, the Constitution of the United Republic of Tanzania, the Refugees Act, relevant regulations and policies, and judicial decisions. Secondary sources include books, journal articles, academic publications, UNHCR reports, and other relevant refugee-protection materials.