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18-19 U. Botswana L.J. 1 (2014)

handle is hein.journals/unbotslj18 and id is 1 raw text is: The Obligation of Non-Refoulement of Refugees and Asylum-Seekers: Myth or Reality? Ogoh Nwaeze* ABSTRACT This article considers whether or not international refugee law is effective in its protection of refugees and asylum seekers from refoulement by the state in which they are taking refuge. It asks the question whether the legal right to non refoulement is a myth or a reality. It investigated that voice of the refugee or asylum seeker in the refoulement process, the possibility of some measure of control in determining the country of repatriation - as an alternative to being sent back home? In analysing this question, the author looks at status determination decisions from the United Kingdom, her European neighbours and Canada in order to assess the real experience of the asylum seeker with the question of non refoulement. The article concludes that although there are adequate provisions for non-refoulement of refugees and asylum seekers by their host states, this obligation is not always exercised for the benefit of the asylum seeker. The reality on the ground is that considerations of national security, public order, and political, financial or logistical concerns sometimes conspire against the asylum seekers hopes of non-refoulement. 1. INTRODUCTION Refoulement means summary re-conduction to the frontier, of those who have entered into any country illegally or refusal of entry to those without valid papers. Non-refoulement is a principle of international refugee law which provides that an asylum seeker or a refugee shall not be returned to any country where he or she is likely to face persecution, other degrading treatment or torture. Non-refoulement of refugees and asylum seekers has become a general principle of international law binding on all states automatically and independently of any specific assent. It is primarily meant to protect those who, under Article 1 of the Refugee Convention, qualify as refugees. In principle however, its benefits ought not to be conditioned on formal grant of refugee status. It is therefore, refoulement for a state to refuse to process an application by an asylum seeker for grant of refugee status. Thus, having presented themselves at the borders or frontiers of the state, they have already entered into the country's jurisdiction and sovereign control and are under the protection of Section 33 of the Refugee Convention. Under the law,

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