Mauritian Courts and the Protection of the Rights of Asylum Seekers in the Absence of Dedicated Legislation

2019 ◽  
Vol 31 (2-3) ◽  
pp. 321-342
Author(s):  
Jamil Ddamulira Mujuzi
Keyword(s):  
Human Rights ◽  
Asylum Seeker ◽  
Asylum Seekers ◽  
Internally Displaced Persons ◽  
African Union ◽  
International Human Rights ◽  
Internally Displaced ◽  
Domestic Legislation ◽  
The Status ◽  
International Human

Abstract Mauritius became a party to the 1951 Refugee Convention through succession but is yet to accede to the 1967 Protocol relating to the Status of Refugees. It has signed but not yet ratified the OAU Convention Governing the Specific Aspects of Refugee Problems in Africa and has not signed the African Union Convention for the Protection and Assistance of Internally Displaced Persons in Africa. Unlike many other countries in Africa, Mauritius has not yet enacted domestic legislation dealing with the issue of refugees. However, international human rights obligations and domestic legislation allow the rights of asylum seekers to be protected in Mauritius. This article argues that the principle of non-refoulement bars Mauritius from extraditing or deporting an asylum seeker to a country where he or she will be persecuted or where his or her rights will be violated, and that asylum seekers and citizens are equally protected by the Constitution with regard to absolute rights. However, limitations may be imposed on asylum seekers in their enjoyment of non-absolute rights. For such limitations to be lawful, they must aim to achieve the objectives stipulated in section 3 of the Constitution.

scholarly journals PERLINDUNGAN HUKUM HAK ASASI MANUSIA INTERNASIONAL TERHADAP IMIGRAN SURIAH

Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 148-158
Author(s):  
Mentari Jastisia
Keyword(s):  
European Union ◽  
Human Rights ◽  
Asylum Seekers ◽  
European Convention ◽  
International Human Rights Law ◽  
The European Union ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Status ◽  
International Human

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe

scholarly journals The Problem of Rohingya Refugees in Bangladesh: A Critical Analysis

2017 ◽  
pp. 14-28
Author(s):  
Nour Mohammad
Keyword(s):  
Human Rights ◽  
Historical Background ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
International Human Rights ◽  
Internally Displaced ◽  
The Status ◽  
International Human ◽  
International Refugee Law ◽  
Refugee Problem

International refugee law is a part of international human rights law, which advocates for the protection and assistance of refugees around the world. Presently the problem of refugee and internally displaced persons (IDPs) aremajor challenging issues of the globe. The Greek philosopher Euripides, in 431, recognized that “there is no greater sorrow on earth than the loss of owns native land.1 ” However, where humankind has existed there have been refugees as well. So refugee problem is not a new phenomenon, it has a long historical background. The huge influx of Rohingya refugees has begun from the beginning of this century and number has gradually increased from that period. Now it is a major concern of international human rights and humanitarian law in Bangladesh.2 The paper critically analysis and tries to identifies the international law on refugees and the influx of Rohingya refugees being faced by Bangladesh over the years. The paper deals with theConvention Relating to the Status of Refugees 1951 for the protection and assistance of the refugees and regional instruments adopted to address the refugees’ situation in the South Asian region.3

scholarly journals Rescuing Asylum-Seeker Stranded at Sea: Malaysia’s Duty under International Law

2018 ◽  
Vol 7 (3.30) ◽  
pp. 182
Author(s):  
Syafiq Sulaiman ◽  
Salawati Mat Basir ◽  
Mohd Zamre Mohd Zahir
Keyword(s):  
Human Rights ◽  
International Law ◽  
Asylum Seekers ◽  
Law Of The Sea ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
Right To Life ◽  
International Human Rights ◽  
International Human ◽  
The Right

The protection of the right to life and the duty to rescue persons in distress at sea are the fundamental obligations under two specialized international law regimes which are the international human rights law and the law of the sea. These rules when read together form a strong protection of the human rights of the asylum-seekers stranded at sea. However, often states failed to honour this obligation for various reasons ranging from national security to economic reasons. This article will analyse Malaysia’s responsibilities as regards the right to life and the duty to rescue of these asylum-seekers. It will also identify the existing international and domestic legal framework relevant to the application of these obligations upon Malaysia and whether it has acted in breach of such obligations. The article then proceeded with suggestions for further improvement that Malaysia can adopt in order to better perform its obligations. This study is a pure doctrinal legal research which is qualitative in nature. The data used in this research is collected from library-based resources. These data were then analyzed by using methods of content analysis as well as critical analysis. The article found that Malaysia has a duty to protect the right to life under international human rights law. Additionally, Malaysia is also bound under the law of the sea to perform its duty to rescue. In view of Malaysia’s failure to perform these duties in two occasions in the past consequently had resulted in a violation of international law. Therefore, it is suggested that Malaysia should initiate a revision of its national laws and policies regarding treatment of asylum-seekers stranded at sea to be in line with Malaysia’s duty under international law. Besides, the Malaysian Maritime Enforcement Agency is call upon to comply with the international standards of treatment of persons in distress at sea which includes the asylum-seekers.  

