Indiv. & Instit. Dvpt — WHERE ARE WE HEADED NOW AS FAR AS THE RULE OF LAW AND THE HUMAN RIGHTS OF MIGRANTS, REFUGEES AND ASYLUM-SEEKERS ARE CONCERNED?

“Human rights and the rule of law are interlinked and mutually reinforcing principles: a strong regime of rule of law is vital to the protection of human rights, and the rule of law can only be fully realised in an environment that protects human rights” (European Network of National Human Rights Institutions [ENNHRI]: 2021, p.4). In this regard however, as the same report specifically notes in one of its key findings, currently “widespread human rights violations affect the national rule of law environment in some countries, including systemic violations of human rights of migrants” (European Network of National Human Rights Institutions [ENNHRI]: 2021, p.7).

When it comes to refugees and asylum-seekers in particular, the 1951 Refugee Convention is the key legal document that forms the basis of UNHCR’s work. It was ratified by 145 State parties (UNHCR: No Year). Among other things, the Convention specifies what a ‘refugee’ is, what ‘rights’ the refugee has, and what legal obligations States are bound to respect in order to ensure refugees as a specifically fragile and vulnerable category of people are ‘protected’.

One of the core principles of the 1951 Refugee Convention is the principle of non-refoulement which asserts that a refugee should not be returned to a country where they face serious threats to their life or freedom (UNHCR: 2011, Art.33 on p.30). The principle of non-refoulement is now considered a Rule of Customary International Law as indeed, “In 2001, States parties issued a Declaration reaffirming their commitment to the 1951 Convention and the 1967 Protocol, and they recognized in particular that the core principle of non-refoulement is embedded in customary international law” (UNHCR: 2011, p.4). Notwithstanding this principle however, for instance, UK plans to fly asylum-seekers to Rwanda by the means of a one-way ticket to there, even though this plan is being decried as “dangerous, cruel and inhumane”. Also in the pipeline now as per today's news, Denmark [is] in talks with Rwanda on transfer of asylum-seekers.

A second key principle of the 1951 Refugee Convention is the principle of non-discrimination “as to race, religion or country of origin” (UNHCR: 2011, Art.3 on p.16). Yet, for instance, in the current Russia-Ukraine war Black and racialized refugees from Ukraine were discriminated against, which even sparked condemnation by UNHCR chief.

A third key principle of the 1951 Refugee Convention is the principle of non-penalization “for illegal entry or stay” (UNHCR: 2011, Art.31 on p.29).

So, back to the beginning, WHERE ARE WE HEADED NOW AS FAR AS THE RULE OF LAW AND THE HUMAN RIGHTS OF MIGRANTS, REFUGEES AND ASYLUM-SEEKERS ARE CONCERNED?

References

European Network of National Human Rights Institutions [ENNHRI] (2021) State of the rule of law in Europe: Reports from National Human Rights Institutions. Report published in June 2021 and available here.

UNHCR (2011) Convention and Protocol relating to the Status of Refugees. Available here.

UNHCR (No Year) States Parties to the 1951 Convention relating to the Status of Refugees and the 1967 Protocol. Available here.