THE PRINCPLE OF NON-REFOULMENT IN THE ERA OF COVID-19.
The most cardinal principle under International Human Rights Law is the ‘Principle of Non-Refoulment.’ This principle guarantees that no person should be returned to a country where they might face any kind of harmful inhumane treatment or punishment. It is essential protection awarded under international human rights, refugee, and customary law. The international community now faces critical problems concerning the global refugee crisis. Individuals seeking asylum or refuge in countries around the world, now face severe difficulty. The Covid-19 pandemic has aggravated what is already a dreadful humanitarian crisis.
The pandemic has caused the closure of borders and entry restrictions. While these measures have been deemed necessary for facing this unprecedented threat, it most definitely jeopardizes the lived of the most vulnerable people in the world and potentially facilitates the violation of the non-refoulment principle. While refuge and asylum seekers are at a higher risk of contracting the virus, they also face severe difficulties in acquiring such refuge or asylum. A perfidious pattern is emerging everywhere in the world, wherein refugees are denied entry and turned away citing the pandemic as the reason.
Who is a refugee?
Article 1 of the 1951 Convention relating to Status of Refugees, provides for a definition of the term ‘refugee’. It can be understood through this definition that a refugee is an individual who is,
The Right to Seek Asylum.
Under the Universal Declaration of Human Rights, Article 14 awards everyone with the right to seek and enjoy asylum in other countries from persecution. All such persons who seek and are provided with refuge shall benefit from human rights obligations owed by a state to its citizens.
Along with these rights, some protections are provided in this regard. Refugees, unable to protect their basic human rights are fleeing governments. Laws regarding refugees closely intersects with international law.
Article 32 of the 1951 Convention states that no contracting state shall expel any refugee who is in their territory lawfully, save on the grounds of national security or public order. This is a provision which efficiently safeguards refugees from arbitrary expulsion. The process of expulsion must be done in accordance with the law. The refugee in question must be given an opportunity to be heard and to be presented before the competent authority. Ample time needs to be given for the refugee to seek permission to enter another country if a decision has been made to expel.
The Principle of Non-Refoulment.
The most basic and fundamental tenet on international refugee laws is the ‘Principle of Non-Refoulment.’ Article 33 of the 1951 convention provides for prohibition of expulsion or return. (refoulment)
It states that “No Contracting State shall expel or return (‘refouler’) a refugee in any manner whatsoever to the frontiers of territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group or political opinion.”
And that, “The benefit of the present provision cannot be claimed by a refugee whom there are reasonable grounds for regarding as a danger to the security of the country in which he is, or who, having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of that country.”
The World Health Organisation along with the United Nations Human Rights Council has formed an agreement with the UN Refugee Agency with an aim to strengthen and provide public health services to the millions of forcibly displaced people all over the world, protecting them from Covid-19. While preventive measures need to be taken to tackle the coronavirus pandemic, a viable solution needs to be formed so as to not violate international legal principles.
This Article Does Not Intend To Hurt The Sentiments Of Any Individual Community, Sect, Or Religion Etcetera. This Article Is Based Purely On The Authors Personal Views And Opinions In The Exercise Of The Fundamental Right Guaranteed Under Article 19(1)(A) And Other Related Laws Being Force In India, For The Time Being.
