[Model Answers QP2021] “Refugees should not be turned back to the country where they would face persecution or human right violation.” Examine the statement with reference to the ethical dimension being violated by the nation claiming to be democratic with open society.

INTRODUCTION
Under international human rights law, the principle of non-refoulement guarantees that no one should be re-turned to a country where they would face torture, cruel, inhuman or degrading treatment or punishment and other irreparable harm.

The UN Refugee Agency reported that at the end of 2017 a record number of people, a cumulative total of 68.5 million, were forcibly displaced due to persecution, conflict, violence, or human rights violations. It is the largest number of displaced people since the Second World War.

Ethical Dimension being violated by the democratic nation: 

  1. Article 2 of the Universal Declaration of Human Rights: Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. 
  2. Article 3 of the Universal Declaration of Human Rights: Everyone has the right to life, liberty and the security of person.
  3. Categorical imperative:  “Act only according to that maxim whereby you can, at the same time, will that it should become a universal law.”
  4. Gandhiji’s Talisman: Recall the face of the poorest and the weakest man [woman] whom you may have seen, and ask yourself, if the step you contemplate is going to be of any use to him [her].
  5. Vasudhaiva Kutumbakam: is a Sanskrit phrase found in Hindu texts such as the Maha Upanishad, which means “The World Is One Family”.
  6. Humane: having or showing compassion or benevolence.

Common but differentiated responsibilities:  Western democratic countries have a historical responsibility to accommodate refugees as many refugee crisis has been the outcome of their colonial policies.

Conclusion:

Human rights are inalienable rights to life, liberty and opportunity to realize one’s potential. Turning back the refugees would  deny them their basic human rights. Hence democratic countries should respect humanity as a whole in line with their citizenry.

Extra Reading:

https://www.unhcr.org/4d9486929.pdf

https://www.ohchr.org/sites/default/files/UDHR/Documents/UDHR_Translations/eng.pdf

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