Application of the Principle of Non-Refoulement of Article 33 of the 1951 Refugee Convention Regarding the Prohibition of Deportation or Return of Refugees
Abstract
Non-refoulement is a principle of international law that contains a prohibition for countries to expel or repatriate refugees in any way to a country where their lives are threatened because of race, religion, nationality, membership of certain social groups, or because of their political opinions. This principle has become customary international law, therefore this principle is binding on States parties and countries that are not parties to the 1951 Convention. Indonesia is a country that is not a participant in the 1951 Refugee Convention, so basically Indonesia has no obligation and no authority in the problem of refugees coming to Indonesia. However, Indonesia still complies with jus cogens or customary international law, which is evidenced by Indonesia's willingness to provide temporary protection for refugees who come to Indonesia by not forcibly repatriating refugees to return to their home countries. The method of this research is normative juridical, this research is descriptive-analytical. Not to those who come because they are fleeing from refugee shelters where their lives are not threatened, are subjected to violence and belong to people smuggling groups Determining refugee status is the main factor whether a person who comes to Indonesia is a refugee or not As long as the Rohingya undergo the process of determining refugee status at the RSD, Indonesia still adheres to the principle of non-refoulement by not deporting Rohingya who come by force. Both the Aceh local government and the surrounding community distribute assistance for those who come to Indonesian territory by providing humanitarian assistance in the form of temporary shelters, foodstuffs, medical medicines, and other needs. Indonesia as a country that is not a party to the 1951 Refugee Convention does not allow asylum seekers and refugees who enter Indonesian territory to settle permanently.
How to Cite This Article
Tuti Susilawati K, Herli Antoni, Lilik Prihatini, Chairijah, Dinda Nurul Syahrani (2025). Application of the Principle of Non-Refoulement of Article 33 of the 1951 Refugee Convention Regarding the Prohibition of Deportation or Return of Refugees . International Journal of Multidisciplinary Research and Growth Evaluation (IJMRGE), 6(3), 584-590.