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32 Hastings Int'l & Comp. L. Rev. 1 (2009)
Victims of Armed Conflict and Persecution in South Africa: between a Rock and a Hard Place

handle is hein.journals/hasint32 and id is 9 raw text is: Victims of Armed Conflict and
Persecution in South Africa:
Between a Rock and a Hard Place
BY EDWIN ODHIAMBO ABUYA* AND DULO NYAORO**
When police arrested me, they kicked me... telling me, you f-ked
up your country and you come here to f-k this country.'
We, the people of South Africa .... [aim] to-
establish a society based on ... fundamental human rights.!
I. Introduction
As of 1 January 2008, there were some three million refugees and
asylum seekers in Africa? Despite hosting over one-fifth of the
* Senior Lecturer, Nairobi University School of Law; Advocate of the High Court of
Kenya (edwinabuya@yahoo.co.uk). This paper was completed while the author was a
Visiting Legal Writing Professor at University of Seattle School of Law in the United
States.
** Lecturer, Department of Political Science, Moi University, Kenya; Acting
Coordinator, Centre for Refugee Studies, Moi University (dnyaoro@yahoo.com).
The order of the authors' names is not intended to suggest a primary and secondary
author. Both authors contributed equally to the production of this paper. In keeping
with tradition, the names have been listed alphabetically. The authors acknowledge
the generous feedback of Norm Printer. Thanks to Terri Drage for her excellent
editorial assistance and Marsha Mavunkel for research support. The authors are also
indebted to Surya Deva, Jean Allain, George Mukundi and Joseph Mwaura for their
assistance in obtaining some of the cases referred in this article. Thanks are also due
to seminar participants at Seattle University, which the Human Rights Network
organised, and University of Oregon School of Law where this piece was presented.
A special note of gratitude goes to the refugees and asylum seekers who consented to
participate in this research - to them we dedicate this article.
1. Interview with Guuleed in Johannesburg, S. Afr. (Oct. 8, 2005).
2. S. AFR. CONST. 1996, Preamble.
3. See United States Committee on Refugees and Immigrants, World Refugee
Survey 2008, at 31-32, available at  http://www.refugees.org/uploadedFiles/
Investigate/Publications &Archives/WRSArchives/2008/refugees%20and%

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