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The Refugees Protection Act, 2007
Act No. 6 of 2007
Status not yet checkedCitizenship and immigrationAct of Parliament · 37 provisions
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Contents
- Preamble
- Section 1 — In this Act, unless the context otherwise requires–
- Section 2
- Section 3 — For the purposes of this Act, there are hereby established–
- Section 4 — (1) The Authority shall consist of—
- Section 5
- Section 6 — (1) The Implementing Agency shall be the National
- Section 7
- Section 8
- Section 9
- Section 10 — (1) Any applicant who is aggrieved by a decision of the
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16 — (1) Notwithstanding anything in the Non-Citizens
- Section 17
- Section 18
- Section 19
- Section 20
- Section 21
- Section 22
- Section 23
- Section 24
- Section 25
- Section 26
- Section 27
- Section 28 — The Government undertakes to provide to the African
- Section 29
- Section 30 — Pursuant to section 6, the National Commission for Social
- Section 31
- Section 32 — The Authority, Implementing Agency and the Appeal
- Section 33
- Schedule
- Article 34
- Schedule (2)
THE REFUGEES PROTECTION ACT, 2007
Being an Act to provide for the recognition and protection of
refugees; to enable effect to be given within Sierra Leone to the
Convention Relating to the Status of Refugees, done at Geneva on
the 28th July, 1951, to the Protocol Relating to the Status of Refugees
of the 31st January, 1967 and to the OAU Convention Governing the
Specific Aspects of Refugee Problems in Africa, done at Addis Ababa
on the 10th September, 1969; and to provide for other related matters.
[ ]
E NACTED by the President and Members of Parliament in this
present Parliament assembled.
S IGNED this13th day of July , 2007
ALHAJI AHMAD TEJAN KABBAH,
President.
LS
No. Refugees Protection Act 2007No. Refugees Protection Act 20072 3
PART I–PRELIMINARY
“Appeal Committee” means the Refugee Status Appeal
Committee established by paragraph (c) of section
3;
“asylum seeker” means a person who has expressed
a wish for asylum, whether a formal application has
been made for it or not;
“Authority” means the National Refugee Authority
established by paragraph (a) of section 3;
“authorised officer” has the meaning assigned thereto
in section 29;
“country of nationality” in relation to a person who
has more than one nationality, means each of the
countries of which that person is a national;
“Implementing Agency” has the meaning assigned
thereto in section 6;
“members of his family”, in relation to a refugee
means–
(i) any spouse of the refugee;
(ii) any unmarried child of the refugee,
including an adopted child under the
age of eighteen years; or
(iii) any person who is related to the refugee
by blood or marriage and who is
dependent upon the refugee;
“Minister” means the Minister responsible for foreign
affairs;
“minor” means a person below the age of eighteen
years;
“non-citizen” means any person who is not a citizen
of Sierra Leone;
“OAU Convention” means the Organization of African
Unity Convention Governing the Specific Aspects of
the Refugee Problem in Africa, done at Addis Ababa
on 10th September, 1969 and ratified by Sierra Leone
on 28th December, 1987;
“protected person”, in relation to a recognised refugee,
means–
(i) a member of the family of the recognised
refugee; or
(ii) a person who, under section 14, is
permitted to continue to remain
within Sierra Leone;
“protocol” means the protocol Relating to the Status
of Refugees, done at New York on 31st January 1967
and acceded to by Sierra Leone on 22nd May, 1981;
“recognised refugee” means a refugee who–
(a) has been recognised as a refugee under this
Act; or
(b) is a member of a class of persons declared to
be refugees by the Authority under paragraph
(c) of subsection (2) of section 2;
“refugee”, has the meaning assigned thereto in section
2, and includes an asylum seeker;
“separated minor”, means a minor who is separated
from both parents or from his previous legal or
customary primary care-giver, but not necessarily
from other relatives and may therefore include a child
who is accompanied by other adult family members;
Interpretation.
No. Refugees Protection Act 2007No. Refugees Protection Act 20074 5
“spouse” includes a common law spouse;
“torture” means, but is not limited to, any act by which
severe pain or suffering, whether physical or mental,
is intentionally inflicted on a person for such
purposes as obtaining from him or a third person
information or a confession; punishing him for an
act he or a third person has committed or is suspected
of having committed, or intimidating or coercing him
or a third person, or for any reason based on
discrimination of any kind, when such pain or
suffering is inflicted by or at the instigation of or
with the consent or acquiescence of a public official
or other person acting in an official capacity, but
does not include pain or suffering arising only from,
inherent in or incidental to lawful sanctions;
“United Nations Convention” means the United
Nations Convention Relating to the Status of
Refugees, done at Geneva on 28th July, 1951 and
acceded to by Sierra Leone on 22nd May, 1981;
“unaccompanied minor” means a minor who is
separated from both parents and other relatives and
is not being cared for by an adult who, by law or
custom, is responsible for doing so.
(1) Subject to this section, a person is a refugee for thepurposes of this Act, if–
(a) owing to a well-founded fear of being
persecuted for reasons of race, religion,
nationality, membership of a particular social
group or political opinion, he is outside the
country of his nationality and is unable or,
owing to such fear, is unwilling to avail
himself of the protection of that country; or
(b) not having a nationality and being outside
the country of his former habitual residence,
he is unable or, owing to a well-founded fear
of being persecuted for reasons of race,
religion, membership of a particular social
group or political opinion, is unwilling to
return to it; or
(c) owing to external aggression, occupation,
foreign domination or events seriously
disturbing public order in either part or the
whole of his country of origin or nationality,
he is compelled to leave his place of habitual
residence in order to seek refuge in another
place outside his country of origin or
nationality; or
(d) he has been considered a refugee under the
Arrangements of the 12th May, 1926 and the
30th June, 1928, or under the Conventions of
the 28th October, 1933 and the 10th February,
1938, the Protocol of the 14th September, 1939
or the Constitution of the International
Refugee Organization ; or
(e) he is a member of a class of persons declared
under subsection (2) to be refugees.
(2) Subject to subsection (3), if the Authority considers
that any class of persons are refugees as defined in paragraph (a),
(b), (c) or (d) of subsection (1), he may declare such class of persons
to be refugees, and may at any time amend or revoke such declaration:
Provided that no such amendment or revocation shall affect
the right of any person–
(a) who is a member of the class of persons
concerned and who entered Sierra Leone
before the date of such amendment or
revocation, to continue to be regarded as a
refugee for the purposes of this Act; or
Meaning of
“refugee”.
No. Refugees Protection Act 2007No. Refugees Protection Act 20076 7
(b) who is a person such as is referred to in
paragraph (a), (b), (c) or (d) or subsection (1),
to be recognised as a refugee for the
purposes of this Act.
(3) The Authority shall cause any declaration under
subsection (2), and any amendment or revocation thereof, to be
published in the Gazette and in such other manner as it considers will
best ensure that it is brought to the attention of authorised officers
and persons to whom it relates.
