PRINCIPLE OF NON-REFOULEMENT AND ITS EVOLUTION AS HUMAN RIGHT

Abstract

The word non-refoulement originates from the French verb refouler, which means to "drive back" or "repel". In Article 3 of the 1933 Convention Relating to the International Status of Refugees, the notion that a State should not, under certain conditions, send individuals back.

The principle of Non- Refoulement has recognized and accepted as the customary international law and gained the status of Jus Cogens worldwide. Article 33 of 1951 Refugee Convention embodied this principle which prohibits the expulsion or return of a refugee.  Article 33 states that a refugee cannot be expelled or returned (referred to as "refouler") in any way to the borders of nations when his life or freedom is in danger due to his race, religion, nationality, membership in a particular social group, or political beliefs.

The principle of Non-Refoulement reflected in various international instruments, both at universal and regional levels other than the refugee convention. The 1951 Refugee Convention and its 1967 Protocol are the two most important refugee laws as mentioned above, they are universal treaties that define specific legal concept for those who are in need of international protection. The protection of refugee’s rights based on human rights which is clearly provided under Article 14 of the Universal Declaration of Human Rights. It states that everyone has the right to seek and to enjoy in other countries asylum from persecution. It is crucial for this principle to gain a proper life in the international legal instruments in order to give protection to refugees under current legal system.With the existing scheme of refugee protection it is vital for the principle to acquire a proper standing in the international framework as it is still uncertain as to whether the principle has acquired the status of  jus cogens norm.