Legal Representation for Refugees - avenues available to asylum seekers in Africa

Africa hosts about 33.5% and 17.5% of the world’s refugees and asylum-seekers, respectively.

Normally, asylum-seekers in most countries often face tremendous challenges trying to get recognised as refugees. Yet some manage to navigate the bureaucratic maze and apparently complex system with the aid of legal aid service providers, most of whom are established Non-Governmental Organisations (NGOs). Many an asylum-seeker, particularly in countries with highly individualised and legalised refugee recognition systems, have only gotten recognised as refugees after legal and/or (quasi-)judicial intervention, the latter of which is usually accessible through legal representation

The guarantee of legal aid and representation is not a right under the African Charter on Human and Peoples’ Rights which virtually all African states have ratified. However, the African Commission on Human and Peoples’ Rights that monitors the implementation of the Charter has read into it, specifically within the right to be heard, the obligation of states to provide legal aid or assistance to an accused person or a party to a civil case where the interests of justice so require. This obligation is not contained in any binding instrument but rather in non-binding guiding principles.

This short article by Caroline Nalule sets out the main ways that asylum seekers are able to access legal representation, pointing out that due to the Covid19 pandemic some of societies most vulnerable people are being left in limbo as refugee status determination processes are suspended or are operating with minimal functionality.