(4) A person shall cease to be a refugee for the purposes
of this Act if–
(a) he has committed a crime against peace, a
war crime or a crime against humanity, as
defined in any international instrument to
which Sierra Leone is a party and which has
been drawn up to make provision in respect
of such crimes; or
(b) he has committed a serious non-political
crime outside Sierra Leone prior to his
admission to Sierra Leone as a refugee; or
(c) he has been guilty of acts contrary to the
purposes and principles of the United Nations
Organization or the African Union; or
(d) having more than one nationality, he has not
availed himself of the protection of one of
the countries of which he is a national and
has no valid reason, based on well-founded
fear of persecution or on a reason referred to
in paragraph (c) of subsection (1), for not
having availed himself of its protection.
(5) A person shall cease to be a refugee for the purposes
of this Act if–
(a) he voluntarily re-avails himself of the
protection of the country of his nationality;
or
(b) having lost his nationality, he voluntarily reacquires it; or
(c) he becomes a citizen of Sierra Leone or
acquires the nationality of some other country
and enjoys the protection of the country of
his new nationality; or
(d) he voluntarily re-establishes himself in the
country which he left, or outside which he
remained owing to a reason referred to in
paragraph (c) of subsection (1), as the case
may be; or
(e) he can no longer, because the circumstances
in connection with which he was recognized
as a refugee has ceased to exist–
(i) continue to refuse to avail himself of
the protection of his country of
nationality; or
(ii) if he has lost his nationality, continue
to refuse to return to the country of his
former habitual residence:
Provided that this paragraph shall not
apply to a person who is referred to in
paragraph (d) of subsection (1) and who
satisfies the Implementing Agency that
he has compelling reasons, arising out
of persecution, for refusing so to avail
himself or so to return, as the case may
be; or
(f) he is a person referred to in paragraph (c) of
subsection (1), or is a member of a class of
persons declared under subsection (2) to be
refugees on the ground that they are refugees
as declared in paragraph (c) of subsection
(1), and–
No. Refugees Protection Act 2007No. Refugees Protection Act 2007 98
(i) he has committed a serious nonpolitical
crime outside Sierra Leone after his
admission into Sierra Leone as a
refugee; or
(ii) he has seriously infringed the purposes
and objectives of the OAU Convention.
PART II–ADMINISTRATIVE PROVISIONS
(a) the National Refugee Authority;
(b) an Implementing Agency; and
(c) a Refugee Status Appeal Committee.
(a) the Minister responsible for foreign affairs,
who shall be the chairman;
(b) the Minister responsible for internal affairs,
who shall be the vice-chairman;
(c) a representative each of the following:–
(i) Ministry responsible for education;
(ii) Ministry responsible for labour;
(iii) Ministry responsible of health;
(iv) Ministry responsible for social welfare;
(v) Ministry responsible for local
government;
(vi) National Commission for Social Action;
(vii) Office of National Security; and
(d) a representative each of the Human Rights
Commission of Sierra Leone and the United
Nations High Commissioner for Refugees
both of whom shall have advisory roles only
without the right to vote.
(2) The functions of the Authority shall be–
(a) to formulate national policy on matters
relating to refugees in accordance with
international standards;
(b) to ensure that the rights of refugees are
upheld, in accordance with the international
obligations of Sierra Leone;
(c) to make a declaration of refugee status in
respect of large scale influxes of persons
referred to in paragraph (e) of subsection (1)
of section 2, and
(d) to ensure that adequate and appropriate
facilities and services are provided for the
reception and care of refugees.
(3) The Authority shall meet for the purposes of this Act
at such time and place as the chairman may determine.
(4) The quorum for a meeting of the Authority shall be
four excluding the members referred to in paragraph (d) of subsection
(1).
(5) Each member of the Authority shall have one vote
but in the case of equality of votes, the chairman shall have a casting
vote.
Composition
and functions
of National
Refugee
Authority.
Administrative
machinery.
No. Refugees Protection Act 2007No. Refugees Protection Act 2007 1110
(6) Subject to this section, the Authority shall regulate
its own procedure.
(1) The Authority shall have a Secretariat to be located inthe Ministry responsible for foreign affairs and to
be headed by a Director appointed by the Public Service
Commission.
(2) The Secretariat shall provide administrative
and secretarial and other assistance to the Authority and the
Appeal Committee.
(3) In addition to the Director, the Secretariat shall have
such other staff as are required for the efficient performance of the
functions of the Secretariat.
(4) As head of the Secretariat, the Director shall be
responsible to the Authority for–
(a) the-day-to-day management of the affairs of
the Authority and the Appeal Committee;
(b) the administration, organisation and control
of the other staff of the Secretariat;
(c) the management of the funds and other
property of the Authority;
(d) organising cooperation with other Governments and international organizations
relevant to the functions of the Authority;
and
(e) performing such other functions as the
Authority may determine.
(5) The activities of the Secretariat shall be financed by a
fund consisting of–
(a) moneys appropriated for the purposes of the
Authority by Parliament;
(b) grants, gifts and donations made to the
Authority by any person or authority.
(6) The Authority shall keep proper books of accounts
and proper records in relation thereto and such accounts, books and
records shall be in the form approved by the Auditor-General.
(7) The financial year of the Authority shall be the same
as the financial year of the Government.
(8) The books and accounts of the Authority shall each
year be audited by an auditor appointed or authorised by the Auditor-
General, who shall submit a report on each audit to the Authority.
Commission for Social Action established by section
3 of the National Commission for Social Action Act,
2001.
(2) The functions of the Implementing Agency shall be–
(a) to undertake individual refugee status
determination of persons who are not part of
an influx in respect of whom a prima facie
declaration of refugee status has been made
by the Authority under paragraph (c) of
subsection (2) of section 4; and
(b) to handle all operational aspects of
protection and assistance of refugees.
(3) In the performance of its functions under this Act,
the Implementing Agency shall have power, subject to this Act, to
determine its own administrative rules of procedure.
Implementing
Agency.
Administrative
and secretarial
support for
Authority.
Act No. 13
of 2001.
No. Refugees Protection Act 2007No. Refugees Protection Act 2007 1312
(1) The Appeal Committee shall consist of the followingmembers, at least one of whom shall be a woman:–
(a) a judge of the Superior Court of Judicature
appointed by the Chief Justice,
(b) a representative each of the following:–
(i) Human Rights Commission of Sierra
Leone;
(ii) National Commission for Social Action,;
(iii) Christian Council and Council of Imams,
(iv) Immigration Department; and
(c) a representative from the United Nations High
Commissioner for Refugees and the Law
Officers’ Department both of whom shall have
advisory roles only without the right to vote.
(2) The Appeal Committee shall meet at such time and
place as the chairman may determine.
(3) The quorum for a meeting of the Appeal Committee
shall be three.
(4) The function of the Appeal Committee shall be to hear
and determine appeals against any decision of the Implementing
Agency–
(a) rejecting any individual application for
refugee status; and
(b) cancelling or terminating a refugee status.
(5) Subject to this section, the Appeal Committee may
regulate its own procedure.
(6) The Appeal Committee shall have a Secretary who
shall be the Director referred to in section 5.
(7) The Secretary shall take and keep as a public record
minutes of every meeting of the Appeal Committee.
