COVID-19: The Effect On Refugees

• Published date: 04 May 2020
• Author: Mr Maurits Dolmans, Byron Spring, Courtenay Stock and Kathryn Collar
• Subject Matter: Food, Drugs, Healthcare, Life Sciences, Strategy, Coronavirus (COVID-19), Government Policy & Public Finance, Government Measures
• Law Firm: Cleary Gottlieb Steen & Hamilton LLP

Overview

• The COVID-19 pandemic is likely to exacerbate the global refugee crisis.
• National and international responses to the COVID-19 pandemic must include provision for the most vulnerable in societies, including millions of refugees and others affected by wars, persecution and disasters.
• The principle of non-refoulement is a fundamental tenet of international law protecting refugees Governments should find ways to reconcile entry restrictions imposed in response to COVID-19 with this principle
• The United Nations High Commissioner for Refugees (the "UNHCR") has launched a global appeal to raise US$255 million for its urgent push to curb the risk of COVID-19 outbreaks in these vulnerable communities.
• Governments should remain cognisant of their obligations under international law and should seek to include refugees and asylum seekers in plans to combat the spread of COVID-19.

Introduction

Although the COVID-19 pandemic may be the most recent crisis to strike the international community, the global refugee crisis is ongoing and critical. Many individuals with valid, non-COVID-19-related, grounds continue to seek asylum or refugee status in countries the world over.

COVID-19 is likely to exacerbate what is already a humanitarian emergency. Not only are refugees and asylum seekers at a high risk of contracting the virus and experiencing severe symptoms, but they may also encounter increased difficulty in seeking asylum due to measures imposed by governments in response to the pandemic. In addition, the pandemic places further strain on governmental attention and resources.

"As the pandemic spreads, our response must encompass the most vulnerable in our societies, including millions of refugees and others affected by wars, persecution and disasters." - UN High Commissioner for Refugees, Filippo Grandi.

The right to seek asylum

A refugee is a person who "owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality, and is unable to or, owing to such fear, is unwilling to avail himself of the protection of that country". ¹

An asylum seeker is someone who is seeking international protection. Asylum seekers who succeed in their claims for asylum are recognised as refugees in the jurisdiction that has provided refuge.

Although states are generally free to decide who enters their territories, Article 14 of the Universal Declaration of Human Rights (the "UDHR") provides that "[e]veryone has the right to seek and to enjoy in other countries asylum from persecution".

The rule against expulsion

Article 32(1) of the 1951 Convention Relating to the Status of Refugees (the "Convention") provides that:

"The Contracting State shall not expel a refugee lawfully in their territory save on grounds of national security or public order."

A decision to expel a refugee must be taken in accordance with due process of law. To fulfil this requirement, refugees must be allowed to submit evidence to clear themselves, and to appeal to and be represented for the purpose before the competent authority or its representative. ² Following a decision to expel, a refugee must be allowed a reasonable period within which to seek legal admission into another country.³

The principle of non-refoulement

The principle of non-refoulement is a fundamental tenet of international law. It protects refugees from being returned to countries where they have reason to fear persecution. The principle is now considered a rule of customary international law and is entrenched in Article 33 of the Convention: Prohibition of expulsion or return...