Эволюция принципа невысылки в международном праве и проблемы его закрепления в законодательстве Республики Беларусь

Abstract

The article analyses the evolution of the non-refoulement principle in international law in its development starting from refugee treaties under the auspices of the League of Nations. Analysed international instruments include relevant provisions of the 1951 Convention Relating to the Status of Refugees (to which Belarus acceded in 2001) and other UN conventions and declarations, regional instruments, as well as Conclusions on International Protection adopted by the Executive Committee of the UNHCR Programme. Analysis of the above documents and of the positions taken by key scholars of international refugee law (G. Goodwin- Gill, J. Hathaway and others) leads the author to the conclusion that the non-refoulement principle is a norm of customary public international law. The scope of protection under this principle includes also the obligation of a state to provide asylum seekers with access to the territory of the country of refuge. Several provisions of the present Law on Refugees of the Republic of Belarus are described as not compatible with the country's obligations on the protection of refugees from refoulement. The norms concerned include extended formulation of exclusion clauses, procedure of registration of applications for refugee status which bars asylum seekers' access to refugee status determination. Absence in the respective national regulations of clear prohibition of deportation or extradition of a genuine refugee also constitutes a gap in the implementation of the non-refoulement principle in Belarusian legislation. The interpretation of Belarusian legislation allows the resolution of collisions between international and national norms on non-refoulement in favour of the former. Nevertheless, there is a need to bring the circle of persons and the scope of protection under this principle established by national legal acts in line with the 1951 Refugee Convention.