PART III– APPLICATION FOR REFUGEE STATUS
(1) An application for the grant of refugee status shall bemade to the Implementing Agency, either directly or through any
authorised officer or officer of the United Nations.
(2) Any authorised officer or officer of the United Nations
to whom any person seeking recognition as a refugee first presents
himself shall refer that person to the nearest office of the Implementing
Agency and shall, as soon as possible, notify the Agency that a
person seeking refugee status has entered into or is present in Sierra
Leone.
(3) An application for recognition as a refugee received
by any authorised officer or officer of the United Nations shall be
forwarded to the Commission.
(4) The Implementing Agency shall, on receiving the
application, invite the applicant to appear before it, to provide oral or
documentary evidence, accompanied by a legal practitioner or other
person of his choice, if he so desires, whose fees or expenses, if any,
shall be paid by the Implementing Agency.
Application
for grant of
refugee
status.
Composition
and functions
of Refugee
Status Appeal
Committee.
No. Refugees Protection Act 2007No. Refugees Protection Act 2007 1514
(5) The decision of the Implementing Agency to grant or
not to grant the application shall be notified to the applicant in writing
and where the application is refused, the Agency shall give reasons
for the refusal.
(1) Female applicants for refugee status shall have theright to a female interpreter and to be interviewed, wherever possible,
by female members or officers of the Implementing Agency or the
Appeal Committee, as the case may be, as well as to be treated in
accordance with other appropriate administrative procedures.
(2) Where the applicant is an unaccompanied or
separated minor, the Implementing Agency or the Appeal Committee,
as the case may be, shall ensure that appropriate procedures are
followed, including, in the case of any unaccompanied minor, by
facilitating the appointment of an independent and authorised
representative, who shall be duty bound to act objectively in the
best interests of the minor.
Implementing Agency not to recognise him as a refugee may, through
his representative or other interested party, appeal to the Appeal
Committee, as of right, within thirty days of receiving written
notification of the decision.
(2) An appellant may be personally present at the hearing
of the appeal and may be assisted or represented by a legal practitioner
or any other person of his choice, if he desires and may provide oral
or documentary evidence.
(3) The Implementing Agency shall have the right to make
oral or written representations in respect of any decision appealed
against.
(1) The Implementing Agency shall have the power tocancel a refugee status where–
(a) a person recognised as a refugee has
fraudulently misrepresented or omitted
material facts which, if known, could have
changed the decision to recognise that
person as a refugee; or
(b) new evidence becomes available that a person
should not have been recognised as a refugee.
(2) Before cancelling a refugee status, the Implementing
Agency shall cause a written notice to be served upon the refugee–
(a) informing him of the fact that his status as a
refugee is to be reconsidered; and
(b) inviting him to make written representations
to the Implementing Agency within a period
of thirty days from the date of service of the
notice or such longer period as the Agency
may allow, regarding his status as a refugee;
and
(c) inviting him to an interview with the
Implementing Agency, accompanied by a
legal practitioner or other representative of
his choice, if he so desires.
(3) The Implementing Agency shall consider every case
notified to a refugee under subsection (2) and may make any inquiry
or investigation it thinks necessary into such case.
(4) After considering all the evidence, the Implementing
Agency–
(a) may cancel the recognition of the refugee
concerned; and
(b) shall cause the refugee concerned to be
notified of its decision in the matter, together
with reasons, within a period of twenty-one
days of the date of the decision.
Application
by females
and unaccompanied
minors.
Appeals
against
decision not
to grant
refugee status.
Cancellation
of refugee
status.
No. Refugees Protection Act 2007No. Refugees Protection Act 2007 1716
(5) Any person who is aggrieved by a decision of the
Implementing Agency to cancel a recognition as a refugee may, within
thirty days of being notified of such cancellation, appeal in writing to
the Appeal Committee as of right.
(6) The Appeal Committee shall invite the appellant to be
present at a hearing, to be assisted or represented by a legal
practitioner or any other person of his choice, if he so desires, and to
present oral or documentary evidence.
(7) The Implementing Agency may make oral or written
representations in respect of any appeal brought under this section.
(8) After considering all the evidence, the Appeal
Committee may confirm, vary or set aside the decision of the
Implementing Agency and shall cause the Implementing Agency and
the person concerned to be informed of its decision in the matter,
together with reasons.
(9) Where recognition as a refugee is cancelled, that
person and the members of his family shall be deemed not to have
been recognised as refugees:
Provided that nothing in this subsection shall prevent a
member of the family of the person concerned from applying for and
being considered as a refugee under section 8.
(1) If, at any time, the Implementing Agency afterconsulting the Office of the United Nations High Commissioner for
Refugees, considers that a person present in Sierra Leone has ceased
to be a refugee, within the meaning of subsection (5) of section 2, the
Implementing Agency may withdraw his refugee status.
(2) Before withdrawing a refugee status, the Implementing
Agency shall cause a written notice to be served upon the person
whose status as a refugee is under consideration–
(a) informing him of the fact that his status as a
refugee is to be reconsidered;
(b) inviting him to make written representations
to the Implementing Agency within a period
of thirty days from the date of service of the
notice, regarding his status as a refugee.
(c) inviting the person to an interview with the
Implementing Agency, accompanied by a
legal practitioner or any other representative,
if he so desires.
(3) The Implementing Agency shall consider every case
notified to a refugee under subsection (2) and may make any inquiry
or investigation it thinks necessary into any such case.
(4) After considering all the evidence, the Implementing
Agency–
(a) may declare that the person has ceased to
be a refugee; and
(b) may grant the person concerned an
alternative status which would allow him to
reside in Sierra Leone after the withdrawal of
his refugee status, having regard to his
previously acquired rights and links with
Sierra Leone; and
(c) shall cause the person concerned to be
notified of its decision in the matter within a
period of twenty-one days of the date of the
decision.
(5) Any person who is aggrieved by a decision of the
Implementing Agency to declare him to have ceased to be a refugee
may, within a period of thirty days of being notified of such decision,
appeal in writing to the Appeal Committee.
Withdrawal of
refugee status.
No. Refugees Protection Act 2007No. Refugees Protection Act 200718 19
(6) The Appeal Committee shall invite the appellant to be
present at a hearing, to be assisted or represented by a legal
practitioner or any other person of his choice, if he so desires, and to
present oral or documentary evidence.
(7) The Implementing Agency may make oral or written
representations in respect of any appeal brought under this section.
(8) After considering all the evidence, the Appeal
Committee may confirm, vary or set aside the decision of the
Implementing Agency and shall cause the Implementing Agency and
the person concerned to be informed of its decision in the matter.
