Introductory Notice
This Issues Paper was prepared as background to support deliberations by States Parties to the 1969 OAU Refugee Convention during the Experts Meeting on the Interpretation of Article I(2) of the 1969 OAU Convention, convened by the African Union Commission in Gaborone, Botswana, on 29–30 June 2026.
The views expressed in this publication are those of the author and do not necessarily represent the views of the African Commission on Human and Peoples’ Rights (ACHPR) or the United Nations High Commissioner for Refugees (UNHCR).
Author
Dr. Tamara Wood
Senior Lecturer in Law, La Trobe University
Visiting Fellow, Kaldor Centre for International Refugee Law, UNSW Sydney
Advisory Board Member, East African Centre for Forced Migration and Displacement (EACFMD)
Published by
- East African Centre for Forced Migration and Displacement (EACFMD)
- United Nations High Commissioner for Refugees (UNHCR)
- African Commission on Human and Peoples’ Rights (ACHPR)
- Konrad-Adenauer-Stiftung (KAS)
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This Issues Paper has been prepared as background to the Experts Meeting on the Interpretation of Article I(2) of the 1969 OAU Convention convened by the African Union Commission in Gaborone, Botswana on 29-30 June 2026. It is intended to support deliberations by States Parties to the 1969 OAU Refugee Convention and other stakeholders advancing refugee protection in Africa. The views expressed in this paper are those of the author. They do not represent the views of the publishing organisations.
Overview
Article I(2) of the 1969 OAU Refugee Convention is the Convention’s most celebrated feature. It is one of Africa’s chief contributions to international law-making in the post-colonial era and its normative significance stretches beyond Africa to refugee protection worldwide. By extending refugee protection beyond individuals fleeing persecution to those at risk from external aggression, occupation, foreign domination and events seriously disturbing public order, the Article I(2) refugee definition has been praised for its generosity and for addressing the realities of cross-border displacement in Africa.
To date, Article I(2) has been applied predominantly to protect people fleeing situations involving conflict, violence and political unrest. More recently, some States have applied it in other contexts, such as those involving drought and famine.
The purpose of this Issues Paper is to provide an introduction to the Article I(2) refugee definition and a reference point for further dialogue and collaboration amongst States and other stakeholders to advance its implementation in practice.
Publication Information
Wood, T. (2026). Advancing Protection under Article I(2): Interpretative Clarity, Operational Support and Pathways Forward for African States Parties to the 1969 OAU Refugee Convention. Published by EACFMD, UNHCR, ACHPR and Konrad-Adenauer-Stiftung (KAS).