- A big part of International Refugee Law - Asylum Seekers and Refugees may leave their home countries for many reasons including: - Lack of Protection - Loss of Nationality - Have a fear of returning to their home country - May face persecution of social constructions like: - Race - Nationality -Political opinion - Religion - Member of a social group
Convention on the Status of Refugees (1951)
Okay class, what is the Principle of Non-Refoulement?
- Principle of Non-Refoulement - Binding for all states (even if they haven't signed 1951 Convention) -AKA the "Principle of Non-Return"
It means governments cannot send asylum seekers or refugees where their lives and liberties would be at risk.
I'm pretty sure it also means governments cannot stop refugees or asylum seekers from seeking safety in a country, especially if they would be endangered by returning to a country, even if they have been smuggled or trafficked.
Furthermore, it means countries cannot deny people at their borders if they are fleeing persecution, escaping trafficking or other forms of slavery, displaced from conflict or armed conflict, and more.
Additionally, a country could violate Non-Refoulement by sending refugees or asylum seekers to a country engaged in armed conflict.
A country could violate the Principle of Non-Refoulement by deporting refugees as they arrived in a country, especially because they would have already received asylum protections.
Also, it would be violated if a country turned away asylum seekers at its colonial, socially constructed border.