INSUBCONTINENT EXCLUSIVE:
KATHMANDU, JUNE 21Supreme Court Justice Sapana Pradhan Malla has said application of judicial mind and justice
approach rather than legal approach was crucial to protect the rights of refugees
Launching a book 'Landmark decisions of the Supreme Court of Nepal related to Refugee protection,' with UNHCR Representative to Nepal
Carolin Spannuth Verma, Malla said the SC decisions related to refugee protection were very progressive.
specific laws to protect journalists in South Asia
Dragon Boat Race Festival to be held on June 23, 24
Malla said although Nepal had not signed the two conventions related to refugee protection, the Supreme Court had set judicial precedents
of nonrefoulment, protection of refugees' identity and vital registration of refugees by applying international laws and that was important
Justice Malla said while the SC maintained judicial restraint in some cases, it also reminded the government of its international liability
towards refugees' protection.Addressing the programme, Justice Hari Prasad Phuyal said: "I assure you that as an independent judicial
system, we will persist in fulfilling our responsibilities, adhering to our constitutional values and obligations, and upholding the
principles of justice and human dignity in our pursuit of refugee protection." Phuyal said even for a non-signatory state like Nepal, the
fundamental tenets of international refugee law remain applicable
Most notably, the principle of nonrefoulment, a cornerstone of the refugee protection regime that has its roots in international human
rights treaties, such as Article 7 of the international covenant on Civil and Political Rights and Article 3 of the Convention against
torture, he added.
While Article 33 of the Refugee Convention does contain exceptions, the nonrefoulment obligations in
Article 3 of the Convention against Torture and Article 7 of the ICCPR are absolute, he said
These stipulations, offering wider protection against refoulment than the Refugee Convention, impose an unequivocal ban on any forcible
return to a risk of torture
This prohibition, now widely accepted as part of customary international law, applies to all states regardless of whether they are party to
the relevant treaties, he added
So, in a non-signatory state like Nepal, without a domestic legal framework governing the refugee population, courts have drawn upon
international human rights law instruments and customary international law principles.The Supreme Court decisions compiled in this book
recognise these international human rights laws for the protection of the refugee population in Nepal.Attorney General Dinmani Pokharel said
the SC decisions on refugee protection were significant as they reflected eastern values such as Atithi Devo Bhaba (the guest is equivalent
to God) and sharanko maran garnu hunna (those who seek refuge shall not perish)
He said although Nepal had not signed the two major conventions relating to refugees' rights, the Supreme Court had protected refugees'
rights invoking other international human rights laws.UNHCR Representative to Nepal Carolin Spannuth Verma lauded the Supreme Court's
dedication to refugee protection and the importance of a legal identity
"We applaud the commitment to upholding the rule of law and to continue work in shaping the future of refugee protection, she said, adding,
"we' must advocate for the rights of refugees, both within our borders and across the globe
We must ensure that access to asylum and access to justice is not a luxury but a fundamental right, regardless of one's nationality or
immigration status."She further said that by doing so, 'we reinforce the foundations of a just and inclusive society where the dignity of
every human being is respected and protected'.Verma said the Judiciary's role was paramount in safeguarding refugees' rights as refugees
were among the most vulnerable members of our global community who faced unimaginable challenges and uncertainties, often navigating complex
legal systems in their quest for refuge.Verma said the book chronicled the landmark decisions, providing invaluable guidance not only to
legal professionals but also to the administration, policymakers, scholars, lawyers, and many others who sought to advance the cause of
refugee protection, she added.A version of this article appears in the print on June 22, 2023, of The Himalayan Times.
This article first appeared/also appeared in https://thehimalayantimes.com
