This principle, reflected in different bodies of international law, protects any person from being transferred (returned, expelled, extradited—whatever term is used) from one authority to another when there are substantial grounds for believing that the person would be in danger of being subjected to violations of …
Also, is India bound by the principle of non-refoulement?
The position of the State, while denying protection or assistance to past cases of influx, has been that India is not a signatory to the Refugee Convention or the Protocol and thus, it does not have any obligation to follow the principle of non-refoulement. … India is party to both instruments.
In this way, is non-refoulement a positive obligation?
Under treaty law, non-refoulement is a twofold duty: both a positive duty which requires the State to actively ensure the asylum claimant or refugee is not being sent back to a place where his or her life or freedom is threatened (an obligation upon the State to fulfill a duty), and a negative duty which requires the …
What are the exceptions to the principle of non-refoulement?
The 1951 Convention on Article 33 (2) consecrates two exceptions to the principle of Non-Refoulement: (i) in case of threat to the national security of the host country; and (ii) in case their proven criminal nature and record constitute a danger to the community.
What is the purpose of the non-refoulement principle?
Definition(s)
In the global context, a core principle of international refugee and human rights law that prohibits States from returning individuals to a country where there is a real risk of being subjected to persecution, torture, inhuman or degrading treatment or any other human rights violation.
When can non-refoulement be legally violated?
One of the pillars of international refugee law is the principle of non-refoulement, which prohibits any State conduct “leading to the ‘return in any manner whatsoever’ to an unsafe foreign territory, including rejection at the frontier or non-admission to the territory.” In recent months, governments have violated the …
Who does non-refoulement apply to?
Non-refoulement
The principle is now considered to apply even to countries which have not signed the Refugee Convention . Countries who have signed the Refugee Convention also cannot send a refugee overseas (or ‘expel’ them) except if they pose a risk to national security or public order.