The Principle of Non Refoulment
By Shucheesmita Simonti
|Photo Source: Migrants Matter|
Non Refoulement Principles and Push Back Policies
The morality of a society is not judged by the behaviour of an oppressed class but by the rules and laws made by the state, which either protect or exploit an already depressed section of society. Asma Jahangir
The term Non-Refoulement means prohibition to return; therefore under this principles States cannot send people back to countries where their lives are at risk, where they have a ‗well-founded fear of persecution.‘ UNHCR declared that: ―this principle reflects the commitment of the international community to ensure to all persons the enjoyment of human rights, including the rights to life, to freedom from torture or cruel, inhuman or degrading treatment or punishment, and to liberty and security of person. These and other rights are threatened when a refugee is returned to persecution or danger.”
Denying entry to people who have fled their country of origin for fear of persecution is a violation of international legal instruments. The act of refoulement is also prohibited by legal instruments such as the OAU Refugee Convention (Article II) and the Convention Against Torture(1994) which asserts:-
1. No State Party shall expel, return (refouler) or extradite a person to another state where there are substantial grounds for believing that he would be in danger of being subjected to torture.
2. For the purpose of determining whether there are such grounds, the competent authorities shall take into account all relevant considerations including, where applicable, the existence in the state concerned of a consistent pattern of gross, flagrant or mass violations of human rights.‖8
Under the ambit of International Maritime Law, there are two texts that accord protection to people whose lives are at risk in sea, irrespective of their nationality or circumstances.
According to the 1982 UNITED NATIONS CONVENTION ON THE LAW OF THE SEA (UNCLOS) asserts that: ―Every State shall require the master of a ship flying in its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers:-
a. To render assistance to any person found at sea in danger of being lost;
b. To proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him.
This article is extracted from the Research paper titled 'Gender Based Violence and Subsequent Safety Challenges experienced by Rohingya Women' in Chapter 3 of the Safety Report by SAFIGI Foundation 'Safety First for Girls'.
The Safety Report by SAFIGI is a two-fold Open research on 'Core Issues Affecting Safety of Girls in the Developing World.' The first part of the Safety Report is a Research Paper. The second part is a detailed Data Analysis.
The Safety Report Research paper is titled: 'Core Issues Affecting Safety of Girls in the Developing World.' The paper starts with an abstract before focusing on subjects in the key regions of Africa, Asia, and the Americas. A total of 7 Research papers make up the safety Report (sans the introduction and conclusion), including:
- The psychological effect of mass sexual harassment on girls in Egypt (P.24) by Heba Elasiouty.
- Safety concerns in relation to social media: Growing up female in an increasingly digital world (P.45) by Karin Temperley.
- Psychosocial challenges faced by parents raising children with physical disabilities in Oshana region (P.68) by Misumbi Shikaputo.
- Gender-based violence and subsequent safety challenges experienced by Rohingya women (P.119) by Shucheesmita Simonti.
- LGBT policies and overall safety in Brazil (P.141) by Alinne Lopes Gomes.
- Silent voices‘: Violence against the female body as consequence of machismo culture (P.177) by Steffica Warwick.
- America‘s Public Policy on Sexuality: The Repression of Girls in Vulnerable Populations (P.208) by Dr. Christina Sisti.
The Safety Report Data Analysis is titled: 'Core Issues Affecting Safety of Girls. Results and Outcomes based on Zambia, Egypt, USA, Tanzania, South Sudan, and Namibia.'
SAFIGI Outreach Foundation Ltd, a volunteer-based and youth led NGO registered in Zambia, implemented the Safety Report in order to understand the multifaceted concept of safety and how it applies to the female gender in diverse settings. And therefore, further prove safety is intrinsic, and that vices in society stem from an intimate level of the human being before its manifestation. This way, when we create safety solutions, whether it be in a developing nation, conflict zone, refugee camp, or patriarchal society, the problem is resolved from a deeply rooted cause. Such that, we treat the disease itself and not mere symptoms.
This study is as a result of collaborative effort pursued in the spirit of volunteerism via UN Online Volunteers.