The principle of non refoulement and the inter State transfer of persons

A key international principle in refugee protection is non refoulement.

The principle of non refoulement and the inter State transfer of persons 52 53 18

Nonetheless, her Government continued to honour its international obligations and to abide strictly by the principle of non refoulement.

The Committee further recommends that the State party, when proceeding with the return of asylum seekers to their countries, respect the principle of non refoulement.

Host States must also intensify their efforts to protect refugee populations and respect the principle of non refoulement.

5 (b)).

(b) Adopt domestic legislation to implement the principle of non refoulement in article 3 of the Convention

These factors alone or, in combination, would determine whether the principle of non refoulement precludes reliance on assurances.

(n) Amend its legislation in order to prohibit the refoulement of persons without a legal procedure and to provide all required guarantees

Tanzania's actions during the 1994 genocide in Rwanda have been alleged to have violated the non refoulement principle.

There has been significant concern recently about reports of the forced return to Myanmar of refugees in Thailand to conflict areas.

We also call for an end to these dangerous attempts at forcible returns of displaced persons and request that the rights of refugees and displaced persons be seriously taken into consideration.

Some States have argued that by securing such assurances they are complying with the principle of non refoulement, but critics have taken issue with this assertion.

It is clear that the State party was aware of its obligations under article 3 of the Convention, including the prohibition on refoulement.

4.2 The State party submits that refoulement cases, by their very nature, are about events outside the State party's immediate knowledge and control.

In particular, there must be full respect for the principle of non refoulement and full regard to laws relating to the death penalty or other harsh sentences.

Human Rights Watch and the International Committee on the Elimination of Racial Discrimination had also expressed deep concern about the State party's disregard for the principle of non refoulement.

She concluded her note with a preliminary review of issues to be addressed, as well as the need to address the situation of vulnerable groups and the importance of certain principles (for example non refoulement) to them.

Recalling also the principle of non refoulement as enshrined in the 1951 Convention Relating to the Status of Refugees, its 1967 Protocol and customary international refugee law,

In addition, article 33(2) contains an exception to the principle of non refoulement where there are reasonable grounds to believe an individual poses a danger to the host State.

11. Deplores the refoulement and unlawful expulsion of refugees and asylum seekers, and calls upon all concerned States to ensure respect for the principles of refugee protection and human rights

Recognizing that all States must respect the non refoulement obligations under international refugee and human rights law, while at the same time, pay full respect to exclusion provisions,

Individual States should support the implementation by UNHCR of protection guidelines aimed at addressing their plight while fully respecting the fundamental principle of non refoulement.

UNHCR has noted increasing violations of the principle of non refoulement worldwide, and reports that its staff has increasingly been denied access to asylum seekers.

13. Deplores the refoulement and unlawful expulsion of refugees and asylum seekers, and calls upon all concerned States to ensure respect for the relevant principles of refugee protection and human rights

The principle of non refoulement arises out of an international collective memory of the failure of nations during World War II to provide a safe haven to refugees fleeing certain genocide at the hands of the Nazi regime.

Resolution 2003 52 called on States to ensure effective protection of refugees by, inter alia, respecting the principles of non refoulement and other human rights and fundamental freedoms of refugees and asylum seekers.

The report argues that such assurances are increasingly viewed as a way of escaping the absolute character of non refoulement obligations, and are expanding from the anti terrorism context into the area of refugee claims.

Restoration

Restoration...

(d) The explicit exclusion of certain categories of persons posing security or criminal risks from the protection against refoulement provided by the Immigration and Refugee Protection Act 2002 (sect. 115, subsect. 2)

Even if some countries are not ready to classify them openly as refugee, these persons should at least be treated as persons in need of international protection, and basic international law principles, such as non refoulement, should be applied.

(j) Inform the Committee whether there have been complaints in the State party against the use of diplomatic assurances as a way to circumvent the absolute prohibition of non refoulement established in article 3 of the Convention

3 ECHR, art. 3 International Covenant on Civil and Political Rights (ICCPR), art. 7) is an absolute obligation deriving from the absolute and non derogable nature of the prohibition of torture

Given the absolute obligation of States not to expose any person to the danger of torture by way of extradition, expulsion, deportation, or other transfer, diplomatic assurances should not be used to circumvent that non refoulement obligation.

Repatriation

Repatriation Programmes Financing repatriation programme with the International Organization for Migration.

Recognizing also that all States must fully respect the non refoulement obligations under international refugee and human rights law, while at the same time bearing in mind relevant exclusion provisions under international refugee law,

(b) Uphold the protection of refugees and other persons who have fled from the Democratic People's Republic of Korea, including the principle of non refoulement and the grant of at least temporary refuge protection, and end bilateral and other arrangements that jeopardize the lives of those who seek asylum

Europe s Procrustean Nightmare

forced sexual acts (art. 140)

However, the Special Rapporteur has indicated that, as a baseline, in circumstances where a person would be returned to a place where torture is systematic, the principle of non refoulement must be strictly observed and diplomatic assurances should not be resorted to (ibid., para. 37).

A serious obstacle for many States in fully responding to the Commission's call was the heightened fear of terrorist infiltration following the attacks on 11 September 2001, leading both to dangers of refoulement as well as arbitrary and frequently lengthy detention.

Maintaining the focus on the absolute prohibition of torture in the context of counter terrorism measures, the Special Rapporteur discussed the principle of non refoulement and the use of diplomatic assurances in light of recent decisions of courts and international human rights mechanisms.