(1) During the refugee status determination process, theapplicant has–
(a) the right to–
(i) be fully informed by the Implementing
Agency, in a language he understands,
where necessary, through an interpreter
provided free of charge by the Agency,
of the functioning of the process and of
his rights therein;
(ii) be in contact with the Office of the
United Nations High Commissioner for
Refugees or any other organisation
which may assist him;
(iii) be represented by a legal practitioner or
other person of his choice in the
process;
(iv) receive a reasoned, written decision in
the case of a negative decision; and
(b) the duty to–
(i) comply with lawful orders of the State
and co-operate with competent
authorities in the performance of their
official duties;
(ii) submit all documents in his possession
which may be used to establish his
identity, nationality, as well as the
manner of his entering Sierra Leone;
(iii) in case he does not posses any identity
documents, to certify to the competent
authorities his identity, the date and
place of birth and his family status and
details of family members;
(iv) observe all laws governing reception,
transit, registration and residence of
refugees;
(v) keep the Implementing Agency informed
of his address and comply with any
instructions of the State concerning
location of residence;
(vi) provide the competent authorities with
full and true information.
(1) Notwithstanding any other enactment, anyperson who has applied under section 8 for recognition as
a refugee, and every member of his family shall have the
right to remain within Sierra Leone–
(a) until such person has been recognised as a
refugee under that section; or
(b) in the event of the application of such person
being unsuccessful, until such person has
had an opportunity to exhaust his right of
appeal under section 10, or
Rights and
duties of
asylum
seekers during
refugee status
determination
process.
Residence in
Sierra Leone
pending
determination
of refugee
status.
No. Refugees Protection Act 2007No. Refugees Protection Act 200720 21
(c) where such person has appealed under
section 10, and his appeal has been
unsuccessful, until such person has been
allowed a reasonable time, not exceeding
three months, and, if he is in detention, has
in addition been afforded reasonable
facilities, to seek admission to a country of
his choice.
(2) The Authority may, on application being made to it
by the person concerned, extend the three-month period referred to
in paragraph (c) of subsection (1), if it is satisfied that there is a
reasonable likelihood of the person being admitted to a country of
his choice within such extended period.
PART IV–RIGHTS AND DUTIES OF RECOGNISED REFUGEES
AND PROTECTED PERSONS WITHIN SIERRA LEONE
Subject to this Act, every recognised refugee and everyprotected person within Sierra Leone–
(a) shall be entitled to the rights and be subject
to the duties contained in–
(i) the Articles of the United Nations
Convention which are set out in Part I
of the Schedule; and
(ii) the Articles of the OAU Convention
which are set out in Part II of the
Schedule;
as if the references therein to refugees
were references to recognised refugees
and protected persons; and
(b) shall be subject to all the laws in force within
Sierra Leone.
(Registration, Immigration and Expulsion) Act, 1965, the Extradition
Act, 1974, or any other enactment, a refugee or a member of his family
shall not, except on grounds that the expulsion is necessary for reasons
of national security or in pursuance of a decision reached after due
process, be rejected at the border, expelled or extradited or returned
from Sierra Leone to any country where there are substantial grounds
for believing that–
(a) he would be persecuted for reasons of race,
religion, nationality, membership of a
particular social group or political opinion,
within the meaning of the United Nations
Convention; or
(b) his life, physical integrity or freedom would
be threatened owing to external aggression,
occupation, foreign domination or events
seriously disturbing public order in a part or
the whole of that country, within the meaning
of the OAU Convention:
Provided that nothing in subsection (1) shall prevent the
expulsion, under the provisions of any law, of a refugee to any country
whatsoever where, in the opinion of the Authority after consultation
with other relevant authorities, such removal is necessary, on the
grounds of national security or where the refugee has been convicted
by a final judgment of a court of a particularly serious crime which, in
the opinion of the Authority, indicates that the refugee constitutes a
danger to the community.
(2) Notwithstanding subsection (1), no refugee or a
member of his family shall be expelled, extradited or returned from
Sierra Leone under any circumstances whatsoever to a country where
there are substantial grounds for believing that he would be in danger
of being subjected to torture, within the meaning of Article 3 of the
United Nations Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment.
Rights and
duties of
recognised
refugees.
Non-return of
refugees and
their families.
Act No. 14
of 1965.
Act No. 11
of 1974.
No. Refugees Protection Act 2007No. Refugees Protection Act 200722 23
(3) For the purposes of determining whether there are
any such grounds as are referred to in subsection (2), the Authority
shall, after consultation with other relevant authorities, take into
account all relevant considerations including, where applicable, the
existence in the country concerned of a consistent pattern of gross,
flagrant or mass violations of human rights.
(4) Where a refugee is to be the subject of an expulsion
order, State security or other relevant authorities shall immediately
notify the Minister in writing.
(5) Before an expulsion order is issued, the Minister shall
cause a written notice to be served upon the refugee who is the
subject of expulsion, informing such refugee -
(a) of the intention to expel him and the country
to which it is proposed to expel him;
(b) of his right to make representation to the
Minister.
(6) The Minister shall, within twenty-one days before an
expulsion order is issued, inform the Representative of the United
Nations High Commissioner for Refugees of the proposed expulsion,
and provide to him–
(a) a copy of the written notice issued under
subsection (4);
(b) the reasons for regarding the refugee as a
threat to national security, and
(c) assistance to have unhindered and
confidential access to the refugee during any
period of detention.
(7) A refugee, upon whom a notice has been served under
subsection (5) may, through the Representative of the United Nations
High Commissioner for Refugees, within a period of fourteen days
from the date of such service, make written representations to the
Minister, in respect of the following matters:–
(a) the necessity on the grounds of national
security of expelling him from Sierra Leone;
(b) the possibility of him being persecuted or of
his life or freedom being threatened in the
country to which it is proposed to expel him
on account of his race, religion, nationality,
membership of a particular social group or
political opinion, or on account of external
aggression, occupation, foreign domination
or events seriously disrupting public order
in part or the whole of that country; or
(c) the possibility of him being subjected to
torture in the country to which he is to be
expelled.
(8) Before the expulsion from Sierra Leone of any refugee
is ordered under subsection (1), the Minister shall, after consultation
with other relevant State authorities, give due consideration to any
representations made under subsection (7).
(9) The execution of any order for the expulsion of a
refugee shall, if such refugee or the Representative of the United
Nations High Commissioner for Refugees so requests, be delayed
for a reasonable period, and in any case not less than ninety days, to
enable such a refugee to seek admission to a country other than the
country to which he is to be expelled.
(1) Subject to this section, an authorised officer may arrestand detain any refugee whose expulsion has been ordered under
section 16 pending completion of arrangements for his expulsion
from Sierra Leone.
Detention of
refugees or
asylum
seekers
pending
expulsion.
No. Refugees Protection Act 2007No. Refugees Protection Act 200724 25
(2) A refugee who has been arrested may be
detained in a prison, police cell or other convenient place,
holding females and minors separate from male adults:
Provided that such person shall be accorded access to all
reasonable amenities necessary for his living conditions in the circumstances.
(3) An officer in charge of a prison or police cell shall
receive into custody and shall retain in custody any refugee detained
or to be detained under subsection (1) when required in writing by an
authorised officer to do so, and any refugee detained in a prison
solely by virtue of this section shall be treated as a person awaiting
trial.
(4) The Office of the United Nations High Commissioner
for Refugees shall have unhindered access to any person professing
a claim to refugees status, at any time and anywhere and shall have
the right to confidential communications with such a refugee or
asylum seeker.
