International law is a fundamental tenet that guides relations between countries. It was first conceptualized by Jeremy Bentham in 1780, with a primary aim to benefit citizens, promote friendly relations between nations, and resolve international problems through cooperation and peaceful means.
The United Nations High Commissioner for Refugees (UNHCR), a manifestation of international law, was created in the aftermath of the Second World War to aid millions of displaced Europeans. The agency earned the Nobel Peace Prize in 1954 for its exceptional endeavors in Europe. Today, the UNHCR continues worldwide assistance to refugees, an accomplishment that gained it a second Nobel Peace Prize in 1981.
UN’s Concern Over Eritrean Asylum Seekers in Israel
The potential mass deportations of Eritrean asylum seekers from Israel following violent clashes in Tel Aviv have raised significant concerns at the United Nations. The clashes, which were spurred by a demonstration against an Eritrean government event, prompted the UNHCR to call for calm, cautioning all parties against actions that could exacerbate the situation.
The UN refugee agency also issued a reminder of the principle of non-refoulement under international law, which prohibits the expulsion of refugees into areas where they may face harm. Violation of this principle by deporting Eritreans would be an offence as Eritrea is notorious for widespread and severe human rights violations.
International Law and Policy on Asylum and Deportation
The non-refoulement principle, part of the 1951 Refugee Convention and its 1967 Protocol, guarantees that no person should be returned to a country where they may face torture, cruel treatment, or other irreparable harm. As a party to these treaties, Israel has an obligation to protect refugees and asylum seekers, and violation of this principle by expelling Eritreans would be a breach of international law.
The right to seek and enjoy protection from persecution in other countries is recognized by the Universal Declaration of Human Rights as a fundamental human right. By deporting Eritreans en masse, Israel would infringe upon these individuals’ right to asylum.
International Law and India’s Stand on Refugee Protection
India is not a party to the 1951 Refugee Convention and its 1967 Protocol, which are key legal documents pertaining to refugee protection under international law. While Article 21 of the Indian Constitution includes the right of non-refoulement, the country does not have national asylum legislation. However, the Refugee and Asylum Bill of 2019 was introduced in the Rajya Sabha but has yet to be passed by the Parliament.
About Eritrea
Eritrea, located on the Red Sea Coast in the Horn of Africa, shares borders with Ethiopia, Sudan, and Djibouti, and also has maritime borders with Saudi Arabia and Yemen. It was a former Italian colony that became part of a federation with Ethiopia in 1947. Annexed by Ethiopia in 1952, Eritrea finally gained independence in 1993.
Regarded as one of the world’s most authoritarian states, the country has been notorious for human rights violations, causing many Eritrean refugees to seek asylum in various parts of the world. This scenario poses significant challenges to international law, particularly in dealing with issues around mass deportation and the right to asylum.