New UNHCR Guidance Note on safeguards against irregular removal of refugees and asylum-seekers

Date: 
Wednesday, March 12, 2014

The Note concerns the unlawful or irregular removal of refugees or asylum seekers from their host States, particularly in the context of mutual assistance in criminal matters or cooperation on security issues. UNHCR first explains the principle of non-refoulement in pending expulsion and extradition cases and then sets out eight measures that States have adopted to prevent the irregular removal of refugees and asylum seekers. These measures include ensuring access to UNHCR, NGOs and legal assistance for those detained pending possible removal, referral of those released from detention to those responsible for their protection, and provision of secure accommodation options. In addition, UNHCR recommends the establishment of a monitoring and reporting mechanism to ensure the safety of the individuals concerned, and non-disclosure of personal data to the authorities of the country of origin.

Also covered are the obligations and possible responses of a host State once an irregular removal has or may have occurred. According to UNHCR, all relevant agencies of the host State should be informed and furnished with the necessary identifying information, in particular the border agency. An investigation should be initiated, the individual’s representative (if any) should be informed, and the authorities of possible transit countries should be alerted. Accountability for violations of the principle of non-refoulement is crucial. Information and assurances should be sought from the destination country, reparation should be made to the victim(s), those responsible should be punished and the findings of any investigation should be used to prevent future violations.

The Note concludes with a summary of UNHCR’s responsibilities to support efforts to prevent irregular removals and seek resettlement where possible for those who cannot be protected.

Read UNHCR’s Guidance Note.


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Keywords: 
Non-refoulement
Tags: 
UNHCR