(1) The Minister may, after consultation with otherrelevant State agencies, direct that a refugee awaiting expulsion shall
not be detained but shall, while he remains in Sierra Leone, be subject
to all or any of the following conditions: —
(a) that the refugee shall reside at a place or
within an area specified by the Minister;
(b) that the refugee shall not depart from the
place or area or only depart from the place
subject to such conditions as may be
specified by the Minister;
(c) that the refugee shall give recognizances for
his good behaviour in such form and subject
to such conditions as may be specified by
the Minister;
(d) that the refugee shall report to the police or
such authority as may be specified by the
Minister in such manner as he may
determine;
(e) that the refugee shall not take an active part
in the politics of Sierra Leone or of any other
country or take part in such activities, being
activities of a political nature, as may be
specified by the Minister;
(f) such ancillary or additional conditions as may
appear to the Minister to be necessary or
expedient in the circumstances of the case,
in accordance with international standards.
(2) The Minister may, at any time, withdraw or modify a
direction made under subsection (1).
(3) Any refugee to whom subsection (1) applies who fails
to comply with any condition specified in that subsection commits
an offence and shall be liable on conviction to a term of imprisonment
not exceeding six months.
(1) A person who has, in contravention of the procedurelaid down by the law, entered Sierra Leone in order to apply for
recognition as a refugee shall not be punished for that act if he arrives
directly from a country where, his life and freedom have been
threatened within the meaning of the United Nations Convention,
the Protocol and the OAU Convention.
(2) Notwithstanding any provision of the Non-Citizens
(Registration, Immigration and Expulsion) Act, 1965, but subject to
this Act, a person seeking recognition as a refugee within the meaning
of this Act, and who illegally enters Sierra Leone or is illegally present
in Sierra Leone shall not–
(a) be declared a prohibited immigrant;
(b) be detained; or
Other
measures
pending
expulsion. Nonpenalisation
of illegal
entry or stay
in Sierra
Leone.
Act No.
14 of
1965.
No. Refugees Protection Act 2007No. Refugees Protection Act 200726 27
(c) be imprisoned or penalised in any other
manner by reason of his illegal entry or
presence pending the determination of his
application for recognition as a refugee.
(1) The Authority may declare any part of Sierra Leoneto be a designated area for the reception, transit or residence of any
refugee or category thereof and may for that purpose authorise the
establishment in the designated area of refugee camps, settlements,
reception centres or way stations.
(2) The Authority may, after consultation with the
relevant agencies, make regulations, for the control and supervision
of designated areas, including in, particular, refugee camps.
The Minister may, in writing and for security or otherreasons, order any refugee, or category thereof to reside in a refugee
camp or settlement or such other place in Sierra Leone as may be
specified in the order.
Where there is a large-scale influx of persons claiming tofall within the meaning of refugees under section 2, the Authority
shall, after consultation with the Representative of the United Nations
High Commissioner for Refugees, take action in accordance with
paragraph (c) of subsection (2) of section 4, and advise relevant
State authorities on emergency measures to be taken, including -
(a) designation of areas for reception, transit and
residence of refugees, having due regard to
the security requirement for refugees to be
settled at a reasonable distance from the
frontier of their country of origin;
(b) provision of adequate and appropriate
facilities and services necessary for the group
of persons affected by the influx with
particular reference to women and children;
and
(d) ensuring the civilian and humanitarian
character of areas designated for refugees
and the sensitisation of the local population
for their reception.
PART V–FACILITATION OF LASTING SOLUTIONS
Local integration of refugees, with specific reference to therights set out in Part IV shall be facilitated by the relevant State
agencies, the Office of the United Nations High Commissioner for
Refugees and other international and non-governmental agencies.
(1) A refugee may, at any time, return voluntarily to thecountry of his nationality or habitual residence or from which he
entered Sierra Leone and any act or omission intended to prevent or
restrict or which has the effect of preventing or restricting any refugee
from voluntarily repatriating, except in the due process of law, is
hereby prohibited.
(2) The State shall respect the voluntary character of
repatriation and no refugee shall be repatriated against his will.
(3) State authorities shall collaborate with the Office of
the United Nations High Commissioner for Refugees, other relevant
agencies and the authorities of the country of origin of refugees, in
order to give every possible assistance to refugees who freely decide
to return to their homeland, with a view to ensuring voluntary
repatriation in safety and dignity.
(4) A refugee who leaves Sierra Leone on voluntary
repatriation or who ceases to be a refugee for any other cause may
take with him any movable property which he lawfully owns, but he
shall comply with any existing procedures or voluntary repatriation
agreements covering such property.
(1) Any requests made by refugees for resettlement in athird country shall be referred to the Office of the United Nations
High Commissioner for Refugees.
(2) State authorities shall, in conformity with the laws of
Sierra Leone, permit a refugee to transfer assets he has brought into
Sierra Leone, to another country where he has been admitted for the
purposes of resettlement.
Order to
reside in
designated
area.
Resettlement
in third
country.
Designated
area for
refugees.
Large-scale
influxes of
refugees into
Sierra Leone.
Local
integration.
Voluntary
repatriation.
No. Refugees Protection Act 2007No. Refugees Protection Act 200728 29
PART VI–INTERNATIONAL AND REGIONAL CO-OPERATION
The Government undertakes to co-operate with other States,the United Nations High Commissioner for Refugees, the African
Union and other international and non–governmental organisations,
with a view to protecting and assisting refugees and finding lasting
solutions to their problems.
(1) Refugees shall be entitled to assistance provided bythe United Nations High Commissioner for Refugees and other
organisations.
(2) The Government undertakes to assist the Office of
the United Nations High Commissioner for Refugees in its duty of
supervising the application of the provisions of the United Nations
Convention, the Protocol and the OAU Convention, as well as
monitoring that the rights of refugees are upheld under other relevant
human rights instruments.
(3) The Government undertakes to provide to the Office
of the United Nations High Commissioner for Refugees any
information and statistical data requested by it concerning -
(a) the condition of individual or groups of
refugees;
(b) the implementation of the United Nations
Convention, the Protocol, and the OAU
Convention;
(c) laws which are, in force relating to or affecting
refugees;and
(d) any other information relevant to protecting
and assisting refugees and finding lasting
solutions to their problems.
Union with any information and statistical data requested by it
concerning–
(a) the condition of individual or groups of
refugees;
(b) the implementation of the OAU Convention;
(c) laws which are in force relating to or affecting
refugees; and
(d) any other information relevant to protecting
and assisting refugees and finding lasting
solutions to their problems:
Provided that no information shall be given to the African
Union under this section unless it undertakes in writing to keep such
information confidential.
PART VII–MISCELLANEOUS PROVISIONS
(1) Every police officer and every immigrationofficer shall be an authorised officer for the purposes of this Act.
(2) The Minister may, by Government Notice, designate
members of other government, local or border authority to be
authorised officers for the purposes of this Act.
