Non-Refoulement During a Pandemic – With a Contextual Analysis of Border Closures Imposed by the EU, the US and India

Abstract

Non-refoulement is the most basic protection afforded to a refugee. Despite agreeing in theory, States often ignore this principle in practice ending up refouling refugees from their territories or frontiers. In times of COVID-19 crisis, refugees require asylum and healthcare not only as a human right but also to prevent the further spread of the virus. Violation of this principle jeopardises both. This article analyses the scope and extent of the principle of non-refoulement in refugee law, customary international law and human rights law. It also evaluates the ‘national security’ exception and whether it could be invoked to justify refoulement on the basis of a public health emergency. It probes the validity of border closures imposed by the EU, US and India in light of their respective commitments to international treaty and customary law. The article concludes by summarizing the analysis and suggesting alternatives to violation of non-refoulement obligations.

Keywords: Securing Borders, Pandemic, Non-refoulement, Refugee Crisis