would result in exposing him or her, for example, to a substantial risk of torture. 18 Similar considerations apply with regard to the prohibition of refoulement to other forms of irreparable harm. 19 12. Within the framework of the 1951 Convention/1967 Protocol, the principle of non-refoulement constitutes an essential and non-derogable component of international refugee protection. The central importance of the obligation not to return a refugee to a risk of persecution is reflected in Article 42(1) of the 1951 Convention and Article VII(1) of the 1967 Protocol, which list Article 33 as one of the provisions of the 1951 Convention to which no reservations are permitted. The fundamental and non-derogable character of the principle of non-refoulement has also been reaffirmed by the Executive Committee of UNHCR in numerous Conclusions since 1977. 20 Similarly, the General Assembly has called upon States “to respect the fundamental principle of nonrefoulement, which is not subject to derogation.” 21 (ii) Other International Instruments 13. States’ non-refoulement obligations with respect to refugees are also found in regional treaties, notably the 1969 OAU Convention Governing Specific Aspects of Refugee Problems in Africa 22 and the 1969 American Convention on Human Rights. 23 18 19 20 21 22 23 See: UNHCR, Suresh Factum, supra footnote 17, paras. 18–50; E. Lauterpacht and D. Bethlehem, supra footnote 13, para. 159(ii), 166 and 179. See the discussion of non-refoulement obligations under international human rights law infra at Part IB. See, for example, Executive Committee, Conclusion No. 6 (XXVIII), supra footnote 9, para. (c) (reaffirming “the fundamental humanitarian principle of non-refoulement has found expression in various international instruments adopted at the universal and regional levels and is generally accepted by States.” ); Conclusion No. 17 (XXXI) “Problems of extradition affecting refugees” (1980), at. para (b) (reaffirming “the fundamental character of the generally recognized principle of nonrefoulement.”); Conclusion No. 25 (XXXIII) “General” (1982), para. (b) (reaffirming “the importance of the basic principles of international protection and in particular the principle of nonrefoulement which was progressively acquiring the character of a peremptory rule of international law.”); Conclusion No. 65 (XLII) “General” (1981), para. (c) (emphasizing “the primary importance of non-refoulement and asylum as cardinal principles of refugee protection…”); Conclusion No. 68 (XLIII) “General” (1982), para. (f) (reaffirming “the primary importance of the principles of nonrefoulement and asylum as basic to refugee protection); No. 79 (XLVIII) “General” (1996), para. (j) (reaffirming “the fundamental importance of the principle of non-refoulement); No. 81 (XLVIII), supra footnote 14, para. (i) (recognizing “the fundamental importance of the principle of nonrefoulement”); No. 103 (LVI) “Provision of International Protection Including Through Complementary Forms of Protection” (2005), at (m) (calling upon States “to respect the fundamental principle of non-refoulement”). See, for example, A/RES/51/75, 12 February 1997, para. 3; A/RES/52/132, 12 December 1997, at preambular para. 12. OAU Convention Governing Specific Aspects of Refugee Problems in Africa, 1969, 1001 U.N.T.S. 45, entered into force 20 June 1974 [hereinafter, “1969 OAU Convention”]. Article II(3) reads: “No person shall be subjected by a Member State to measures such as rejection at the frontier, return or expulsion, which would compel him to return to or remain in a territory where his life, physical integrity or liberty would be threatened for the reasons set out in Article I, paras. 1 and 2 [concerning persecution for reasons of race, religion, nationality, membership of a particular social group or political opinion or who is compelled to leave his country of origin or place of habitual residence in order to seek refuge from external aggression, occupation, foreign domination or events seriously disturbing public order].” 1969 American Convention on Human Rights “Pact of San José, Costa Rica”, 1144 U.N.T.S. 123, entered into force 18 July 1978 [hereinafter, “ACHR”]. Article 22(8) reads: “In no case may an alien be deported or returned to a country, regardless of whether or not it is his country of origin, if in that 5