Outsourcing obligations: an analysis of the principle of non- refoulement with regard to the privatized pushbacks
Date
2021-03
Authors
ESTIFANOS, FENAN
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University
Abstract
‘If someone escapes hell how can you grab them back and take them back to hell?’ -Bemba 1 This quote summarizes the plight of several refugees that are being forcefully returned to Libya on commercial ships. These forceful returns are at the behest of States, such as Italy and Malta, which are attempting to reduce the inflow of refugees into their countries. These push-backs however have not been attributed to any of these State despite the protection afforded by the non-refoulment obligation.
Description
‘You have to understand no one puts their children in a boat unless the water is safer than the land’ the words of Warsan Shire illustrate the reality of many refugees who attempting to escape the persecution and torture they face in their home countries make the dreaded journey through the Mediterranean Sea. The situation is further frustrated where once they have made such an attempt, they are denied disembarkation or even worse are pushed-back to the country they are escaping from due to the fear that they might claim asylum.