Abstract
The recent revival of the EU’s attempts at creating offshore processing centres in North Africa to keep asylum-seekers away from its shores has come under criticism by rights groups as being an infringement on human and refugee rights. Elsewhere, both Australia and the USA have made extensive use of policies at interdiction at sea and offshore processing. While the practice helps avoid asylum-seeker taking risky journeys and falling victims to human traffickers, it carries potential perils of breaching human and refugee rights laws. Further, deplorable conditions in the offshore centres often constitute real threats to life, liberty and welfare of the asylum-seekers. In-country processing, too, has the merits of avoiding unsafe journeys but, absent adequate safeguards, the asylum-seekers remain exposed to retaliatory violence in the origin country.
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- 1.
DW News, 5 June, 2016. www.dw.com.
- 2.
Zara Rabinovitch, “Pushing out the boundaries of humanitarian screening with in-country and offshore processing ”, MPI, 16 October 2014.
- 3.
See, in this connection, Bimal Ghosh, Elusive Protection , Uncertain Lands: Migrants’ Access to Human Rights , IOM , Geneva, 2003, pp. 22–23.
- 4.
Explaining the judgement, he referred to “a controlling precedent [Bertrand V. Saval] …which indicates that the Protocol’s provisions are not self-executing”. Bill Frelick, “Haitian boat interdiction and return : First asylum and first principles of refugee protection ”. Cornell International Law Journal, vol. 26, Issue Symposium 1993.
- 5.
Cited in “Australia urged to close detention centre ”, Financial Times , 28 April 2016 .
- 6.
It should be noted that Article 31(1) of the Convention does provide for exemptions from the requirement that the asylum -seekers travel with legal documents for those countries where their lives are threatened and there are good causes for their entry without such documents.
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Ghosh, B. (2018). Asylum-Seeking and Externalisation of the Screening Process: Why so Controversial?. In: Refugee and Mixed Migration Flows. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-75274-7_6
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DOI: https://doi.org/10.1007/978-3-319-75274-7_6
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