Refoulement is the expulsion of a refugee who has the right to seek asylum. The principle of non-refoulement prohibits the expulsion of refugees to a place where their life or freedom would be threatened. However, not all countries are state parties to the United Nations Convention relating to the Status of Refugees. Some countries have begun to interpret push-back more strictly and narrow its definition. The United States also includes in the threat to the national security exception a list of crimes considered “particularly serious”. Refugees have also begun to be granted temporary asylum with a fixed expiry date.
The term refoulement comes from the French verb refouler, which means “to push away” or “to force back”. In international law, it means the expulsion from a country of a person who has the right to be recognized as a refugee and seeks asylum. The principle of non-refoulement was first established in the 1954 United Nations Convention relating to the Status of Refugees.
Under the principle of non-refoulement, no state may expel or return a refugee to a border or territory where his or her life or freedom would be threatened due to race, nationality, membership of a social organization or political beliefs. It also prohibits the expulsion of a refugee to any country where he or she could face persecution. The only exception to this prohibition is when the refugee poses a threat to national security.
In international law, the prohibition of refoulement is universally accepted as an idea. However, not all countries are “state parties” to the United Nations Convention relating to the Status of Refugees. The convention also requires a person seeking asylum to have the status of “recognized” refugee. Some countries may not have any established procedures for determining refugee status.
Over the years, to cope with growing numbers of refugees, developed countries have begun to interpret push-back more strictly and narrow its definition. In the United States, the United Nations Convention relating to the Status of Refugees is interpreted as applying only to refugees who have actually entered a country. Therefore, the removal of refugees to sea before their arrival does not constitute refoulement.
The United States also includes in the threat to the national security exception a list of crimes considered “particularly serious”. There is no need for a case-by-case consideration if the offense is on the list. Refugees have also begun to be granted temporary asylum with a fixed expiry date. The theory is that some refugees may be repatriated after the political or social upheavals have passed. The EU and Australia have adopted similar policies based on lack of resources to deal with the growing global refugee population.
Under United States law, a refugee is a person outside the United States who is of special humanitarian concern, persecuted under the definition used in the United Nations Convention relating to the Status of Refugees, and is not permanently resettled anywhere else. village. Those who have ordered, incited or participated in the persecution of any person are excluded from refugee status. Asylum is available to people who meet the refugee definition, are already in the United States, and are seeking asylum at a designated port of entry.
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