(3) An authorised officer may, for the purpose of
exercising his functions under this Act–
(a) subject to subsections (4) and (5), search any
person or property;
(b) take the finger-prints, palm-prints or
photograph of any recognized refugee or
protected person or any person who claims
to be a refugee for the purposes of this Act
or any member of the family of such person;
(c) question any recognised refugee or protected
person or any person who claims to be a
refugee for the purposes of this Act or any
member of the family of such person.
International
co-operation.
Co-operation
with Office of
United
Nations High
Commissioner
for Refugees.
Co-operation
with African
Union.
Authorised
officers.
No. Refugees Protection Act 2007No. Refugees Protection Act 200730 31
(4) No search of any person or property shall be
conducted under paragraph (a) of subsection (3) unless the
authorized officer concerned has reasonable grounds for believing
that the search is necessary for the prevention, investigation or
detection of–
(a) a contravention of this Act; or;
(b) a fraudulent misstatement or concealment, by
a recognised refugee, protected person or
person claiming to be a refugee for the
purposes of this Act or any member of the
family of such a person, of any fact relevant
to his identify or status.
(5) Whenever it is desired to search the body of a woman
under paragraph (a) of subsection (3), such search shall only be
made by a medical practitioner or a woman and shall be conducted
with strict regard for decency and, if there is no woman available who
is an authorised officer, such search may be made by any woman
specifically named for the purpose by an authorised officer.
Action Act, 2001, is amended as follow:–
(a) in subsection (2) of section 11 thereof—
(i) by the insertion immediately after the
word “activities” appearing in paragraph
(a) thereof of the following:–
“as well as the responsibility for
handling all operational aspects of the
protection and assistance to refugees
in accordance with the Refugees
Protection Act, 2005”;
(ii) by the insertion immediately after
paragraph (a) thereof of the following
new paragraph:–
“(aa) to undertake individual refugee
status deternination of persons who are
seeking recognition as refugees in
accordance with the Refugees
Protection Act, 2005”;
(b) in subsection (2) of section 13, by the
insertion of a comma after the word “units”
appearing therein together with the
following–
“including a Refugees Division”.
The Implementing Agency shall provide legal aid torefugees and in particular, shall be responsible for paying the fees of
legal practitioners or other persons representing or providing legal
assistance to refugees.
Committee shall each prepare and submit to the Minister within three
months after the end of each financial year a report of its activities
during that year which the Minister shall cause to be compiled for
tabling before Parliament by the Minister.
(l) The Minister may, by statutory instrument, makeregulations generally for giving effect to this Act, and for prescribing
anything required or necessary to be prescribed by or under this Act.
(2) Without prejudice to the generality of subsection (1),
regulations made under that subsection may provide for–
(a) the procedure to be followed in applications
for recognition as refugees and the form in
which such applications shall be made;
(b) the manner and form in which appeals may
be made under this Act;
Annual
reports by
Authority,
etc.Provision
relating to
NaCSA as
Implementing
Agency.
Legal aid.
Regulations.
(c) the issue of identification documents to
pesons seeking recognition as refugees and
to members of their families;
(d) the form and issue of identification and travel
documents to recognized refugees and
protected persons;
(e) the form of any order or notice required to be
served on any refugee under subsection (5)
of section 16 and the manner in which such
order or notice may be served;
(f) the control of persons who are required to
live within designated areas, including
refugee camps and the circumstances in
which such persons may reside outside such
areas;
(g) the form of any notice required to be served;
on any person under sections 11 and 12 and
the manner in which such notice may be
served;
(h) requiring employers, when considering
applications for employment made by
persons who are not citizens of Sierra Leone
to give preference to applicants who are
recognized refugees or protected persons;
(i) Co-operation and consultation with the
United Nations High Commissioner for
Refugees concerning applicants for refugee
status, the making of representations by the
High Commissioner in relation to any person
for the purposes of this Act, and the services
and assistance that may be rendered by the
High Commissioner for or on behalf of any
persons for the purposes of this Act;
(j) the form and manner in which effect shall be
given to Article 35 of the United Nations
Convention and Article II of the Protocol.
ARTICLES OF CONVENTIONS APPLICABLE TO RECOGNIZED
REFUGEES AND PROTECTED PERSONS
PART I
ARTICLES OF CONVENTION RELATING TO THE STATUS OF
REFUGEES OF THE 28TH JULY, 1951
“Article 2
General obligations
Every refugee has duties to the country in which he finds himself, which
require in particular that he conform to its laws and regulations as well as to
measures taken for the maintenance of public order.
Article 3
Non-discrimination
The Contracting States shall apply the provisions of this Convention to
refugees without discrimination as to race, religion or country of origin.
Article 4
Religion
The Contracting States shall accord to refugees within their territories
treatment at least as favourable as that accorded to their nationals with respect to
freedom to practise their religion and freedom as regards the religious education of
their children.
Article 7
Exemption from reciprocity
1. Except where this Convention contains more favourable provisions, a
Contracting State shall accord to refugees the same treatment as is accorded
to aliens generally.
32 33
2. After a period of three years’ residence, all refugees shall enjoy exemption
from legislative reciprocity in the territory of the Contracting States.
3. Each Contracting State shall continue to accord to refugees the rights and
benefits to which they were already entitled, in the absence of reciprocity,
at the date of entry into force of this Convention for that State.
4. ..................................................................................................................................
5. The provisions of paragraphs 2 and 3 apply both to the rights and benefits
referred to in Articles 13, 18, 19, 21 and 22 of this Convention and to rights
and benefits for which this Convention does not provide.
Article 8
Exemption from exceptional measures
With regard to exceptional measures which may be taken against the person,
property or interests of nationals of a foreign State, the Contracting States shall
not apply such measures to a refugee who is formally a national of the said State
solely on account of such nationality. Contracting states which, under their
legislation, are prevented from applying the general principle expressed in this
Article, shall, in appropriate cases, grant exemptions in favour of such refugees.
Article 9
Provisional measures
Nothing in this Convention shall prevent a Contracting State, in time of war
or other grave and exceptional circumstances, from taking provisionally measures
which it considers to be essential to the national security in the case of a particular
person, pending a determination by the Contracting State that that person is in fact
a refugee and that the continuance of such measures is necessary in his case in the
interests of national security.
Article 12
Personal status
1. The personal status of a refugee shall be governed by the law of the country
of his domicile or, if he has no domicile, by the law of the country of his
residence.
2. Rights previously acquired by a refugee and dependent on personal status,
more particularly rights attaching to marriage, shall be respected by a
Contracting State, subject to compliance, if this be necessary, with the
formalities required by the law of that State, provided that the right in question
is one which would have been recognized by the law of that State had he
not become a refugee.
Article 13
Movable and immovable property
The Contracting States shall accord to a refugee treatment as favourable as
possible and, in any event, not less favourable than that accorded to aliens generally
in the same circumstances, as regards the acquisition of movable and immovable
property and other rights pertaining thereto, and to leases and other contracts
relating to movable and immovable property.
Article 14
Artistic rights and industrial property
In respect of the protection of industrial property, such as inventions, designs
or models, trade marks, trade names, and of rights in literary, artistic, and scientific
works, a refugee shall be accorded in the country in which he has his habitual
residence the same protection as is accorded to nationals of that country. In the
territory of any other Contracting State, he shall be accorded the same protection
as is accorded in that territory to nationals of the country in which he has his
habitual residence.
