Article III of the OAU Refugee Convention in Context: the Emergence of Subversion in the African Inter-State System.

This article focuses on the prohibition against subversion in the Organisation of African Unity (OAU) Convention Governing the Specific Aspects of Refugee Problems in Africa (OAU Refugee Convention) and its historical and political context. Adopted in 1969 amid post-colonial transitions and rising authoritarianism, the Convention frames refugee issues as intertwined humanitarian, political, and security challenges, explicitly prohibiting refugees from engaging in subversive activities against OAU member states. The study highlights how this prohibition, rooted in concerns over fragile state legitimacy and inter-state relations, lacks clear definition and has been subject to misuse by authoritarian regimes to justify violations of refugee protections, including unlawful arrests, expulsions, and refoulement. It concludes that while the prohibition serves as a norm of friendly relations among African states, its ambiguous language facilitates sovereign self-help actions that undermine both refugee rights and the principle of sovereign equality within Africa’s inter-state system.