scholarly journals International Human Rights in Canada: At the Juncture of Law and Politics

2013 ◽  
Vol 41 (1) ◽  
pp. 1-15 ◽  
Author(s):  
Faisal Bhabha
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Access To Justice ◽  
Supreme Court Of Canada ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Law And Politics ◽  
The Status ◽  
International Human

Thank you for the opportunity to address the very timely topic of international human rights law from the Canadian perspective. As my title suggests, my analysis of this topic sits at the intersection of law and politics, as so much of international law necessarily does. I will proceed in three parts. First, I will provide a sketch of the political context, drawing from recent events and trends, to describe a conflicted official government approach to international human rights. Next, I will examine the formal legal status of international human rights law in Canada, drawing selectively from key Supreme Court of Canada decisions. This will be far from a comprehensive account. Finally, I will discuss the recent adoption of the newest international human rights treaty, the disability convention, and discuss calls to promote access to justice at the international level for breaches of Convention norms domestically. Notwithstanding important efforts to advance the status of international human rights law in Canada, my overall observation is that, in both law and politics, the Canadian approach to international human rights is predominantly inward looking.

scholarly journals Assessing U.S. Targeted Killings Under An International Human Rights Law Framework

2018 ◽  
Vol 1 (1) ◽  
pp. 19
Author(s):  
Michael Ramsden
Keyword(s):  
Human Rights ◽  
Legal Framework ◽  
Decision Makers ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Domestic Legislation ◽  
The Us ◽  
International Human ◽  
Post Hoc

The US practice of targeted killings provokes difficult questions concerning the appropriate legal framework and the standards that govern such strikes. This article will argue that, in certain cases, it is necessary to examine the legality of targeted killings under international human rights law (IHRL). An explicit IHRL justification for targeted killings is important and, at present, often ignored by the US. IHRL requires any use of lethal force to be proportionate to the legitimate aim of safeguarding life and a necessary measure with no other reasonable means available to address the threat. It is possible, following a survey of human rights decision-makers, that targeted killings in exceptional circumstances are justifiable under IHRL. It is also incumbent on the US to pass domestic legislation that provides a legal basis for strikes disconnected to September 11, and also the provision of administrative and judicial review in order to provide a post-hoc check on targeted killing decisions.

Flights of Shame or Dignified Return? Return Flights and Post-return Monitoring

2015 ◽  
Vol 17 (4) ◽  
pp. 305-328 ◽  
Author(s):  
Jari Pirjola
Keyword(s):  
Human Rights ◽  
Asylum Seekers ◽  
Modern Technology ◽  
International Organisations ◽  
International Human Rights ◽  
International Protection ◽  
International Monitoring ◽  
Major Shortcoming ◽  
International Human ◽  
Human Rights Standards

The purpose of this article is to discuss return flights in the context of international human rights standards. What are the standards that have so far been developed by international organisations and the international monitoring bodies and how these standards have been applied in practice during return flights? Besides evolving standards, the paper discusses unclarities that need to be addressed to increase the human rights compliancy of return flights. The article also address the major shortcoming in the monitoring of the process of returning migrants and rejected asylum seekers to their home countries, namely post-return monitoring. It is argued that new opportunities that modern technology offers have not been exploited to increase the international protection of returning migrants. Post-return monitoring could increase the transparency, dignity and human rights compliance of return operations. The views expressed in this article are solely those of the author.

International Accountability Assessed

2020 ◽  
pp. 202-206
Author(s):  
Mary Ann Heiss
Keyword(s):  
Human Rights ◽  
Global Change ◽  
United Nations ◽  
Institutional Context ◽  
Racial Equality ◽  
International Human Rights ◽  
The Status ◽  
International Human ◽  
Independence Movements ◽  
East West

This chapter reviews the process of decolonization on a variety of levels, focusing on the local independence movements that dominate the historiography and reveal that the institutional context of the United Nations was important. It cites that newly independent nations transformed the UN from a vehicle for preserving the status quo to an instrument of global change. It also emphasizes how a decolonization-fueled campaign for international accountability for dependent territories was part of the larger multipronged postwar drive for universal equality. The chapter describes the campaigns for international human rights and racial equality as part of the nonaligned platform. It describes movements that shifted the international gaze from the East–West Cold War to North–South issues.

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