34 35
Article 15
Right of association
As regards non-political and non-profit-making associations and trade
unions the Contracting States shall accord to refugees lawfully staying in their
territory the most favourable treatment accorded to nationals of a foreign country,
in the same circumstances.
Article 16
Access to courts
1. A refugee shall have free access to the courts of law in the territory of all
Contracting States.
2. A refugee shall enjoy in the Contracting State in which he has his habitual
residence the same treatment as a national in matters pertaining to access to
the courts, including legal assistance and exemption from cautio judicatum
solvi.
3. A refugee shall be accorded in the matters referred to in paragraph 2 in
countries other than that in which he has his habitual residence the treatment
granted to a national of the country of his habitual residence.
Article 18
Self-employment
The Contracting States shall accord to a refugee lawfully in their territory
treatment as favourable as possible and, in any event, not less favourable than
that accorded to aliens generally in the same circumstances, as regards the right to
engage on his own account in agriculture, industry, handicrafts and commerce and
to establish commercial and industrial companies.
Article 19
Liberal professions
1. Each Contracting State shall accord to refugees lawfully staying in their
territory who hold diplomas recognized by the competent authorities of
that State, and who are desirous of practising a liberal profession, treatment
as favourable as possible and, in any event, not less favourable than that
accorded to aliens generally in the same circumstances.
2. The Contracting States shall use their best endeavours consistent with
their laws and constitutions to secure the settlement of such refugees in the
territories, other than the metropolitan territory, for whose international
relations they are responsible.
Article 20
Rationing
Where a rationing system exists, which applies to the population at large
and regulates the general distribution of products in short supply, refugees shall
be accorded the same treatment as nationals.
Article 21
Housing
As regards housing, the Contracting States, in so far as the matter is
regulated by laws or regulations or is subject to the control of public authorities,
shall accord to refugees lawfully staying in their territory treatment as favourable
as possible and, in any event, not less favourable than that accorded to aliens
generally in the same circumstances.
36 37
Article 22
Public education
The Contracting States shall accord to refugees treatment as favourable as
possible, and, in any event, not less favourable than that accorded to aliens generally
in the same circumstances, with respect to education other than elementary
education and, in particular, as regards access to studies, the recognition of foreign
school certificates, diplomas and degrees, the remission of fees and charges and
the award of scholarships.
Article 25
Administrative assistance
1. When the exercise of a right by a refugee would normally require the
assistance of authorities of a foreign country to whom he cannot have
recourse, the Contracting States in whose territory he is residing shall arrange
that such assistance be afforded to him by their own authorities or by an
international authority.
2. The authority or authorities mentioned in paragraph 1 shall deliver or cause
to be delivered under their supervision to refugees such documents or
certifications as would normally be delivered to aliens by or through their
national authorities.
3. Documents or certifications so delivered shall stand in the stead of the
official instruments delivered to aliens by or through their national
authorities, and shall be given credence in the absence of proof to the
contrary.
4. Subject to such exceptional treatment as may be granted to indigent persons,
fees may be charged for the services mentioned herein, but such fees shall
be moderate and commensurate with those charged to nationals for similar
services.
5. The provisions of this Article shall be without prejudice to Articles 27 and
28.
Article 27
Identity papers
The Contracting States shall issue identity papers to any refugee in their
territory who does not possess a valid travel document.
Article 28
Travel documents
1 The Contracting States shall issue to refugees lawfully staying in their
territory travel documents for the purpose of travel outside their territory
unless compelling reasons of national security or public order otherwise
require, and the provisions of the Schedule to this Convention shall apply
with respect to such documents. The Contracting States may issue a travel
document to any other refugee in their territory; they shall in particular give
sympathetic consideration to the issue of such travel document to refugees
in their territory who are unable to obtain a travel document from the country
of their lawful residence.
2. Travel documents issued to refugees under previous international
agreements by parties thereto shall be recognized and treated by the
Contracting States in the same way as if they had been issued pursuant to
this article.
Article 29
Fiscal charges
1. The Contracting States shall not impose upon refugees duties, charges or
taxes, of any description whatsoever, other or higher than those which are
or may be levied on their nationals in similar situations.
2. Nothing in the above paragraph shall prevent the application to refugees of
the laws and regulations concerning charges in respect of the issue to
aliens of administrative documents including identity papers.
38 39
Article 30
Transfer of assets
1. A Contracting State shall, in conformity with its laws and regulations, permit
refugees to transfer assets which they have brought into its territory, to
another country where they have been admitted for the purposes of
resettlement.
2. A Contracting State shall give sympathetic consideration to the application
of refugees for permission to transfer assets wherever they may be and
which are necessary for the resettlement in another country to which they
have been admitted.
Naturalization
The Contracting States shall as far as possible facilitate the assimilation
and naturalization of refugees. They shall in particular make every effort to expedite
naturalization proceedings and to reduce as far as possible the charges and cost of
such proceedings.
(TRAVEL DOCUMENT)
Paragraph 1
1. The travel document referred to in Article 28 of this Convention shall be
similar to the specimen annexed hereto.
2. The document shall be made out in at least two languages, one of which
shall be English or French.
Paragraph 2
Subject to the regulations obtaining in the country of issue, children may
be included in the travel document of a parent or, in exceptional circumstances, of
another adult refugee.
Paragraph 3
The fees charged for issue of the documents shall not exceed the lowest
scale of charges for national passports.
Paragraph 4
Save in special or exceptional cases, the document shall be made valid for
the largest possible number of countries.
Paragraph 5
The document shall have a validity of either one or two years at the discretion
of the issuing authority.
Paragraph 6
1. The renewal or extension of the validity of the document is a matter for the
authority which issued it, so long as the holder has not established lawful
residence in another territory and resides lawfully in the territory of the said
authority. The issue of a new document is, under the same conditions, a
matter for the authority which issued the former document.
2. Diplomatic or consular authorities, specially authorized for the purpose,
shall be empowered to extend, for a period not exceeding six months, the
validity of travel documents issued by their Governments.
3. The Contracting States shall give sympathetic consideration to renewing
or extending the validity of travel documents or issuing new documents to
refugees no longer lawfully resident in their territory who are unable to
obtain a travel document from the country of their lawful residence.
Paragraph 7
The Contracting States shall recognize the validity of the documents issued
in accordance with the provisions of Article 28 of this Convention.
40 41
Paragraph 8
The competent authorities in the country to which the refugee desires to
proceed shall, if they are prepared to admit him and if a visa is required, affix
a visa on the document of which he is the holder.
Paragraph 9
1. The Contracting States undertake to issue transit visas to refugees who
have obtained visas for a territory of final destination.
2. The issue of such visas may be refused on grounds which would justify
refusal of a visa to any alien.
Paragraph 10
The fees for the issue of exit, entry or transit visas shall not exceed the
lowest scale of charges for visas on foreign passports.
Paragraph 11
When a refugee has lawfully taken up residence in the territory of another
Contracting State, the responsibility for the issue of a new document, under
the terms and conditions of Article 28, shall be that of the competent authority
of that territory, to which the refugee shall be entitled to apply.
Paragraph 12
The authority issuing a new document shall withdraw the old document
and shall return it to the country of issue, if it is stated in the document that
it should be returned; otherwise it shall withdraw and cancel the document.
Paragraph 13
1. Each Contacting State undertakes that the holder of a travel document
issued by it in accordance with Article 28 of this Convention shall be
readmitted to its territory at any time during the period of its validity.
2. Subject to the provisions of the preceding subparagraph, a Contracting
State may require the holder of the document to comply with such formalities
as may be prescribed in regard to exit from or return to its territory.
3. The Contracting States reserve the right, in exceptional cases, or in cases
where the refugee’s stay is authorized for a specific period, when issuing
the document, to limit the period during which the refugee may return to a
period of not less than three months.
Paragraph 14
Subject only to the terms of paragraph 13, the provisions of this Schedule in
no way affect the laws and regulations governing the conditions of
admission to, transit through, residence and establishment in and departure
from, the territories of the Contracting States.
Paragraph 15
Neither the issue of the document nor the entries made thereon determine
or affect the status of the holder, particularly as regards nationality.
Paragraph 16
The issue of the document does not in any way entitle the holder to the
protection of the diplomatic or consular authorities of the country of issue,
and does not confer on these authorities a right of protection.
ANNEX
Specimen Travel Document
The document will be in booklet form (approximately 15 x 10 centimetres).
It is recommended that it be so printed that any erasure or alteration by
chemical or other means can be readily detected, and that the words
“Convention of 28 July 1951” be printed in continuous repetition on each
page, in the language of the issuing country.
42 43
(Cover of booklet)
TRAVEL DOCUMENT
(Convention of 28 July 1951)
No:....................................................
(1)
TRAVEL DOCUMENT
(Convention of 28 July 1951)
This document expires on.........................unless its validity is extended or renewed.
Name.....................................................................................................................................
Forename(s).........................................................................................................................
Accompanied by......................................................................................child (Children)
1. This document is issued solely with a view to providing the holder with a
travel document which can serve in lieu of a national passport. It is without
prejudice to and in no way affects the holder’s nationality.
2. The holder is authorized to return to.................(state here the country whose
authorities are issuing the document) on or before............................unless
some later date is hereafter specified.
(The period during which the holder is allowed to return must not be less
than three months).
3. Should the holder take up residence in a country other than that which
issued the present document, he must, if he wishes to travel again, apply to
the competent authorities of his country of residence for a new document.
(The old travel document shall be withdrawn by the authority issuing the
new document and returned to the authority which issued it)*
(The document contains................................pages; exclusive of cover.)
*The sentence in brackets to be inserted by Governments which so desire.
(2)
Place and date of birth...........................................................................................
Occupation ...............................................................................................................
Present residence...................................................................................................
*Maiden name and forename(s) of wife ..............................................................
*Name and forename(s) of husband........................................................................
Description
Height......................................................................................................................
Hair...........................................................................................................................
Colour of eyes.........................................................................................................
Nose.........................................................................................................................
Shape of face...........................................................................................................
Complexion. ..............................................................................................................
Special peculiarities.....................................................................................................
44 45
Children accompanying holder
Name Forename(s) Place and date of birth Sex
.............................. .............................. ........................................ ..................................
.............................. .............................. ........................................ ..................................
* Strike out whichever does not apply
(This document contains....................................................pages, exclusive of cover.)
(3)
Photograph of holder and Finger-prints of holder
stamp of issuing authority (if required)
Signature of holder................................................................................................................
(This document contains....................................................pages, exclusive of cover).
(4)
1. This document is valid for the following countries:.........................................
2. Document or documents on the basis of which the present document is
issued:
..................................................................................................................................
..................................................................................................................................
Issued at......................................................
Date.............................. Signature and stamp of authority issuing the document:
.................................................................................................
Fee paid:
(This document contains.....................................................pages, exclusive of cover.)
(5)
Done at..................................Signature and stamp of authority extending or renewing
.............................................................
....................................................................................................
Signature and stamp of authority extending or renewing
(This document contains....................................................pages, exclusive of cover.)
(6)
Signature and stamp of authority extending or renewing
....................................................................................................
Signature and stamp of authority extending or renewing
(This document contains....................................................pages, exclusive of cover.)
46 47
The name of the holder of the document must be repeated in each visa.
(This document contains..................................................pages, exclusive of cover.)”
PART II
“ARTICLES OF ORGANIZATION OF AFRICAN UNITY CONVENTION
GOVERNING THE SPECIFIC ASPECTS OF REFUGEE PROBLEMS IN
AFRICA OF THE 10TH SEPTEMBER, 1969.
Article III
Prohibition of subversive activities
1. Every refugee has duties to the country in which he finds himself, which
require in particular that he conforms with its laws and regulations as well
as with measures taken for the maintenance of public order. He shall also
abstain from any subversive activities against any Member State of the
OAU.
2. Signatory States undertake to prohibit refugees residing in their respective
territories from attacking any State Member of the OAU, by any activity
likely to cause tension between Member States, and in particular by use of
arms, through the press, or by radio.
Article V
Voluntary repatriation
1. The essentially voluntary character of repatiiation shall be respected in all
cases and no refugee shall be repatriated against his will.
2. The country of asylum, in collaboration with the country of origin, shall
make adequate arrangement for the safe return of refugees who request
repatriation.
3. The country of origin, on receiving back refugees, shall facilitate their
resettlement and grant them the full rights and privileges of nationals of the
country, and subject them to the same obligations.
4. Refugees who voluntarily return to their country shall in no way be penalized
for having left it for any of the reasons giving rise to refugee situations.
Whenever necessary, an appeal shall be made through national information
media and through the Administrative Secretary-General of the OAU, inviting
refugees to return home and giving assurance that the new circumstances
prevailing in their country of origin will enable them to return without risk
and to take up a normal and peaceful life without fear of being disturbed or
punished, and that the text of such appeal should be given to refugees and
clearly explained to them by their country of asylum.
5. Refugees who freely decide to return to their homeland, as a result of such
assurances or on their own initiative, shall be given every possible assistance
by the country of asylum, the country of origin, voluntary agencies and
international and inter-governmental organizations to facilitate their return”.
48 49
Passed in Parliament this 3rd day of May in the year of our Lord two
thousand and seven.
A. A. KEMOKAI,
Clerk of Parliament.
T HIS P RINTED IMPRESSION has been carefully compared by me with the Bill
which has passed Parliament and found by me to be a true and correct printed copy
of the said Bill.
A. A. KEMOKAI,
Clerk of Parliament.
PRINTED AND PUBLISHED BY THE G OVERNMENT P RINTING D EPARTMENT , S IERRA LEONE.
GAZETTE N O . 42 OF 30TH AUGUST , 2007.
No. Refugees Protection Act 2007No. Refugees Protection Act 200750 51
Check the current official version before relying on this text. MiLAWYER shares legal information, not legal advice.